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September 12, 2008
Room B-63, Herschler Building
Cheyenne, Wyoming
Senator John Schiffer, Chairman
Representative Roy Cohee, Vice Chairman
Senator John Hastert
Senator John Hines
Senator Tony Ross
Senator Kathryn Sessions
Representative Rosie Berger (by telephone)
Representative Pete Illoway
Representative Marty Martin
Representative Lori Millin
Representative Monte Olsen
Barbara
Rogers, Program Evaluation Manager; Kelley Pelissier, Senior Program Evaluator;
Lisa Jeremiah, Jim Reuss, Karla Smith, and Michael Swank,
Program Evaluators
Please refer to Appendix 1 to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting.
The Management Audit Committee met to consider a new report entitled Wyoming Child Protective Services and to discuss the report with officials from the Department of Family Services. The Committee voted to release the report to the public. The Committee also received follow-up information on two reports released in July 2006: Drug Courts and Market Pay. Officials from the Department of Health and the Department of Administration and Information provided current information on these topics and responded to members’ questions. Committee members approved two new topics for study: the Office of Healthcare Licensing and Survey, and the Crime Victims Compensation Account. The Committee plans to meet on December 15 to consider a report on the Department of Fire Prevention and Electrical Safety.
All meeting materials and handouts provided to the Committee by the Legislative Service Office (LSO) and public officials 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 Schiffer called the meeting to order at 9:00 a.m. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.
NCSL Award
Chairman Schiffer congratulated the Program Evaluation Section for receiving an Impact Award from the National Legislative Program Evaluation Society of the National Conference of State Legislatures.
Minutes
Representative Cohee moved approval of the minutes of the November 12, 2007 meeting. Representative Martin seconded and the motion carried. Representative Illoway moved approval of the minutes of the May 27, 2008 meeting. Senator Sessions seconded and the motion carried.
Peer Review
Chairman Schiffer asked Ms. Rogers to brief the Committee about what a peer review is and why it would be important for the program evaluation function. Ms. Rogers explained that peer review is an external evaluation of operations, performed by volunteers from other states who have expertise in the discipline. A team of reviewers assesses and reports on an organization’s quality control system to assure conformance with professional standards. She said a review by qualified peers is necessary because program evaluations speak with authority on behalf of the Legislature. Not only is it good business practice to learn what can improve, but peer review is required by U.S. Government Accountability Office (GAO) Standards, known as the Yellow Book. She pointed out that W.S. 28-8-107(e) requires LSO’s program evaluation function to adhere to “generally accepted governmental auditing standards as promulgated by the Comptroller General of the United States … to the extent practicable….” GAO standards require regular peer reviews.
Committee members had questions about the makeup of the peer review team, its cost, and the duration of the review. Ms. Rogers said she would obtain further information from the National Conference of State Legislatures (NCSL) regarding those questions, but her understanding is that Wyoming would have some say as to the members of the review team, and the cost and duration of the review should be minimal. She believes the review could take place in 2009 and noted that once LSO has completed a peer review, LSO evaluators might be asked to participate in a review of another state (at that state’s expense). Following discussion and with no objection, the Committee agreed that this would be a beneficial process. Chairman Schiffer directed Ms. Rogers to contact NCSL to investigate the details of a peer review and its costs, and to work with the Director of LSO to identify possible funding. Ms. Rogers stated that she would provide an update at the Committee’s next meeting.
Wyoming Child Protective Services
Per W.S. 28-8-107(c), Chairman Schiffer resolved the Committee into Executive Session for consideration of a staff presentation on the draft report, Wyoming Child Protective Services. The Committee also discussed the report’s findings and recommendation with officials from the Department of Family Services.
Chairman Schiffer opened the meeting. Representative Illoway moved and Representative Martin seconded the motion to release Wyoming Child Protective Services at noon on Tuesday, September 16, 2008. The motion carried unanimously.
Drug Courts Follow-up
Rodger McDaniel, Deputy Director of the Department of Health’s Division of Mental Health and Substance Abuse Services, introduced Korin Schmidt, Administrator for Policy and Planning. She provided an update on progress the Division has made since the Drug Courts report was released in 2006. First, she noted that the Department integrated two Divisions, Mental Health and Substance Abuse, into one. The Division has focused on accountability by conducting site visits to drug courts, instituting a reimbursement system for funding, and requiring consistent data from local drug courts. Regarding the report’s recommendation to define performance and outcome measures, she said the Division has adopted the four national outcome measures for drug courts; it also follows the national 10 Key Components for adult drug courts and 16 Strategies for juvenile drug courts. The report recommended that the Legislature delay a decision to alter the grant funding process, and Ms. Schmidt stated there have been no changes to the funding. The Division anticipates having firm data to submit with its ’10/’11 budget request.
