JAC Index 011316am1 Wednesday, January 13, 2016 ER means Exception Request. AM Agenda: 015 – Attorney General 160 – County and prosecuting Attorneys PM Agenda: 081 Board of parole 080 Department of Corrections 1/13/2016 8:06:16 AM Introduction of Committee 1/13/2016 8:07:42 AM Meeting called to order Richards called roll. All present. Ross: Welcome to the Attorney General and his staff. Explanation of process Michael: Peter Michael and John Knepper at the table. Will introduce staff as they speak. Steve Winders is our new fiscal officer. Law office with 167 attorneys. One is in Casper, the rest are in Cheyenne. Look for opportunities to bring work in-house. We have the criminal investigation division with over 100 employees. We have the victim services division with an office of 8 employees. Division has people in every county; handle federal and state money. Law enforcement academy. Governor’s Council for on Developmental Disabilities. Funding from LSRA for many of the ER and not from the GF. Burns: Why is the Governor’s Council for Developmental Disabilities in your agency? Michael: It happened before my tenure. Knepper: It is a slightly different sub agency than our other ones. It is run by the council. Our role is providing human resources and fiscal support. There is a lot of federal funding in the council. In terms of core mission, we are not the determinaters. Buller: Director of Council – When we began, we were our own entity. Governor at time decided it should be pulled into Governor Office, and then pulled into a different agency – a DSA. Burns: Any other agency would be responsible for the same tasks if you were placed there. Buller: Correct 1/13/2016 8:17:27 AM Michael: Agency has POST- a sub-organization that certifies and de-certifies officers. 12 to 15 per year. Skip pages, Law Enforcement Academy, Enterprise fund. Will defer until we talk about the LEA. Page 8 List of Department Priorities. Most are priority 1, which are required by statute. Priority 2 are permitted by statute. Priority Listing of Exception Requests. Lower priority does not require a lot of discussion. 1/13/2016 8:21:58 AM Michael: Page 15 Law Office- Employee count increase of 4 between base and std. budget. Two fiscal personnel are a movement of personnel. Two created last session, attorney to develop uranium program and a paralegal to support. Nicholas: Uranium position is only for a couple of years. Michael: Full time position. No sunset. Greear: Will be FT position and continue. Compliance issues with nuclear regulatory commission Knepper: I see the ongoing need. Greear: The state has hired a law firm in Washington, DC to get the agreement status... The AG office is to help with the compliance. I have a report available. Connolly: Expenses with Death Penalty cases. Governor action Michael: Eaton case. Knepper: The Eaton case is being funded out of the law offices general budget. Currently, he is the only inmate on death row in Wyoming. Judge’s order for resentencing. Appeal in district court, now in federal court of appeals. Costs are money because of time. Absorb as part of our duties. Office has prosecution assistance account. If prosecutors need additional money, 175,000 per biennium, is available. I can’t speak to the expenses on the public defender side. Connolly: Is that 175,000 exclusively for death sentence cases? Knepper: No Burns: ? Michael: Discussion of Eaton case Burns: 2nd ruling. Michael: Explanation Knepper: Judge Johnson ruling. Federal public defenders and state. The federal public defenders are pursuing the Eaton case through the federal courts. Question was not whether there were resources available. It was a question of having state public defenders. Federal requested they finish their procedure before state get involved. 10th circuit court. Ross: Does the $175,000 revert? Knepper: It is part of our standard budget so it reverts and is re-appropriated. Michael: Office initiative of the recognition that local and county prosecutors do not have the resources to take on national groups, which are well funded. Working to make sure appellate attorneys have experience to support county attorneys. Ross: Bench trained not just appellate trained. Michael: yes Burns: Money just for legal aspects? Michael: I have not looked at the restrictions on that budget. Burns: Matt Shephard case – 300,000 rotating fund at discretion of AG to give out to local attorneys and law enforcement. Fund is not there? Knepper: We looked into the authority of this recently. Prosecution of Albany county attorney. This may still be that fund that was originally 300,000. Not familiar with parameters of fund because it is for county and district. Burns: This fund had wide discretionary use by the AG/ 1/13/2016 8:43:03 AM Michael: pg. 18 ER=Hardware and Software. Governor cut number in half. He approved money for software subscriptions. Example of software given. Nicholas: Do you track time required by your office for public records requests? Michaels: Yes, time track system. Rules are being brought in by AandI for costs to charge the correct amount. Data trolling. DOC 350-400 hours on a prisoner’s public records request. Cost versus openness of government. Nicholas: Information available on an annual basis. Modify public records act. Ross: LSRA appropriation. What is the use? Michael: Plan to continue to run our hardware into the ground. Greear: Staff position from school foundation funds to GF. Revenue sources on page 22. School foundation still exists but at a greater number Knepper: Top of page 18 is a typo. We are not asking to move a position. Actual budget numbers do not reflect that. Identified a paralegal that