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Wyoming Legislature

Committee Meeting Summary of Proceedings

 

Management Audit Committee

 

December 15, 2006

Room 302 Capitol Building

Cheyenne, Wyoming

 

Meeting Attendance

 

Committee Members Present

Representative Randall Luthi, Chairman

Senator Grant Larson, Vice Chairman

 

Senator Kit Jennings

Senator John Schiffer

Senator Kathryn Sessions

 

Representative Roy Cohee

Representative Debbie Hammons

Representative Pete Illoway

Representative Marty Martin

 

Absent

Senator Ken Decaria

Senator John Hanes

 

Legislative Service Office

Dave Gruver, Assistant Director, Legal Services.  Barbara J. Rogers, Program Evaluation Manager; Kelley Pelissier, Senior Program Evaluator; Paula Gordinier, Program Evaluator; Michael Swank, Program Evaluator; Jim Reuss, Associate Program Evaluator; Karla Smith, Associate Program Evaluator. 

 

Others Present

Please refer to Appendix 1 to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting.

 

 

Written Meeting Materials and Handouts

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. 

 

Call To Order

Chairman Luthi called the meeting to order at 9:05 a.m.  The following sections summarize the Committee proceedings by topic.  Please refer to Appendix 1 to review the Committee Meeting Agenda.

 

Approval of Minutes

Representative Illoway moved to approve the minutes from the October 10, 2006 meeting.  Representative Martin seconded and the motion carried.

 

Executive Session

Per W.S. 28-8-107 (c), Chairman Luthi resolved the Committee into Executive Session for consideration of a staff presentation on the draft report, A&I HRD Role in State Hiring.  The Committee also discussed the report’s findings and recommendations with officials from the Department of Administration and Information. 

 

Open Session

Chairman Luthi opened the meeting.  Representative Illoway moved and Senator Jennings  seconded a motion to release the report A&I HRD Role in State Hiring at noon on Monday, December 18, 2006.  The motion carried unanimously.   Chairman Luthi asked if members wished to take action with regard to the report.  Members directed that in addition to the regular two-year follow-up, A&I be requested to provide information in one year (December 2007) on the progress made with regard to the report’s recommendations.  Ms. Rogers said she would advise the Department and the next Committee of this request.

 

Draft Legislation

07LSO-0067.C1  State Employee Compensation Commission.  Dave Gruver, Assistant Director for Legal Services, summarized the bill’s provisions.  Senator Schiffer questioned whether page 3, line 22 of the bill might pose a separation of powers issue.  Mr. Gruver responded that in his opinion it would not.  Senator Larson stated that giving the Commission the authority to enter into contracts and to appear before the Joint Appropriations Committee to  make recommendations, are key elements in enhancing the Commission’s authority.  Ms. Cindy Pomeroy, Director of the Department of Employment and vice chairman of the Compensation Commission, spoke in favor of the bill, stating that it would provide another voice for employees.

 

Representative Illoway moved and Representative Martin seconded the motion to approve the bill.  The motion carried unanimously.  Chairman Luthi directed that this be a House Bill.

 

07LSO-0127.C1  Drug Court Steering Committee.  Mr. Gruver summarized the provisions of this bill and responded to Committee questions.  Representative Illoway questioned whether the Legislature already has similar committees.  Senator Sessions stated that in her opinion, the Legislature neither has other committees with the responsibilities outlined in this bill nor a formal mechanism for oversight over the funding decisions of the Drug Court Panel.  Mr. Steve Gilmore, Administrator of the Substance Abuse Division, spoke in support of the bill, stating that many courts are ready to start up and this bill would help set the vision for that to happen.

 

Committee discussion followed, with Senator Schiffer suggesting that the steering committee be staffed by the Department of Health, not LSO.  He also suggested that the costs of participating might be difficult for some judges to absorb from their own individual court budgets, and that the committee’s work and final report need not be rushed.  Senator Sessions agreed, saying the Legislature should look at results from this steering committee after the first year and then consider extending the committee’s life. 

