COMMITTEE CHAIRMAN'S HANDBOOK

 

CHAPTER III

 

CONDUCT OF COMMITTEE MEETINGS

 

 

1.         COMMITTEE RULES.

 

Standard rules for the conduct of committee business are attached as Appendix 3.  Joint Rule 17-1 provides that these shall be the standard rules for the conduct of committee business unless a joint interim committee adopts alternative rules at its first regularly scheduled meeting following adjournment of the general session.

 

2.         DECORUM/PROTOCOL IN MEETINGS.

 

While many of the formal rules of procedure and debate are somewhat relaxed in committee meetings in order to permit free discussion, some formality is required to ensure proper decorum and efficient operation.  (See generally, Mason's Chapters 12, 13 and 58.)  On occasion it may prove worthwhile to advise the audience of the committee's standard rules of procedure and decorum at the beginning of the meeting before inviting public testimony.

 

(a)        Addressing the Chairman.  All debate and questions should be addressed to the chairman.

 

(b)        Proper Protocol.  Proper protocol should be observed in recognizing individuals who may wish to address the committee, e.g., priority of recognition should be given to federal elected officials, state elected officials, members of the judiciary, legislative leaders, other legislators who are not committee members, etc.

 

(c)        Maintaining Order.  The chairman is primarily responsible for maintaining order at the committee meeting.  Order can normally be maintained by calling for the attention of those present or by ruling inappropriate discussion out of order.

 

In the unlikely event of a disruptive person ignoring the directions of the chairman, it might become necessary to temporarily recess the meeting and ask for security personnel to be contacted.

 

Extreme cases of disorderly conduct at a committee meeting may be subject to criminal prosecution.  See W.S. 28-1-110.

 

3.         CHAIRMAN'S ROLE AT COMMITTEE MEETINGS.

 

Mason's Section 611 lists the following as the general duties of the committee chairman:

 

(a)        To call the committee together to properly perform its functions.

 

(b)        To preside over meetings of the committee and to put all questions.

 

(c)        To maintain order and decide all questions of order subject to appeal.

 

(d)        To supervise and direct the clerical staff and other employees of the committee.

 

(e)        To prepare, or supervise the preparation of reports....

 

(f)         To have custody of all papers referred to the committee....

 

In addition to facilitating discussion, it is extremely important that the committee chairman exercise his authority to keep the committee on track and on time.  A chairman attempting to run a "tight" (efficient, productive) meeting may run the risk of appearing to limit discussion, but the greater danger may lie in allowing the meeting to be so unstructured that the committee's time is wasted in nonproductive or speculative discussion while significant issues are left unaddressed.

 

"A committee chairman must learn to wield a gavel much like a conductor uses a baton.  A timely schedule, a manageable agenda and a sense of order and rhythm are the hallmarks of a successful meeting.  Without these, a chairman will be faced with confusion and delay... A chairman needs to utilize committee time well and productively, so that the public and other interested parties have an opportunity for input and gain an impression of dignity and order."  A Chairman's Guide to Effective Committee Management (NCSL 1981).  See Appendix 5.

 

 

4.         EXECUTIVE SESSIONS.

 

(a)        Exempt from Public Meetings Law.  The state legislature (and thereby its committees) are specifically exempt from the open meeting requirements of the Public Meetings Law, see W.S. 16-4-402(a)(ii).

 

(b)        Executive Sessions of Joint Interim Committees.  Management Council Policy #10 governing interim committees provides, in part:

 

"Meetings of ... joint interim committees will be open and public; provided the chairman of the meeting may call an executive session and exclude therefrom all persons except those whose presence is requested by the chairman."

 

(c)        Executive Sessions of Standing Committees.

 

Senate Rule 7-3:

 

"... All standing committee meetings shall be considered open meetings except when declared to be an executive meeting by the standing committee chairman."

 

House Rule 4-3:

 

"... All committee meetings will be open to the public unless declared an executive session by the chairman."

 

 

5.         AUTHORITY TO SUBPOENA WITNESSES.

 

Legislative committees are authorized to issue subpoenas under W.S. 28-1-109 (see also Management Council Policy #11 relating to joint interim committees).

 

The LSO has developed, and will provide to any committee chairman upon request, detailed procedures relating to issuance of committee subpoenas. 

 

 

6.         AMERICANS WITH DISABILITIES ACT.

 

The U.S. Congress enacted the Americans with Disabilities Act (ADA) in 1991 to ensure the full opportunity for persons with disabilities to participate in all programs and services available to the general public.  Relevant provisions of the ADA became effective July 1, 1992.

 

Unlike Section 504 of the Rehabilitation Act of 1973, the ADA does not limit requirements for accommodating persons with disabilities only to programs which receive federal funding. The five Titles of the ADA affect both the private and public sectors, regardless of federal participation.  Of particular importance to the Wyoming Legislature are Title I, which requires that persons with disabilities not be discriminated against in employment, and Title II, which requires accessibility of programs and services in the public sector.  The gravamen of the ADA is that reasonable accommodation shall be made for persons with disabilities.

 

For committee chairmen, Title II of the ADA is to be considered when setting meetings for their interim or standing committees.  The Management Council has approved the following policies to ensure compliance with the spirit and intent of the ADA:

 

(a)        Interim committee meeting sites will be scheduled by the Legislative Service Office (LSO) staff to ensure that the sites are readily accessible to persons with mobility impairments.

 

(b)        All meeting notices for interim committee meetings will contain a statement asking persons with disabilities who need special accommodation to contact the LSO.

 

(c)        If persons with hearing impairments request accommodation by the use of an interpreter, the LSO will attempt to arrange for an interpreter to be present at the meeting.

 

(d)        During the course of a legislative session, should a standing committee chairman, a member of the legislature or any session staff receive a request from a member of the public for the accommodation of a hearing impaired person through the use of an interpreter, that person should contact: (1) the Staff Supervisor for the house of the legislator involved; or (2) the LSO, who will make reasonable efforts to arrange for an interpreter.  Legislative proceedings will not be delayed because of the request.

 

(e)        If a visually impaired person requests accommodation regarding bill drafts or other legislative information or publication through audio means, the LSO will arrange to make the material requested available on audio tape and will charge no more than charges levied for the same printed materials.