Draft Only

Approval Pending

of SUMMARY

P ROCEEDINGS MANAGEMENT COUNCIL

COUNCIL M EETING I NFORMATION September 27, 2016 Jonah Business Center, Room L54 Cheyenne,

COUNCIL M EM BERS PRESENT Senator , Vice Chairman Senator Eli Bebout Senator Floyd Esquibel Senator John Hastert Senator Senator Senator Michael Von Flatern Representative Rosie Berger Representative John Freeman (by phone) Representative Mike Greear Representative Tim Stubson Representative Mary Throne

COUNCIL MEMBERS NOT PRESENT Representative Kermit Brown, Chairman

LEGISLATIVE SERVICE OFFICE STAFF Matt Obrecht, Director Anthony Sara, Legislative Information Officer RoseMarie London, Administrative Specialist

OTHERS PRESENT AT M EETING Please refer to Appendix 1 to review the Council Sign-in Sheet(s) for a list of other individuals who attended the meeting.

The Council Meeting Summary of Proceedings (meeting minutes) is prepared by the Legislative Service Office (LSO) and is the official record of the proceedings of a legislative Council meeting. This document does not represent a transcript of the meeting; it is a digest of the meeting and provides a record of official actions taken by the Council. All meeting materials and handouts provided to the Council by the Legislative Service Office, public officials, lobbyists, and the public are on file at the Legislative Service Office and are part of the official record of the meeting. An index of these materials is provided at the end of this document and these materials are on file at the Legislative Service Office. For more information or to review meeting materials, please contact the Legislative Service Office at (307) 777-7881 or by e-mail at [email protected] The Summary of Proceedings for each legislative Council meeting can be found on the ’s website at www.wyoleg.gov. PAGE 2 OF 9

EXECUTIVE SUMMARY Management Council met September 27, 2016, to discuss quality management training, laptop purchase policy, legislative website redesign, implementation of budget cuts to the Legislative budget, session calendar approval, new legislator school agenda, session staff employment during the interim, approval of contracts, other administrative matters and personnel issues.

CALL TO ORDER Vice-Chairman Nicholas called the meeting to order at 9:08 a.m. The following sections summarize the Council’s proceedings by topic. Please refer to Appendix 2 to review the Council Meeting Agenda.

COMMITTEE REQUESTS LSO Director Matt Obrecht and Fiscal Officer Kathy Barrett described for Council the shortfall in funds budgeted to Management Council for the remainder of the 2016 interim. (Appendix 3). This shortfall is the result of an extra meeting day in March to consider interim topics and April, May and August meetings concerning Legislative budget reductions and LSO personnel issues. Ms. Barrett outlined potential funding options, including the use of anticipated reversions from other interim committee budgets. No formal action was taken.

Information Technology Manager, Jamie Schaub described a September 6, 2016 memo from former LSO director Dave Gruver addressing whether the Select Committee on Legislative Technology and Process, and other select committees created by Council, had the authority to sponsor legislation. (Appendix 4). Mr. Schaub explained the question arose at a June meeting of the Select Committee regarding a 2015 house bill concerning recording of legislative meetings and other governmental meetings. Mr. Obrecht informed Council that LSO had no record of Council explicitly providing select committees it had created with authority to sponsor legislation, but that at least one select committee created by Management Council, the Select Committee on Tribal Relations had sponsored legislation. Council could provide a select committee with the authority to sponsor legislation or Council could require any proposed bill drafted by a select committee to be considered and sponsored by a standing committee or a joint interim committee. In response to an inquiry about the distinction between select committees created by Management Council and those created by statute, Mr. Obrecht explained that select committees created by statue have generally been provided the explicit authority to sponsor legislation.

Council moved the Select Committee on Legislative Technology and Process forward proposed legislation to Management Council for consideration. The motion was seconded and carried.

Council directed staff to draft a letter to the chairmen of the Select Committee on Legislative Technology and Process as well as other select committees created by Management Council stating they are not authorized to sponsor legislation and must move legislation through Management Council for assignment to a standing committee.

Vice-Chairman Nicholas directed staff to prepare draft legislation for consideration at the next meeting, specifying that only joint interim committees, standing committees, or other committees provided explicit authority by law could draft legislation.

BUDGET STATUS Council authorized use of the state plane for legislative members of the Task Force on Department of Health Facilities visiting state healthcare facilities in Montana and Oregon. Council also considered the

MANAGEMENT COUNCIL Summary of Proceedings

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utilization of funds appropriated in 2016 Wyoming Session Laws, Ch. 97 Section 4 (h) for the purpose of funding salary, mileage and per diem to legislative members of the Task Force.

Council approved mileage and per diem for new members to attend committee meetings between the November caucuses and the beginning of the 2017 General Session. This reimbursement is only available for the attendance of committee meetings to which legislators have been assigned for the upcoming 2017- 2018 biennium. The motion was seconded and carried.

Council further moved to provide legislative members newly appointed to the Joint Appropriations Committee mileage, per diem and salary to attend budget hearings in December 2016. The motion was seconded and carried.

Mr. Obrecht provided Council background for draft legislation 17LSO-0145, Legislative appropriations and its proposed increases to Special Contingency. (Appendix 5). There was discussion of legislator attendance at the annual State Treasurer’s Conference and legislator participation in the Energy Council’s 2016 Global Energy and Environmental Issues Conference in Jackson in December.

