Council Meeting Information

December 16, 2008

Room 302 State Capitol

Cheyenne, Wyoming

 

Council Members Present

Representative Roy Cohee, Chairman

Senator John Schiffer, Vice Chairman

Senator Jim Anderson

Senator John Hines

Senator Mike Massie

Senator Tony Ross

Representative Colin Simpson
Representative Bill Thompson

 

Council Members Absent

Senator Ken Decaria

Representative Tom Lockhart

Representative Tom Lubnau

Representative Saundra Meyer (filling vacancy for Representative Marty Martin)

 

Legislative Service Office Staff

Dan J. Pauli, Director

Mark Quiner, Assistant Director

Dave Gruver, Assistant Director

Wendy Madsen, Legislative Information Officer

Anthony Sara, Associate Legislative Information Officer

 

Others Present at Meeting

Please refer to Appendix 1 to review the Council Sign-in Sheet
for a list of other individuals who attended the meeting.

Executive Summary

The Council met in Cheyenne on December 16, 2008 and was briefed on the annual report on administrative rules and new legislator orientation, discussed how to proceed with space allocation decisions within the Capitol, and approved a policy related to use of the new wireless system.  The Council voted to sponsor the annual revisor’s bill and a bill on archaic laws.  The Council referred an issue regarding school finance to the Education Committee and charged the JAC with jurisdiction over retirement issues. During the meeting, the Council was also provided with a demonstration of the audio-visual capabilities in the newly remodeled committee room in Room 302.

 

Call To Order

Chairman Cohee called the meeting to order at 9:30 a.m.  The following sections summarize the Council proceedings by topic.  Please refer to Appendix 2 to review the Council Meeting Agenda.

 

Approval of Minutes

Minutes from the October meeting will be sent to the Council by mail. 

 

Administrative Rules

Mr. Dave Gruver explained the annual report on administrative rules prepared by the LSO Legal Division.  This report describes the actions taken on administrative rules during the past year by the Management Council.  He explained that the report also reflects the Governor’s response to Council recommendations on rules during 2008. He noted that the Governor took all action on rules that the Council recommended with the exception of rules related to the Board of Certified Public Accountant fees, noting that the Governor signed the rules as submitted because the Board was submitting legislation for the 2009 session to address the issues identified. 

 

Capitol Building space allocation

Chairman Cohee discussed the Council’s action at the October meeting appointing a subcommittee to recommend a process to determine temporary and permanent space allocation in the Capitol after renovation.  He noted that the Council requested that the Speaker and President work together to determine how to proceed regarding the work of the subcommittee.  Chairman Cohee explained that based on discussions between himself and Senator Schiffer, they agreed that this issue should be referred to the Council of the 60^th Wyoming Legislature.  The presiding officers recommended that the next Council may want to examine options to include a citizen’s commission to develop recommendations regarding use and occupancy of the Capitol.

 

Demonstration of Room 302 Capabilities

Mr. Anthony Sara gave an overview of the Room 302 audio-visual capabilities. This included a demonstration of the new microphones and loudspeakers; recording capabilities; media feeds; hearing assistance system; and an overview of the presentation mode of the room including laptop projections on the plasma screens, the ability to play DVD’s, and cable TV capabilities. Mr. Sara also demonstrated the audio and video conferencing system.

 

Ms. Madsen explained that the Select Committee on Legislative Technology will be considering policy issues for Council’s consideration regarding use of the video conferencing system in the future.  She also explained the differences between the state systems accessible through the Legislature’s system.  Council members asked about use of the system outside of the state systems, including potential use to attend NCSL and CSG meetings remotely or to set up meetings with Wyoming military personnel stationed overseas.  Ms. Madsen noted that staff will inquire about these possibilities with the sound system consultant and the Department of Administration and Information.  Ms. Wells also explained that the IT staff is looking into web-meeting services and whether these services can integrate with the system in Room 302.  The Council also discussed the need to train Committee chairman regarding the audio-visual capabilities of the room and the policies and costs associated with use of the video conferencing system.  

