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December 8, 2004
Room 302, State Capitol
Cheyenne, Wyoming
Representative Fred Parady, Chairman
Senator Keith Goodenough
Senator Grant Larson
Senator Jayne Mockler
Representative Randall Luthi
Representative Wayne Reese
Representative Ann Robinson
Senator April Brimmer Kunz, Vice Chairman
Senator Irene Devin
Senator Rae Lynn Job
Senator John Schiffer
Representative Rodney “Pete” Anderson
Representative Tom Lockhart
Dan J. Pauli, Director
Mark Quiner, Assistant Director
Dave Gruver, Assistant Director
Dave Nelson, School Finance Manager
Wendy Madsen, Legislative Information Officer
Please refer to
Appendix 1 to review the Council Sign-in Sheet
for a list of other individuals who attended the meeting.
Chairman Parady called the meeting to order at 9:55am. The following sections summarize the Council proceedings by topic. Please refer to Appendix 2 to review the Council Meeting Agenda.
Minutes from the November 19, 2004 Council meeting were approved without any changes (See Appendix 3).
The Council discussed rules that the Department of State Parks and Cultural Resources promulgated to create procedures and site criteria for acquiring or accepting title to any land for an outdoor recreation area or facility (see Appendix 4). Mr. Dave Gruver explained that the LSO objected to the rules, as written, because they included a provision for a member of the Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee to serve on an evaluation team. Mr. Gruver advised that the inclusion of this member presents a separation of powers issue, because no branch of state government shall exercise powers properly belonging to another and a member of the Legislature voting on site criteria would violate that provision. He noted that members of the Legislature could provide informal advice on such matters, but should not be voting members. Senator Mockler moved that the Council adopt the staff recommendation objecting to this provision of the rules. The motion carried unanimously.
Mr. Gruver noted that LSO did not object to these rules, but that Management Council requested they be considered at this meeting. Chairman Parady explained that he requested the rules be brought to the Council’s attention due to the importance and volume of the proposed rules (See Appendix 5). Mr. Dave Nelson and Ms. Mary Kay Hill explained the provisions of the rules to the Council. Senator Larson moved to recommend the Council approve the rules as submitted. The motion passed unanimously.
Senator Mockler requested that copies of promulgated rules that are significant be provided to committee chairmen for applicable committees. Chairman Parady asked LSO staff to note this recommendation and forward a courtesy copy of significant rule reviews to committee chairmen.
Mr. Quiner briefly explained the Revisor’s Bill, which is sponsored each year by the Management Council to correct inadvertent errors in the statutes from previous legislative sessions. Representative Robinson moved the Council sponsor the bill as a House Bill. The motion passed with a roll call vote of seven ayes (Parady, Goodenough, Mockler, Larson, Luthi, Reese, Robinson) and six absent. (See Appendix 6, 05LSO-0381.W2, and Appendix 7.)
Chairman Parady noted that Senator Schiffer and Representative Lockhart have had discussions with the University about this issue and he suggested that decisions on the matter be deferred and left for the consideration of the new Management Council, which will be formed at the beginning of the legislative session.
Ms. Wendy Madsen provided members of the Council with the final agenda for the December sessions of the New Legislator Orientation, which will be held December 9 through 11, 2004. The Council took no further action. (See Appendix 8).
Ms. Madsen provided the Council with an agenda for training opportunities for all legislators, which is scheduled for January 10, 2005. She also provided the Council with a draft letter for their consideration to send to all legislators encouraging them to attend the training sessions. Senator Larson moved to send the letter and training schedule to all legislators. The motion carried. (See Appendix 9).
Chairman Parady noted that a package of bills have been forwarded to the Council for their consideration from the Select Committee on Elected Officials Administrative Issues. (See Appendix 10). He noted that this package of legislation will be forwarded to the incoming Council for consideration when the 2005 session convenes.
Representative Luthi summarized the work of the Select Committee on Elected Officials Administrative Issues during the interim and thanked the elected officials and staff for their assistance. Mr. Gruver explained the package of bills to the Council. State Treasurer, Cynthia Lummis; Office of State Lands Director, Lynn Boomgarden; Governor Freudenthal’s Chief of Staff, Chris Boswell; and Superintendent Blankenship’s Chief of Staff, Lisa Skiles Parady, all addressed the Council and expressed their opinions on the proposed bills. Representative Luthi noted that the charge of the Select Committee was to forward legislation to Management Council for its consideration. Chairman Parady thanked all of the individuals who testified on the legislation and noted that the bills will be forwarded to the Management Council of the 58th Legislature.
The Council resolved itself into executive session for discussion of personnel matters. Following the executive session, the Council in open session approved the recommendations of the LSO compensation subcommittee relating to staff promotions and compensation adjustments.
The Council agreed to refer further discussion of the mineral tax incentive econometric model to the new Council that will be appointed for the 58th Legislature.
Senator Mockler explained options for purchasing a sound system for Room 302 that is currently being tested during meetings in Room 302. Senator Mockler noted that LSO was appropriated funding in the 2004 Budget Session to purchase a sound system for Room 302. The Council reviewed a bid for the purchase of a portable system from Muzak that included capabilities for two wireless microphones and two cabled microphones (see Appendix 11). Mr. Pauli requested direction from the Council on how to proceed with the purchase of a sound system. The Council directed the LSO to purchase a system that would allow four wireless microphones and four cabled microphones for Room 302, preferably through one integrated system, or alternatively through the purchase of two portable systems if an integrated system is not available with that number of wireless microphones. The Council members requested the purchase be made immediately, so the system will be available for the upcoming legislative session.
Senator Mockler updated the Council on the status of the re-gilding project for the legislative composites and noted that some of the composites will not be in the Capitol during the session while they are undergoing restoration and for safekeeping. She noted that decisions need to be made about long-term display of these composite photographs to protect the frames. She also explained that the remainder of the committee room photographs and the photograph collage outside of Room 302 are currently being completed by the State Museum.
Senator Mockler noted that the question has arisen over whether or not individuals may donate pieces of artwork to the Capitol in memory of former legislators. She suggested that Council may wish to allow such donations, with the approval of a jury to review and approve proposed donations. Chairman Parady directed staff to develop a proposed policy for Council’s review at a future meeting.
Senator Mockler explained that the Select Committee on Legislative Facilities has recommended that Management Council approve a fire drill in the Capitol during the upcoming legislative session. She recommended that the drill be planned with other agencies in the Capitol and that the Cheyenne Fire Department attend, if available. She recommended that a letter be sent to all legislators explaining where building exits are located and evacuation procedures. The Council directed Senator Mockler to proceed with planning a fire drill during the 2005 General Session.
There being no further business, Chairman Parady adjourned the meeting at 12:10pm.
Respectfully submitted,
Representative Randall Luthi, Secretary