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October 8, 2002
Pahaska Teepee Lodge
Cody, Wyoming
Senator Henry "Hank" Coe, Chairman
Representative Rick Tempest, Vice-Chairman
Senator April Brimmer Kunz, Secretary
Senator Rich Cathcart
Representative Chris Boswell
Representative Randall Luthi
Representative Dick Sadler
Dan J. Pauli, Director; Dave Nelson, School Finance Manager; Wendy Madsen, Legislative Information Officer
Senator Ken Decaria
Senator Grant Larson
Senator John Schiffer
Representative Mac McGraw
Representative Pat Nagel
Representative Fred Parady
All meeting materials and handouts provided to the Committee by the Legislative Service Office (LSO), public officials, lobbyists, and the public are referenced in the Meeting Materials Index, attached to the minutes. These materials are on file at the LSO and are part of the official record of the meeting.
Chairman Coe called the meeting to order at 8:40am. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 1 to review the Committee Meeting Agenda.
Minutes of the March 12, 2002 Management Council meeting were approved with no amendments.
Mr. Pauli explained that all administrative rules reviewed by LSO had either been placed on the consent list or were approved by mail ballot. No other rules required action by the Council at this time. Appendix 2 lists the Council's action on rules by mail ballot since the last meeting at which rules were considered.
Mr. Nelson reported on the status of school finance studies required by 2002 legislation, as well as the transition process for school capital construction. Discussion focused on the progress of studies performed under contracts approved by the Council for professional services necessary to address school finance model components, most of which will result in legislative recommendations for the 2003 General Session. Mr. Nelson indicated studies of the small school adjustment, the regional cost adjustment and special education funding will likely extend into the 2003-2004 interim.
Mr. Nelson provided an explanation of supplemental contracts for school facility review by the Joint Appropriations Committee (JAC) and particularly noted a request by the Committee for additional review on the structural integrity of the existing Powell high school complex. The additional information was felt to be necessary in order to fully evaluate the facilities and to develop a remedy. It was noted that Park County School District #1 requested the JAC delay its review of district facilities. The Committee acknowledged the District's request and indicated the request may jeopardize development of a remedy in sufficient time for consideration during the 2003 General Session. Mr. Nelson also provided the Council with the latest data on Average Daily Membership for school districts in the state. (See Appendix 3).
The Council viewed the new videotape explaining the state’s budget process that was produced by Wyoming Public Television. After viewing the tape, the Council directed that letters of appreciation be sent to Wyoming Public Television for producing the program and to Dennis Curran for writing the script for the program. The Council also voted to send a courtesy copy of the video to all Wyoming high schools, community colleges, the University of Wyoming, county libraries, and all new and returning legislators, and to purchase extra copies for future legislative use.
The Council discussed the request by the Joint Transportation Interim Committee to increase the Committee’s budget by $17,000, which was approved by the Council by postcard ballot. Representative Tempest explained that part of the amount requested was to allow both committee chairmen to attend monthly Homeland Security Council meetings and suggested that it might be sufficient if only the Co-Chairman residing in Cheyenne attend on behalf of the Committee. The Council directed that a letter be sent to the Committee chairmen voicing Management Council’s concerns about travel costs.
Mr. Pauli explained that W.S. 28-1-117 requires the Legislature to identify new programs created by legislation and requires Management Council to assign a legislative committee the task of developing legislation to delete a like number of programs. Mr. Pauli noted that the Joint Appropriations Committee identified four new programs created by 2002 legislation, and the Governor did not object to this list. Representative Luthi moved to assign the responsibility for the review to the Joint Appropriations Committee. The motion passed.
The Council discussed the proposed amendments to the Wyoming Constitution that will be on the ballot for the 2002 general election. The Council agreed that it is not appropriate for the Council itself to formally promote the amendments, but that individual legislators may wish to promote the passage of the amendments through letters to the editor and opinion pieces in the media.
Mr. Pauli and Ms. Madsen presented tentative plans for the new legislator orientation sessions. The Council set the first orientation for Tuesday, December 3, 2002 and Wednesday, December 4, 2002. The second orientation will be held on Saturday, January 11, 2002, and two additional brief sessions will be held toward the end of the 2003 General Session. The Council also discussed the assignment of legislative faculty members to teach the sessions at the school. The Council elected to assign six legislators consisting of the presiding officer, majority floor leader and minority floor leader, or their designees, from each house to serve as legislative faculty. These members will receive salary, per diem and mileage for attending. The council discussed reimbursement for new members to attend the school and Senator Kunz moved to approve mileage and three days per diem for the December sessions. The motion passed. Senator Kunz then moved to provide mileage and three days per diem for the January session, as well. The motion passed.