 

Policy relating to use of dual wireless system

Mr. Griffin and Ms. Wells presented information about the new wireless system that allows legislators access to an encrypted site and unencrypted public access to the Internet.  The Select Committee on Legislative Technology has requested that the Council provide policy direction regarding whether the public portion of the site should be available year-round or just during session and whether the public site should include filters.  Ms. Wells provided the Council with information regarding annual costs for web filters that can block users from accessing certain content on the Internet (see Appendix 3.)  The Council discussed the need for members of the public to follow the same policies regarding use of cell phones in the galleries regarding the sound level on laptop computers to make sure that such use did not create disruptions in the gallery.  Senator Schiffer moved to allow public access to the site during legislative sessions and to turn off access during the interim and not to filter content at this point in time.  The motion carried.

 

Proposed amendment to House & Senate rules

Mr. Pauli presented information from the Select Committee on Legislative Technology requesting a rule change to authorize the use of “amendments in context.”  He noted that this request will be presented to the House and Senate Rules Committees, but wanted to advise Council of the request.  He explained the current process to draft “directive” amendments that state which words to insert and delete by page and line.  He noted that this is often difficult to track with the bill.  He explained that in certain circumstances, the LSO legal staff could actually delete several lines entirely and insert the new language.  He believes this would help legislators and the public better understand many amendments.  He noted that the risk to this approach is that staff could inadvertently leave out a word when cutting and pasting language in this fashion.  The proposed rule would give the staff discretion when enrolling to follow the directive of strike and underlines.  Representative Simpson moved to recommend the Rules Committees adopt the proposed rule.  The motion carried. 

 

Update on new member and all-member orientation

Ms. Madsen updated the Council on new member orientation that was held December 11 through 13, and provided the members with an overview of the content of the second session that begins on January 8 through the 10 (See Appendix 4).  She noted that she is working with legislative faculty to refine the policy sessions that will be offered on January 8.  She also reminded the Council that training for all members will be held on January 12.

 

Revisor's Bill

Mr. Gruver presented the revisor’s bill (09LSO-0004.W2) for the 2009 General Session, which is sponsored each year by the Management Council to correct inadvertent errors in the statutes from previous legislative sessions.  He explained that most of the bill is related to typographical errors, but pointed out two provisions seeking additional direction from the Council. 

 

Senator Ross moved the adoption of the revisor’s bill.  He also moved to amend line 23 and 24 on page 3 as suggested by staff to restate the language “punished” and to provide for the penalty as originally intended in W.S. 17-16-129.  The motion carried with a roll call vote of eight ayes and five absent (Schiffer, Decaria, Lockhart, Lubnau, Meyer.)  (See Appendix 5, 09LSO-0004.W2, and roll call at Appendix 6.)

 

Archaic Laws subcommittee bill

Mr. Gruver explained the obsolete laws bill draft (09LSO-0002.W1) to the Council.  He noted that the Subcommittee appointed by Council to work on archaic laws, voted to forward the bill draft to the Council for its consideration.  He also explained that the Subcommittee recommended sending two issues to the interim committees for their consideration.   

 

Mr. Gruver explained the provisions and staff comments related to the bill.  He explained that the bill is structured by general topic in each section, such as things that the Court has held unconstitutional, archaic provisions, and bad references, and it is not structured like a normal bill by title in sequential order.  He explained that the reason for this structure is that these groupings could be amended by type of section, rather than by title. The Council asked if staff comments should be included in the bill.  Mr. Gruver explained that he was not concerned about using the staff comments to explain the bill, but would not recommend including the comments in the session laws. 

 

Representative Simpson moved to sponsor the bill with the recommendations noted by staff and to allow the President and Speaker the discretion to direct various committees to address provisions identified by staff that should be further considered by committees during the interim.   The motion carried with a roll call vote of eight ayes and five absent (Decaria, Lockhart, Mockler, Lubnau, Meyer.)  (See Appendix 7, 09LSO-0002.W1, and roll call at Appendix 8.)

 

The Council discussed how to continue to move the process forward in future years to continue addressing archaic provisions.  Mr. Gruver recommended that staff present a list to Council each year to refer specific provisions for the appropriate committee to review and address. 