was being paid for by school foundation money. When another paralegal position became open, she moved. Will get another attorney on education issues. SF 104. One statute provision sustained removed the attorney from the Superintendent of public instruction. That has caused a bigger work load for our office. Currently spent on private providers. Use money as intended and save money for the state. Greear: That was a staff position funded by school foundation funds. Move over for attorney work. Should it be handled differently through the budget process. Need to guard the school foundation funds. Concerned to see error and use of money. Knepper: Explanation. Greear: spending funds on outside counsel for school issues. Michael: Would rather pay Wyoming rate, do the work here. No reason to hire outside expert. Harshman: Request for spending numbers out of Dept. of Education paying for outside counsel. Greear: Knepper: Expectation of training of our uranium attorney by outside attorney. Greer: Uranium attorney is in this unit? Issue is that once that program is stood up, it will be 100% funded by industry. Will be reduction on GF. Nicholas: Make it a temporary or sun-setted position so we know it will be funded through its own mechanism Harshman: Request for one page information from agency. (outside counsel) Michael: Workman’s compensation for DWS is another area. Nicholas: Paralegal funded through SF program and not doing work for SF. Will come to us for additional counsel in future and transfer of funds? Not in budget today? Michael: No, we have an advertised position for the agency for education Nicholas: Working with Dept. of Education to assume outside cost and assist with funding. Down the road? Michael: Not down the road. We want to fill the position. Wasserburger: I present this to the senate. Software for case map and case logistics and heat software. Michaels: Case map used by litigation division to organize voluminous document. Case logistics tracks documents for public records requests. Heat software that our contracts units used to track state contracts. We review every state contract within 30 days of submission. Paralegal used the heat software. Harshman: page 22 finish up Michael: page 19, 20 Nicholas: Drought is gone, now flooding. Money still needed? Michael: Level of dam indicates risk. Nicholas: In terms of this biennium and retaining 1 M in fund, is it necessary. How would it be expended? Cassidy: Colorado River. Lake Mead and Lake Powell levels. Fight with lower basin states. Flaming Gorge Reservoir. $1m is for imminent litigation. I am not aware of pending or imminent litigation or study. State engineer’s office has ideas for study and would like to utilize some of those funds for that study. No specific request at this time. It is a matter of legislative discretion. Do you want the money on reserve or provide the money at time emergency occurs? We are on the verge. Lowest lake levels they have ever been. Harshman: page 22 Source of funding. School foundation money increase is from what? Knepper: will drill down Harshman: Question on other school funds and where they went. Knepper: will investigate and provide follow up. Harshman: Additional raises. 220,000 GF is our number. 1/13/2016 9:12:56 AM Michael: page 23, priority 6, Yellowstone River Compact Litigation funding. Gave review. Wyoming shorted Montana a tiny amount of water. We owe Montana 15000 (based on water cost per acre) plus 12000 in interest. $316,000 number based on worst case scenario of damages trial. Source of funding is water development account, which originally funded Big Horn adjudication. Transfer of $316.000 from Big Horn to Montana. Burns: Do you think Montana will file during next drought? Michael: I don’t think so. Highly unlikely. Wasserburger: Request follow up of money spent in lawsuit and Yellowstone River information. Michael: Agar: Clarification – use of water funds. This is not a request for new funds. It looks like a request for additional. You are requesting authorization authority to spend what you already have. If we did not approve that, you would not be adversely affected. Winders: The money we are moving is in the fund. Agar: You do not require an additional 316,000 as presented in this table. Winders; The money is in unit 401. Greear: How much will be left in that fund? Governor rec. does not show that it will revert. Winders: 441,000 of which we need 316,000 Ross: How do we handle at mark-up? Richards: Committee votes on page 24, which has request for additional 316,000. Staff will advise vote no on that money. Question of remaining balance. Do you need all of the money or just the 316,000? Michael: Send the rest back to water development for their use Burns: Account in water development Michael: Fund I Medicaid Fraud Control Unit has 4 personnel Nicholas: Question on not meeting waiver and 18 month delay in payment while fraud division is investigating a one hour non-compliance. Causing provider to go out of business if not receiving funds for the client, while providing services for that client. Knepper: We can authorize the funds to continue to flow. I have not heard of a particular case. Our intent is to ensure people spending money are doing so appropriately. Nicholas: I met with Medicaid fraud control and nothing heard in six months. Burns: Costs for cases in Wyoming? Michael: Travel for investigators Connolly: Medicaid fraud will recover funds in excess of costs of unit. Funding unit from those funds? Michael: Will follow up with the numbers Burns: What about Medicaid fraud? Knepper: 75% federally funded so specific rules. Medicaid is outside scope. Burns: Is it outside AG purview? Only investigated by federal? Knepper: Work with federal officials. Case of fraud against the federal government. Mr. Woodsen said he could not add much. Investigative resources in agencies that run the programs or in the law enforcement. 