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September 13, 2004
Room 302 Capitol Building
Cheyenne, Wyoming
Representative Randall Luthi, Cochairman
Senator John Hanes, Cochairman
Senators Jayne Mockler and Bob Peck
Representative Pete Illoway
Representative Wayne Reese
Dave Gruver, Assistant Director
Don Richards, Senior Research Analyst
Please refer to
Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.
Cochairman Luthi called the meeting to order at 9:10 a.m. Please refer to Appendix 2 to review the Committee Meeting Agenda. Senator Mockler moved approval of the minutes from the last meeting with one change, on page 3, last paragraph "approving" should be "reviewing". As amended the minutes were approved.
Office of state lands and investments
LSO staff explained draft bills 05LSO105.W3 and 05LSO106.W3. (Appendices 3 and 4). Draft 105.W3, provides for the appointment of the director of the office of state lands and investments by the board of land commissioners rather than the Governor. The state forester would be appointed by the director of the office rather than the board of land commissioners. Draft 106.W3 would allow the Governor to continue to appoint the director, but would require a formal nomination to the board. The governor would still be the person in charge of removing the director under that draft. The draft also would provide for a formal vote of no confidence in the director and other head staff serving the boards on which all five state elected officials sit.
State Auditor Maxfield addressed the Committee. He stated that the draft providing for a vote of no confidence should not replace the ability of the board of land commissioners to appoint the director of the office of state lands and investments. The Auditor noted that the vote of no confidence should be for the day to day operation of the office and not for the initial appointment. He supported moving forward with draft 105.W3 with the inclusion of a vote of no confidence provision for subsequent actions. Senator Hanes questioned that if 105.W3 were adopted would there be a need for a vote of no confidence in that bill. Auditor Maxfield responded there would not in his opinion.
Chris Boswell, the Governor's Chief of Staff, expressed the Governor's concern with the provision for firing the director of the office of state lands and investments by a simple majority of the board. The Governor was of the view that the current situation is workable and should not be changed. As to draft 106.W3, Mr. Boswell noted that there already is an opportunity for a vote of no confidence. Overall, the Governor believed that the correct personnel is in place to move the office of state lands and investments and state capital construction forward and that the situation should be allowed to develop without statutory changes or only a minor statutory change to be considered when the state capital construction bill is considered by the select committee on capital financing and investments.
The Committee discussed each bill draft and the proposed procedure for formal nominations of proposed directors to the board of land commissioners.
On-line government
LSO staff explained draft 107.W1 (appendix 5). The bill would eliminate the state on-line government commission and move its duties to the state chief information officer. The bill establishes the position of the chief information officer in statute.
Barbara Stafford, department of education, addressed the Committee and noted concerns with the state's chief information officer's authority. State Auditor Maxfield echoed those remarks and noted that his office has undertaken substantial investments in computer systems and would not like those investments nullified by expanded duties of the chief information officer. Both supported removing the on-line government commission. LSO staff explained that the chief information officer had been given duties under prior budget bills and this bill draft only increases those duties by the assumption of the on-line government commission duties.
State elected officials-procurement
LSO staff addressed draft 108.W1 (appendix 6). That draft would remove purchases by the offices of the state elected officials from oversight and approval authority of the governor and the department of administration and control. The purchases would be subject to the normal competitive bid process but the elected officials, rather than the governor or the department of administration and information would determine when exceptions to those requirements would apply. Approval authority of the attorney general is not affected by the draft before the Committee.
State Auditor Maxfield suggested modifying and moving the new language on page 2-lines 7 and 8 to page 2-line 11. The Committee discussed the effect of that suggestion would be to remove approval authority of the attorney general for certain contracts.
State elected officials service on boards and commissions
LSO staff explained draft 05LSO109.W1 (appendix 7). The draft would allow elected officials to send designees to boards and commissions upon which the elected officials sit, except for those which are created by the Constitution or upon which only state elected officials sit.
