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December 16, 2006
Room 302 Capitol
Senator Grant Larson, Chairman
Senator Jim Anderson
Senator John Hines
Senator Rae Lynn Job
Senator Mike Massie
Senator John Schiffer
Representative Roy Cohee
Representative Ross Diercks
Representative Tom Lockhart
Representative Wayne Reese
Representative Ann Robinson
Representative Colin Simpson
Representative Randall Luthi, Vice Chairman
Dan J. Pauli, Director
Mark Quiner, Assistant Director
Dave Gruver, Assistant Director
Wendy K. 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.
The Management Council held a half-day meeting in Cheyenne to consider issues related to administrative rule reviews, school capital construction, sponsorship of the revisor’s bill, Select Committee on Legislative Facilities issues and supplemental budget requests, information about new legislator orientation, policies related to the intern and aide program, use of the state plane by legislators, evaluation of the Legislators Back to School program, and personnel issues.
Chairman Larson called the meeting to order at 9:05 a.m. The following sections summarize the Council proceedings by topic. Please refer to Appendix 2 to review the Council Meeting Agenda.
Minutes from the November 17, 2006 Council meeting were
approved with the following corrections:
Representative Robinson was present at the meeting, which was held in
Mr. Dave Gruver summarized the Annual Report on Administrative Rules, prepared by the LSO Legal Services Division for the Council. This report describes the actions taken on administrative rules during the year by the Management Council. He noted that, at the request of Council, proposed rules now include strikes and underlines to show changes to existing rules. He also reminded the Council members of the action that the LSO has taken to work with agencies to explain procedural issues, including a seminar the LSO held in conjunction with the Attorney General’s Office.
Mr. Gruver also provided two sets of rules for the Council’s consideration. He explained that these rules were unfortunately not provided to Council by the LSO staff within the statutory timeframe, but, if approved by Council, the Governor will be able to act on the rules next week and the agencies will still be able to file the rules with the Secretary of State within the statutory deadline. Mr. Gruver explained that the staff recommendation is for Council to approve both sets of rules. He summarized the first rule, in which the Board of Dental Examiners developed rules to adopt the 2005 Professional Code of Conduct from the American Dental Association. In the second rule, the Board of Podiatry modified disciplinary actions to be in compliance with the requirements of the American Podiatry Association and increase their fees. Representative Simpson moved to approve the two rules. The motion carried.
Mr. Mike O’Donnell of the Wyoming Attorney General’s Office, School Finance Litigation section, and Mr. Dave Nelson of LSO updated the Council regarding school capital construction facilities issues. Mr. O’Donnell explained that the School Facilities Commission has embarked on a new process to assess building conditions using a building index that is used across the country. Mr. O’Donnell provided a district summary of building needs based on building condition (see Appendix 3) and provided a budget footnote that was approved by the JAC relating to the School Facilities Commission projects (see Appendix 4). The Council discussed issues related to the provision of roads and utilities for school properties. Mr. Nelson explained that all of these issues will be considered by the Joint Education Committee, but that they wanted to provide an update to keep the Council abreast of these activities.
Mr. Gruver presented the revisor’s bill for the 2007 General
Session, which is sponsored each year by the Management Council to correct inadvertent
errors in the statutes from previous legislative sessions. Representative
Simpson moved the Council sponsor the bill as a House Bill. The motion
passed with a roll call vote of 11 ayes (Larson, Anderson, Hines, Massie,
Schiffer, Cohee, Diercks, Lockhart, Reese, Robinson, Simpson) and two
absent. (See Appendix 5, 07LSO-0303.W2, and Appendix 6.)
Representative Illoway and Senator Mockler, co-chairmen of the Select Committee on Legislative Facilities summarized Committee accomplishments during the interim and provided an explanation of the Committee’s supplemental budget request and other outstanding issues for Management Council’s consideration, which are noted below.