The report’s third recommendation was that the Legislature appoint a Steering Committee to review and make recommendations on an administrative structure for drug courts. The Legislature created a Steering Committee and appointed members in 2007. The Steering Committee issued a preliminary report that year, and recently issued a report for 2008 recommending that the Supreme Court promulgate procedural rules for drug courts. Senator Schiffer stated that an earlier attempt to fashion rules had failed, and asked what might have changed that would make the current effort successful? Mr. McDaniel responded that the earlier attempt may have been too broad, in that it covered both judicial and administrative aspects of drug court operations. He said the executive branch is revising its own rules for drug court administration, and that it is appropriate for the judicial branch to write rules of practice for drug courts. He and Judge Hartman will be meeting with Chief Justice Voight to explore this matter.
Mr. McDaniel went on to address whether further statutory changes regarding drug courts may be needed. Chief Justice Voight resigned his position on the Drug Court Panel in July 2007, indicating in his resignation letter that he believes “the presence of a judge on the Drug Court Panel” is a violation of the Constitutional “precept of the separation of powers.” By virtue of his membership on the Drug Court Panel, the Chief Justice was also a member of the Steering Committee. Since W.S. 5-10-103(b) makes the chairman of the Board of Judicial Policy and Administration a member of the Drug Court Panel, Mr. McDaniel suggested the Legislature may wish to amend statute accordingly. He went on to state that the Division, the Drug Court Panel, and the Steering Committee agree in recommending repeal of the funding cap of $200,000 per drug court, as set by W.S. 5-10-102(b). The Management Audit Committee took no action with regard to these recommendations.
Market Pay Follow-up
Mike McVay, Director, Department of Administration and Information, introduced Dean Faussett as the new Administrator of the Human Resources Division. Mr. McVay provided an update on progress the Division has made since the Market Pay report was released in 2006. He said A&I has improved the content of its annual report, a copy of which was submitted to the Committee, and issued a new compensation policy in April. He noted that the state has contracted with The Hay Group to redesign the entire compensation system and at present is mid-way through its work. Through this process, which has involved every executive branch employee, A&I is broadening its survey of market comparables; it also intends to eliminate the notion that an employee could move to a different agency, perform the same work, and be paid more. He added that changing agencies should, ideally, involve a promotion for an employee. He said A&I has worked hard on employee communication in this project.
Mr. McVay said he expects the new system to be implemented in July 2009, after which there may be need for statutory, rule, and policy changes. He added that once the basics of the new system are in place, other issues such as pay for performance may require legislative and gubernatorial attention. He noted that in the past, A&I has requested appropriations for market adjustments, and he envisions this practice will continue. Finally, he stated that under the new system, no employee will lose pay, but not all will receive increases.
Selection of New Topics
Chairman Schiffer led the Committee in a discussion of potential evaluation topics, including the Crime Victims Compensation Fund and the Department of Health’s Office of Healthcare Licensing and Surveys. Regarding the latter, members noted the increased costs and other impacts communities are experiencing due to delays in inspections and approvals for new construction and remodeling of healthcare facilities. Chairman Schiffer said the Legislature could create a select committee to study the problem, but he noted that the earliest it could issue recommendations would be in time for action during the 2010 legislative session. He said a program evaluation could be completed by the summer of 2009, and any recommendations it might make for legislative change also could be dealt with in the 2010 Session. Consequently, both approaches would be geared to later action, not the upcoming Session.
Chairman Schiffer called for further discussion, during which Senator Hastert asked if there would also be opportunity to review the Crime Victims Compensation Fund. Chairman Schiffer said yes, both studies could begin in 2008 and be completed in 2009. Representative Illoway moved, and Representative Millin seconded the motion, to undertake a study of the Office of Healthcare Licensing and Surveys rather than studying the Office of the Chief Information Officer. The motion carried unanimously. Senator Hastert moved that the Crime Victims Compensation Fund be the second topic and Representative Millin seconded the motion. The motion carried unanimously.