Mr. Boswell expressed concerns that the bill should not limit the Governor's ability to send the state planning coordinator as his designee to various boards and commissions. LSO staff addressed the issue and noted that current law is more restrictive regarding the use of the state planning coordinator as the governor's designee for boards and commissions. This draft continues with provisions authorizing the Governor to attend boards and commissions upon which he does not sit; the state planning coordinator would be limited as provided in current law when acting as the Governor's representative for purposes of W.S. 9-1-215 only, but the Governor could send the State Planning Coordinator or any other designee to act as a personal representative for any other board or commission (other than those created by the Constitution or comprised solely of state elected officials) without the limitations in the current law.
Cochairman Hanes moved that 05LSO105.W3 be forwarded to the Management Council as a Committee recommendation. Senator Peck seconded. The Committee discussed the motion. The motion passed 3-1 with Senator Mockler voting "no".
Senator Mockler moved that 106.W3 be forwarded to the Management Council as a Committee recommendation. Senator Peck seconded. Senator Mockler moved an amendment to page 3-line 2 to delete "before the board of land commissioners" and insert "and presented to the board of land commissioners for review and comment.". Page 3-line 3 delete "and appointed by the governor" and insert "After public nomination of the director to the board the governor shall appoint the director". The motion passed. Senator Mockler moved the same amendment to page 8-lines 10 through 12. The motion passed. Senator Mockler moved on page 9-lines 6 through 8 to delete the new language. The motion passed. The main motion failed on a 2-2 vote with Senators Mockler and Peck voting "aye".
Senator Mockler moved that 107.W1 be forwarded to the Management Council as a Committee recommendation. Cochairman Hanes seconded. Cochairman Hanes stated that the report should note that by removing this duty from the elected officials, the Committee is not in any manner attempting to reduce the importance of electronic business with the government, but is seeking only to make the government more efficient. Senator Peck moved page 1-line 2 to insert "abolishing" for "eliminating". The motion passed. The main motion passed 4-0.
Senator Mockler moved that 108.W1 be forwarded to the Management Council as a Committee recommendation. Senator Peck seconded. The motion passed 4-0 without amendment.
Senator Mockler moved that 109.W1 be forwarded to the Management Council as a Committee recommendation. Senator Peck seconded. Senator Mockler suggested that if the bill were moved forward, the August 27 memo from LSO staff should be attached with an additional column as to which boards designees could be sent under the draft bill. Senator Mockler moved on page 2-line 6, delete "created" insert "to which the state elected official is appointed"; after "or" insert "which is". The motion passed. The Committee sought input from the State Superintendent's representative as to whether he should be able to send a designee to UW board meetings and asked that the response be provided at a later date. The main motion passed 4-0.
The Committee reviewed the draft report. (Appendix 8) LSO staff summarized the report by sections. The following changes were all approved by the Committee. Cochairman Luthi moved on page 1, delete "wishes to thank" and insert "thanks". Senator Mockler moved on page 2, to retain the discussion on draft 106.W3 and acknowledge that the Committee considered the draft but did not vote to forward it as a recommendation. The revised draft of 106 should be included as an appendix to the report. On page 3, before the discussion of topic 3, Senator Mockler moved that a sentence be added indicating that the Committee recommends Management Council assign to the appropriate committee a review of the chief information officer's duties. Cochairmen Hanes earlier suggestion regarding the importance of electronic business by state government should also be included.
Senator Peck suggested that the topic of study of the duties of the state board of education, the school facilities commission and the state superintendent could perhaps be assigned to the Management Audit Committee for a Management Audit review. The Committee discussed the appropriateness of a program audit for the issue suggested. Barbara Rogers of LSO staff explained the process for selecting topics for Management Audit study. The Committee discussed the appropriateness of assigning the issue to LSO research staff rather than program evaluation. The Committee concluded by adding on page 5 of the report, under topic 3, a sentence to the effect "The Committee recognized there are possible conflicts in the statutory duties of the three entities and that the issue should be researched by LSO research staff as time permits and that the results of that research should be forwarded along with this recommendation to the Management Council."
Cochairmen Luthi and Hanes agreed they could review the report after it has been amended and approve the redrafted report. The Committee agreed with that suggestion. The final report, subject to the Cochairmen's review, was adopted by a 4-0 vote. The meeting adjourned at noon.
There being no further business, Cochairman Luthi adjourned the meeting at noon.
Respectfully submitted,
Randall Luthi, Cochairman