Representative Illoway and Senator Mockler explained the Select Committee’s supplemental budget request for Management Council’s consideration for possible inclusion in the supplemental budget bill during the 2007 General Session (see Appendix 7.) The chairmen summarized the requests, which include funding for furnishings in the Senate, the LSO, Room 302, committee rooms and leadership offices; funds for recarpeting in Room 302 and the LSO; funding for a security system; new sound systems in the Senate, House, and Room 302; artwork donation program administration; ongoing architectural and interior design consulting, funding to remodel the Senate break room, and funding to renovate the lighting and skylights in the Chambers. Senator Mockler explained that the goal of the Committee is to ensure that all legislative furnishings purchased in the future, and all remodeling projects in the building, are consistent in terms of style and color. The chairmen noted that the supplemental request totals approximately $1.7 million, with $1.2 million projected for the skylight and lighting renovation project in the Chambers.
The Council discussed whether the projects that the Select Committee wished to undertake should be postponed until after the Capitol is renovated. Senator Mockler explained that the furnishings could be moved back into a newly renovated Capitol, that the skylight renovation and sound system upgrades can occur before other renovation projects in the building and would be undertaken as part of a renovation anyway. She noted that renovation of the building will not begin for a minimum of five years, so projects such as recarpeting will have a useful life and may be able to be salvaged as part of the larger renovation. Senator Schiffer moved that the Council request that JAC add the Select Committee’s supplemental budget request of approximately $1.7 million to the Legislature’s budget in the supplemental budget. The motion carried.
Representative Illoway explained the legislative space study that the Select Committee is currently undertaking in conjunction with the Department of Administration and Information Construction Management Division, using remaining funds from the Joint Legislative-Executive Task Force on Capitol Facilities. He explained that Construction Management has contracted with firm Carter Goble Lee and noted that the first phase of the study cost approximately $40,000 and another $101,000 is necessary to complete the space study for all occupants of the Capitol. The purpose of the first phase of the study is to project how much space the legislative branch of government will need in the next 25 years. They recommended that the Council support a budget footnote to Construction Management’s supplemental budget for $101,000 to complete the study, which will allow Construction Management to begin to make long-term decisions about use of the Capitol and the new office building that will be constructed on the St. Mary’s property, just east of the Capitol.
Senator Mockler also provided some background information to the Council from Construction Management (see Appendix 8) regarding long-term planning for the Capitol Complex. She explained that Construction Management has stated that they will be able to acquire the St. Mary’s property in approximately two years at which time Construction Management has projected a two-year construction timeline to construct a new office building on the site. The Division anticipates using that space to house Capitol occupants for another two years while the Capitol is renovated. Senator Mockler and Representative Illoway noted that this plan was contingent on setting aside adequate funds for construction of a new office building on the St. Mary’s property and funds for renovation of the Capitol. They suggested that the Legislature consider establishing a sinking fund for Capitol Complex projects.
Senator Schiffer moved that the Management Council request that JAC add $101,000 as a budget footnote to the Department of Administration and Information’s Construction Management Division supplemental budget to complete the master space plan. The motion carried.
Senator Mockler explained that the sconces that were originally in the House Chamber were moved to the Governor’s residence when the House Chamber was expanded. The Select Committee voted to request that Management Council send a letter to the Governor to determine the possibility of reinstalling these fixtures in the House Chamber in the future. The Council had no objection to sending a letter of inquiry to the Governor. Senator Larson requested that the letter be dated after the beginning of the year and should be signed by the new Management Council chairman.
Senator Mockler explained that the Select Committee has been
working for the past few years with the
Representative Illoway noted that the Select Committee has continued to work with the Wyoming Highway Patrol on building security issues. The Committee requests that Management Council authorize a fire drill to be held during the 2007 General Session, in coordination with the Wyoming Highway Patrol. Senator Mockler noted that the Committee has worked with Homeland Security, the State Fire Marshal’s Office, the Wyoming Highway Patrol, and the Department of Administration and Information to develop evacuation procedures and crisis response guidelines for the legislative branch. The Council had no objection to the drill and Senator Larson requested that the Committee work with the presiding officers on timing of the event.