1/13/2016 9:31:32 AM Break 1/13/2016 9:45:10 AM Michael: page 29, School funding equity litigation. Mike O’Donnell, second attorney and a paralegal. Nicholas: 901, $500,000 professional services, common number Michael: Historic number, carried through. Will check if still needed. Connolly: Why AWEC? Using school foundation monies? Michael: Will follow up on AWEC; day to day advice is separate function, litigation handled thru AG. Tobacco Unit. Required to have attorney to enforce tobacco laws statewide adequately to maintain funds. Spent $33,000+ Cut $42,000 in conjunction with governor request not to overspend monies Page 36, consumer protection. Page 39, Medicaid/Health Reimbursable Costs. Memorandum to find 2 positions and 1 paralegal. Page 43, Criminal Investigations Crime Lab, criminal justice information systems, criminal investigations Ross: Asset forfeiture? Michael: largest is buy funds for drugs, informants Harshman: software? Woodsen: Switched software vendor. Michael: Exception, TFO replace vehicle. $315,000 request, governor approval of $150,000 LSRA Exception request of computer hardware and software, $84,537, governor reduced to zero Nicholas: page 49, 901 series? Woodsen: pass through of funds for 12 task force officers. Michael: page 51, Crime lab Exception request to replace microspectrophotometer. Governor approval of $185,000 LSRA. Hastert: processing of rape kits? Chambers: no backlog Michael: Exception request to replace two liquid handling robots. Governor denial. Burns: Not okay with denial of request. Jolley: Robotics assist in reduction of risk of error in DNA analysis, can process with less amounts of DNA Reduction in contamination. Michael: page 57, Criminal Justice Information Systems. $50,000 telecommunications savings. Exception request for message switch, $325,000. Governor approval from LSRA Nicholas: footnote to restrict only if needed and for this use only? Michael: page 64, Meth initiative Woodsen: Meth and heroine problems in the state. Program created earlier, injected in various forms, funds chemist in lab Michael: Page 65, justice assistance grant, Byrne grants Woodsen: federal grants which fund task force officers throughout state, hidta in high intensity drug trafficking area. Michael: page 67, internet crimes against children Page 69, high intensity drug trafficking areas, hidta Page 72, asset forfeiture projects. Assets resulted in $350,000, basically used for buy funds and wiretapping fees. Spending authority sought Knepper: upcoming legislation would preserve civil asset forfeiture mechanism. Timing issue. No funds are forthcoming until completely adjudicated. Connolly: funds vary? Michael: $34,000 - $680,000. Average $150,000-$350,000 range. Connolly: conviction? Knepper: mostly not a result of a conviction. Harshman: various categories connected to asset forfeiture handout. Michael: page 74, law enforcement academy. Enterprise account resulting from individuals paying tuition and room and board. Reduction in meals ($189,734), passed thru to local agencies sending individuals for training. Harris: no one is paid per diem to attend basic training. Michael: Exception request for vehicle replacement for 3 emergency vehicle operations training. Governor approval of $92,250 from LSRA. Harris: sold to salvage yards for $300 each. Need police package on cars. Michael: page 77, Outdoor firearms range lead abatement. Governor denial. Page 78, ETS adjustments $25,010, governor approved. Michael: Enterprise accounts, Canteen Page 91, Frangible ammunition 1/13/2016 11:06:34 AM Break 1/13/2016 11:14:10 AM Michael: page 93, Peace Officers standards and training. Exception request, page 95, software for training and certification application. Located grant which should cover costs in full. Page 99, medical review panel to protect health care providers and their employees. Page 103, Victim Services. Conferences Page 109, domestic violence/sexual assault Chambers: federal grants and state monies Michael: page 110, 4% decrease from previous budget of $104,855. Page 112, child advocacy center, 1% budget reduction of $4,000. Page 115, victim witness funding. Budget reduction of $38,400, 4%. Page 118, DVS administration. Budget reduction of $5,000. Exception request, page 120. Delete as can be purchased using federal funds. Page 123, service provider salaries. 2% budget reduction of $16,084. Page 126, family violence prevention. Exception request page 127 Chambers: increased spending authority as federal grant has been increased. Michael: page 130, VOCA (Victims of Crime Act), assistance grant. Increased spending authority as federal grant has been increased. Most provide 20% state and victim match. Greear: match when VOCA funds are reduced. Chambers: 3 year grant will be slowly released to better meet matching requirements by receiving programs. Nicholas: how much can reduce general funds when can no longer receive federal funds due to lacking match? Michael: page 134, unmatched federal grant, VOCA compensation grant Page 137, 25% match, VAWA Violence against women grant Page 140, preventive health block grant Page 143, DVS Sexual Assault services program, request increased spending authority. Page 146, Governor’s council on developmental disabilities. Exception request for computer hardware replacement, state funds from LSRA. Harris: HVAC and housekeeper at Law Academy positions addressed. 1/13/2016 11:59:39 AM Lunch