Next Meeting
Ms. Rogers noted that staff member Jim Reuss would not be present at the next meeting, as he is resigning effective September 30th. Chairman Schiffer spoke of the Committee’s regret at his departure and stated appreciation for his service and contributions.
Following discussion, Chairman Schiffer announced that the next meeting will be held in Cheyenne on December 15, 2008. At this meeting, the Committee will consider a draft report on Department of Fire Prevention and Electrical Safety, and a follow-up on the 2006 report, A&I HRD Role in State Hiring.
There being no further business, Chairman Schiffer thanked participants and adjourned the meeting at 3:30 p.m.
Respectfully submitted,
Senator John Schiffer, Chairman
Friday, September 12, 2008
Room B-63, Herschler Building
Cheyenne, Wyoming
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. The table below provides a summary of the materials provided to the Committee. These materials are on file at the LSO and are part of the official record of the meeting. Please contact the LSO at 307-777-7881 to review these documents.
Appendix |
Appendix Topic |
Appendix Description |
Appendix Provided By |
|
1 |
Attendance summary |
Lists meeting attendees other than legislators and staff |
Legislative Service Office |
|
2 |
Committee meeting agenda |
Provides a general outline of the topics the Committee planned to address at meeting |
Legislative Service Office |
|
3 |
Report to the Joint Judiciary Interim Committee on Drug Court Recommendations |
Report from the Drug Court Steering Committee, dated September 5, 2008 |
Department of Health |
Appendix 1
Department of Health
Rodger McDaniel, Deputy Director, Mental Health and Substance Abuse
Services Division
Korin Schmidt, Administrator for Policy and Planning
Enid White, Drug Court Coordinator
Eydie Trautwein, Intergovernmental Relations Coordinator
Judge Gary Hartman, Retired, Senior Adviser to the Governor on Juvenile
Justice
Department of Administration and Information
Mike McVay, Director
Dean Faussett, Administrator, Human Resources Division
Attorney General’s Office, Victim Services Division
Sean Brazzale, Deputy Director
Other attendees
Brian Foster, Game and Fish
Susan Pauling, WCADVSA
Appendix 2
AGENDA
Management Audit Committee
Friday, September 12, 2008
Room B-63, Herschler Building, Cheyenne
9:00 a.m.
OPEN SESSION
9:00 a.m. Call to order
Approval of minutes from November 12, 2007 meeting
Approval of minutes from May 27, 2008 meeting
(Times approximate)
EXECUTIVE SESSION [per W.S. 28-8-107(c)]
9:05 a.m. Staff presentation of draft report on Wyoming Child Protective
Services
Committee questions and discussion
10:45 a.m. Break
EXECUTIVE SESSION [per W.S. 28-8-107(c)]
11:00 a.m. Department of Family Services officials meet with Committee
Tony Lewis, Director
Rick Robb, Administrator, Protective Services Division
Chad Shaver, Project Analyst, Quality Assurance
Nicky Anderson, Assistant Deputy for Policy and Legislation
Committee questions
Agency officials depart
Committee discussion
OPEN SESSION
12:00 p.m. Committee votes on release of Child Protective Services report
Committee takes action related to release of report
Lunch Break
OPEN SESSION
1:30 p.m. Follow-up on Drug Courts report from July 2006
Officials from the Department of Health
Rodger McDaniel, Deputy Director
Korin Schmidt, Administrator for Policy and Planning
Enid White, Drug Court Coordinator
Judge Gary Hartman, Retired, Senior Adviser to the
Governor on Juvenile Justice
Committee questions and discussion
2:30 p.m. Follow-up on Market Pay report from July 2006
Officials from Department of Administration & Information
Mike McVay, Director
Dean Fausset, Administrator, Human Resources
Division
Committee questions and discussion
3:30 p.m. Other business
Committee work session
Discuss next topic
· Office of the Chief Information Officer topic (selected at the 5/27/08 meeting)
· Crime Victims Compensation Account (new scoping paper)
· Office of Health Facilities scoping paper (from June 2007)
Date and location of next meeting to consider:
Draft report on Fire Prevention and Electrical Safety
Follow-up on A&I HRD Role in State Hiring report
from December 2006
Presentation from Wyoming Retirement System on
staffing plan
ADJOURN