In discussions with the Highway Patrol on building security issues, Representative Illoway explained that the Patrol raised concerns with the Select Committee regarding public access to the Capitol. The Patrol would like public traffic to enter through the first floor of the Capitol, rather than through basement doors and is exploring options to require that the basement doors be accessed only be occupants with access cards. The Patrol will address this issue with the State Building Commission, but wanted to first determine if the legislative branch would have any concerns about such an approach. The Council members discussed the need to ensure unencumbered handicap access into the building and access to the Herschler Tunnel by the public. The Council approved that a letter be sent to the State Building Commission noting that it did not have an objection to the Patrol exploring the possibility of securing additional doors in the building. Senator Larson requested that the letter be dated in 2007 under the signature of the incoming chairman of Management Council.
Representative Illoway requested that Management Council consider authorizing additional funding for expanded use of the state plane by individual legislators. Mr. Pauli explained that currently committees can use a portion of their budget to use the state plane to fly members to a committee meeting and that is often a cost-effective use of committee funds, and that there are some limited funds that the presiding officers can authorize for various purposes, but there is no funding within the legislative budget that exists specifically to pay for other travel on the state plane by legislators. Representative Illoway suggested that a $50,000 appropriation be considered by the Council.
Mr. Pauli cautioned that if funds were appropriated, a policy would need to be implemented to govern when an individual legislator would be authorized to use the state plane and that the request would need to be deemed for public purposes. Council members also raised concerns that the policy would need to make clear that the appropriation could not be used exclusively by a limited number of individual legislators, especially since access to the planes is easier for members in the southeastern portion of the state. Representative Cohee moved to request that $50,000 be added by the JAC to the legislative budget in the supplemental budget bill and that LSO staff provide a draft policy for the Council’s consideration on acceptable use of the funds by committee members or individual legislators. The motion carried.
Ms. Madsen provided an update on the sessions that will be offered from January 4-6, 2007 for new members of the Legislature and training that will be provided to all legislators on January 8, 2007. New legislators will receive per diem and mileage for attendance at the training sessions on January 4-6, 2007 and all members will be eligible for per diem and mileage for attending training sessions on Monday, January 8, 2007.
Ms. Madsen asked the Council to consider compensation for members of legislative faculty who will be presenting at the training sessions in January. Mr. Pauli raised the issue in the Constitution that terms for legislators end on December 31, 2006 and terms for new members begin on January 1, 2007, but that members will not be sworn in until session starts. He advised that per diem and mileage could be paid to members, but that salary could not be paid until members were sworn in. He noted that mid-term senators could be paid salary. Mr. Pauli noted that the LSO enters into a contract with new members in exchange for attending training, which allows LSO to compensate incoming members. He noted that returning members who attend training on January 8, 2007 will also sign a similar document. Senator Schiffer moved to pay per diem and mileage to all legislators who attend training sessions and to contract with members of the legislative faculty to compensate them for their time in providing the training sessions and that it is in the public interest to provide the training. The motion carried.
Ms. Madsen explained that the National Conference of State
Legislatures has invited
Mr. Pauli explained that as part of their contract to
publish the Wyoming Statues, Lexis Nexis has provided the Wyoming Legislature
with a CD of Wyoming primary law. Mr.
Pauli will write a letter to all legislators to determine which members would
like a copy of the CD. In addition,
Lexis Nexis has provided the Legislature with 20 licenses to access their
online subscription services, which
Ms. Madsen explained that some minor revisions are needed to clarify the new policy that the Management Council adopted at its November 2006 meeting, related to administration of the legislative aide and intern program (see Appendix 10.) The revisions clarify that relatives of legislators participating in the high school internship program will not be assigned to that legislator and that the guest badging program does not apply to daily visitors who may be invited by members of the Senate to sit on the benches on the floor of the Senate Chamber. The Council raised no objections to the modifications to the policy and requested that Ms. Madsen proceed with distribution of the policy.
The Council resolved
itself into executive session for discussion of personnel matters. Following
the executive session, the Council approved the recommendations of the LSO
compensation subcommittee in open session relating to staff promotions and
compensation adjustments.
Senator Larson moved that Representative Cohee serve as the acting chairman of Management Council until the organizational meeting of the Fifty-Ninth Management Council in 2007. The motion carried.
There being no further business, Chairman Larson adjourned the meeting at 12:20 p.m.
Respectfully submitted,
Senator Rae Lynn Job, Secretary