Ms. Madsen presented information to the Council about developing a unique logo for the Wyoming Legislature to promote and enhance the image of the legislative institution. Ms. Madsen explained that the cost of developing a logo would depend on the number of stakeholders involved in the process and that it may be possible to complete the design in time to print stationery for the 57th Wyoming Legislature in December. Ms. Madsen also noted that logo design could be the beginning of a longer-term process to develop a communication plan for the Wyoming Legislature to promote the legislative institution. Representative Luthi moved that the Council immediately begin work to develop a logo for the Wyoming Legislature. The motion passed. Chairman Coe appointed Senators Kunz and Cathcart to work with LSO to develop design alternatives for Council review. A budget of $5,700 was approved for consultant services.
Ms. Madsen provided an update on the results of the pilot project of assigning UW students to standing committees during the 2002 Budget Session. Interns were not utilized to their full capacity during the session, partially because many legislators reported that they did not fully understand the program or who could assign research to committee interns. The Council directed that a letter be sent to all legislators explaining the purpose of the Committee intern program and stressing that all legislators can use the interns for committee research. Distribution of a letter from the University of Wyoming promoting the program was also approved.
Mr. Pauli presented a proposal from the House and Senate chief clerks to increase session staff compensation by $5 per day to adjust salaries for inflationary increases. This adjustment would cost a total of approximately $35,000 for the biennium. Representative Sadler moved that the increase be granted to the session staff and the motion passed. Representative Boswell noted that he will not be using a secretary in the House Minority Floor Leader’s office this session, but urged that the position remain available for use by future minority leaders.
The Council considered a proposal to adopt a policy similar to the federal Family and Medical Leave Act (FMLA) for LSO employees. Mr. Pauli explained that the FMLA generally does not apply to state government employees, but the Wyoming executive branch has elected to follow the provisions of the federal law for state executive branch employees. The policy would allow employees to take 12 weeks unpaid leave for extraordinary circumstances without losing their job. Representative Tempest moved for the adoption of the policy for LSO employees. The motion passed. (See policy at Appendix 4).
Mr. Pauli requested that the Council consider adopting a policy regarding anti-discrimination and sexual harassment. Mr. Pauli noted that in the past the Council has informally directed staff that the Legislature will generally follow the guidelines of the executive branch in this area but that the Council may now wish to adopt a formal policy. Following discussion, the Council adopted a policy for the Wyoming Legislature. (See policy at Appendix 5.) Representative Tempest recommended that new legislators receive training and information regarding the policy so that legislators are aware of what may constitute discrimination and sexual harassment. He also suggested that the policy be incorporated into the Legislative Handbook. Senator Kunz recommended that procedures outlined in the policy should be considered by the Rules Committee for possible adoption in the Joint Rules.
A letter was distributed from former State Senator Jim Applegate requesting that the Council consider whether the Wyoming State Capitol Historic Preservation Foundation should be continued and whether new Foundation board members could be recommended. The Council discussed the value of the Foundation and Representative Tempest moved that a letter be sent to Mr. Applegate notifying him of the Council’s desire to keep the Foundation intact, to urge the appointment of new members to the board as appropriate, and to express the Council’s appreciation for his efforts in establishing the Foundation and achieving non-profit status for the entity.
The Council also discussed the employee benefits study assigned to the Joint Appropriations Committee (JAC) and the increasing need to address employee benefit issues. It appears that the JAC has not yet embarked on consideration of this topic at its meetings. The Council noted that time is beginning to run short to complete interim work in advance of the 2003 Session. Representative Tempest moved to send a letter to the Committee urging them to take up this topic as soon as possible. The motion passed. Representative Tempest stressed that it is important for the JAC to review all employee benefits, even though health insurance coverage is a high-profile topic. He noted that employees and legislators need to understand what comprises the total benefit package.
There being no further business, Chairman Coe adjourned the meeting at 12:00pm. The Committee will meet again on Monday, December 2, 2002 in Cheyenne.
Respectfully submitted,
Senator April Brimmer Kunz, Secretary