 

Other Business

 

JAC Request

Mr. Pauli explained a letter that the Council received from the Joint Appropriations Committee regarding assignment of retirement-related issues to the Committee (see Appendix 9).  Mr. Pauli noted that the Committee is requesting that JAC be given a formal designation by the Council as the Committee to handle retirement issues.  Representative Simpson moved to approve the JAC’s request.  The motion carried.  Mr. Pauli said that staff would prepare a letter for the Chairmen noting the request was approved. 

 

School Finance Issues

Mr. Mike O’Donnell, of the Attorney General’s Office, briefed the Council regarding an interagency matter that may impact school finance issues.  He explained the role of the Department of Audit to audit school district data.  The auditors believed an examination needed to occur by the Department of Education of the calculations made by consultants in initial school finance model development.  The Department of Education believes this is a legislative policy and therefore should not be analyzed by the Department of Audit. He explained that the Department of Education is charged with implementing the model adopted in law by the Legislature, while the Department of Audit is responsible for auditing the data generation process by the districts.  He recommended that the issue be referred to the Education Committee for possible clarification regarding the role of the Department of Audit.  

 

Senator Schiffer moved to request that the Education Committee review this matter with regard to accuracy, validation, and the ability to develop in-house expertise over time.  The motion carried.

 

Public Interaction with Committees

Chairman Cohee brought an issue to the Council’s attention regarding procedures for how a member of the public who feels they have been aggrieved by a legislator or a committee should proceed to address their grievance.  He noted that the presiding officers received a letter from a member of the public regarding a recent interaction at a Travel Committee meeting.  Mr. Gruver explained a memo that staff drafted in 1992 regarding this issue, based in part on guidance in Mason’s Manual, regarding disciplinary actions available to the House and Senate.  He noted that a committee does not have the ability to censure or discipline its own members, but chairmen do have the ability to maintain decorum and order during meetings and have the authority to gavel a member down, if necessary.  He also noted guidance provided in Mason’s Manual regarding legislative bodies' flexibility to address such situations.  The Council discussed how a member of the public would know what options are available and how to proceed and how to inform the public of procedures.  Chairman Cohee noted that this could be addressed when issues arose.    

 

After discussion, the Council agreed that Mason’s Manual provides sufficient guidance and flexibility to address these types of issues in the future.  Regarding the current complaint, the Council requested that staff make a transcript of the portion of the Travel Committee meeting in question and send it to the committee chairmen to address.  Then, it is the prerogative of the member of the public who raised the issue to approach the presiding officers, if the individual believes that their concern was not adequately addressed by the committee chairmen.   The Council asked about LSO’s policy regarding maintenance of audio files of committee meetings.  Mr. Gruver explained that the LSO does not have a formal policy, but with the old tape recorders, staff keep the tapes until the minutes have been approved by the committee.  With the digital recorders, LSO is maintaining those files on computer.

 

Personnel Issues

The Council resolved itself into executive session to consider personnel issues.  Following the executive session, the Council approved the recommendations of the Management Council compensation subcommittee relating to compensation adjustments. The Council also adopted the attached policy providing guidance for future compensation determinations (See Appendix 10).

 

Meeting Adjournment

There being no further business, Chairman Cohee adjourned the meeting at 2:30 p.m.

 

 

Respectfully submitted,

 

 

 

Senator Jayne Mockler, Secretary

 

 

 

 

 

 

 

 

 

 

Appendix		Appendix Topic		Appendix Description		Appendix Provider
1		Council Sign-In Sheet		Lists meeting attendees		Legislative Service Office
2		Council Meeting Agenda		Provides an outline of the topics the Council planned to address at meeting		Legislative Service Office
3		Dual Wireless System		List of annual costs for web filters		Legislative Service Office
4		New Member Orientation		Orientation agendas		Legislative Service Office
5		Revisor’s Bill		09LSO-0004.W2		Legislative Service Office
6		Revisor’s Bill		Roll Call		Legislative Service Office
7		Archaic Laws Bill		09LSO-0002.W1		Legislative Service Office
8		Archaic Laws Bill		Roll Call		Legislative Service Office
9		JAC Request		Letter from Joint Appropriations Committee		Legislative Service Office
10		Personnel Issues		Policy regarding salary adjustments		Legislative Service Office