 

Two members of the Governor’s Advisory Board on Substance Abuse and Violent Crime spoke regarding the Board’s support for the bill.  Dr. Cary Heck stated that the bill acknowledges the collaborative nature of the drug court model, which crosses many  jurisdictional boundaries and is therefore a complex model to administer.  Dr. Burke Grandjean noted that the current funding mechanism, which is based on annual renewals of individual drug court grants, creates instability and uncertainty for the courts and their staff members.  Referencing a letter from Rodger McDaniel, chairman of the Board, he said the requirement for annual renewal of funding gets in the way of creating a long-term vision for drug courts.  Dr. Grandjean recommended a more routine funding mechanism for those drug courts where the data support a decision to fund.  Committee members agreed that they did not choose to reference additional funding in this bill and that making recommendations on this point would be part of the job of the steering committee.

 

Senator Jennings moved and Representative Martin seconded the motion to approve the bill.  Amendments to the bill that the Committee adopted include:

 

Page 2, line 16             Delete “chief”

Page 2, line 17             Delete “justice of the Supreme Court” insert “board of judicial policy and

                                    administration”

Page 2, line 18             Delete “chief justice” insert “board of judicial policy and administration”

Page 4, line 8               Delete “October” insert “August”

Page 4, line 9               After “2007” insert “and August 1, 2008”

Page 4, line 11             Delete “2007” insert “2008”

Page 4, line 19             Delete “their court” insert “the board of judicial policy and

                                    administration budget”

Page 5, line 2               Delete “legislative”

Page 5, line 3               Delete “service office” insert “department of health”

 

Representative Cohee stated that he had considered a motion to add a prosecuting attorney to the membership of the steering committee, but noted that there is representation from the Attorney General’s Office on the committee and that should suffice.  The question was called and the motion carried, with Representative Illoway voting no.  This will be a Senate File.

 

Other Business

Chairman Luthi led the Committee in a discussion of possible new topics, based on the four scoping papers staff had prepared:  The State’s construction bid process; The retirement system; Coal-bed methane excess water production; and OSHA and workplace fatalaties.  Ms. Rogers stated that the Committee had voted in July to undertake a study of  Kid Care CHIP and since staff can conduct two studies simultaneously, the Committee could choose a second topic.  

 

Representative Illoway stated that the retirement system is a huge fund on which there are a great many pressures.  He added that other aspects of state employment and employee benefits have been evaluated by this Committee and it would be logical to finish that process with a study of retirement.  After discussion of the alternatives, the Chairman called for a show of hands on the topic of the retirement system.  Based on the show of hands, the Chairman declared the retirement system would be the second topic for study. 

 

Regarding specific areas of Committee interest, Senator Larson said for years, it has been said that 30 percent of employees fall into the about-to-retire category.  He would like to know what the actual retirement rate has been as well as whether there is an impending crisis in this regard.  He indicated interest in knowing more about why people are choosing to retire when they do, and why some choose to stay in their jobs.  Senator Schiffer would like the report to look into the stability, sustainability, and solvency of the retirement fund, and other members suggested areas of interest.  Senator Larson noted that the purpose of the program evaluation function is to look at the effectiveness of a program or structure and recommend whether certain aspects need to be emphasized, de-emphasized, or changed, not to micro-manage responsibilities of the Retirement Board and the system. 

 

Organizational items.  Senator Larson stated that traditionally, the role of presiding officer of Management Council alternates with the chairmanship of the Management Audit Committee.  According to that rotation, he said, the next chairman of the Management Audit Committee would be a senator, and the 11th member of the Committee would be from the House.  He nominated Senator Schiffer as the interim Chairman, to serve in that capacity until members of the next Management Audit Committee are appointed and hold an organizational meeting.  Representative Luthi seconded and the motion carried.  Senator Larson nominated Representative Cohee as interim Vice Chairman; Representative Illoway seconded and the motion carried.

 

Chairman Luthi requested that Ms. Rogers give a summary of the Committee’s activities during its two-year tenure.  She said the Committee had met eight times at locations around the state, had approved seven reports for release, had considered three follow-ups, and had sponsored two pieces of legislation in the 2006 Session, both having to do with the State Board of Education and both of which were enacted. 

 

Meeting Adjournment

There being no further business, Chairman Luthi adjourned the meeting at 3:10 p.m. 

 

 

 

Respectfully submitted,

 

 

 

 

Representative Randall Luthi, Chairman

 


 


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