Council moved to amend draft legislation 17LSO-0145 page seven, line 21 to reduce the appropriation of $42,000 from the general fund to LSO for payment of registration, mileage and per diem for legislators attending the State Treasurer’s investment conference in the 2016 or 2017 interim, to $21,000.00. The motion was seconded and carried.

Council further moved to amend draft legislation 17LSO-0145 page six, lines 28-30 from $25,000.00 to $46,000.00. The motion was seconded and carried.

Council moved to sponsor 17LSO-0145 as amended in the upcoming session. The motion was seconded and passed by roll call vote. Vice-Chairman Nicholas stated the bill will begin in the Senate.

SESSION ADMINISTRATIVE ITEMS 2017 General Session Calendar Legislative Information Officer Anthony Sara presented two proposed calendars for the 2017 General Session based on the 2015 General Session calendar that provided for Friday and Monday recess for the Presidents Day holiday. (Appendices 6 & 7). There was significant discussion about the cutoff date for bill introduction and the preferred schedule to discuss the budget bill within the traditional legislative process. Budget and Fiscal Administrator Don Richards provided relevant information on the Joint Appropriations Committee schedule.

Council moved to adopt a 37-day legislative schedule for the 2017 General Session. The 64th Wyoming Legislature will convene at Noon on Tuesday, January 10. “Crossover” will be Wednesday, February 7 and the Legislature is tentatively scheduled to adjourn on Friday, March 3. The Legislature will not be in session Friday, February 17 or Monday, February 20 for the Presidents Day holiday. The motion was seconded and carried.

Public Use of Room L-51 Mr. Sara discussed coordination with the Department of Administration and Information to execute SBC and Management Council policies regarding scheduling public events in Jonah Business Center room L- 51 during the 2017 General Session. (Appendix 8). Mr. Obrecht reiterated to Council the permitting process is subject to presiding officer approval.

MANAGEMENT COUNCIL Summary of Proceedings

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Council moved to continue adoption of the SBC Temporary Facility-Use policy for room L-51 in the Jonah Business Center. The motion was seconded and carried.

New Legislator Training Mr. Sara described for Council new legislator training agendas based on the 2015 General Session and a proposed two-day schedule reflecting current budget constraints. (Appendices 9 &10). All legislators will participate in trainings on Monday January 9, 2017. (Appendix 11). Council expressed to staff the need for a robust packet of information to be sent in advance to new legislators particularly in light of an abbreviated training schedule.

Council moved to adopt 2017 Pre-General Session training schedule to take place Friday, January 6, 2017 and Saturday, January 7, 2017 based on the draft schedule provided by staff. The motion was seconded and carried.

Hiring of Senate and House Staff during the Interim Council moved to approve use of legislative intern scholarship funds, consisting of donations and held in an account managed by the , for stipends to interns for whom travel to the legislative session is required. The presiding officers will send a letter to membership explaining that donations to the legislative intern fund will be used to offset travel costs and other expenses incurred by legislative interns. The motion was seconded and carried.

Mr. Obrecht presented proposed legislation 17LSO-0144, Legislative employees which would clarify existing ambiguity related to the hiring and direction of session staff. (Appendix 12). Two approaches were identified within the proposed legislation. Option 1 provides for session staff to be hired by the House and the Senate and serve at the will of each presiding officer during the interim. If there is a vacancy occurring during the interim the presiding officer would be responsible for filling that vacancy. Option 2 provides for session staff to become employed by the Legislative Service Office and report to the director during the Interim.

Council moved to adopt Option 1 providing for session staff employment by each house and further amended language to 17LSO-0144, page 2 to read the President of the Senate and the Speaker of the House shall establish compensation pursuant to guidelines provided by Management Council. The motion was seconded and carried.

Council moved to sponsor 17LSO-0144 as amended. The motion was seconded and passed by roll call vote. Vice-Chairman Nicholas stated the bill would begin in the Senate.

OTHER ADMINISTRATIVE ITEMS Website Redesign

Mr. Schaub demonstrated the new LSO website and its features for Council. Mr. Schaub reported the website would launch post 2017 General Session and encouraged the formation of a pilot group including legislators, LSO staff and other stakeholders to test the website. (Appendix 13). There was discussion regarding the legality and appropriateness of including certain types of legislator content, the components related to bill information specifically fiscal notes, access to LSO research material and general search functions.

MANAGEMENT COUNCIL Summary of Proceedings

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Council requested staff build a database of reports to the Legislature and making it available on the website. No formal action was taken.

Management Council Policy Updates Mr. Obrecht described for Management Council policy updates comprised of minor issues related to antiquated practices and terminology. Mr. Obrecht reported to Council staff was working on implementation and would present reports and recommendations to Council at Council’s spring meeting.

There was significant discussion regarding substantive changes to MC Policy 01-01 whereby Council proposed a general stipulation that the cost to a legislator for purchase of their assigned laptop should be full market value plus the prorated cost of maintaining the warranty. (Appendix 14). However, Council directed staff to investigate the following scenarios: a pre-purchase plan applying a legislator’s first constituent payment to purchase of the laptop; amendments to Council policy to allow for greater use of legislative laptop to for nonlegislative purposes; provide the laptop as part of compensation; and allowing the legislator the option to purchase computer prior at the beginning of the legislator’s term or when the laptop is purchased. Council will consider these options at its December meeting.

Jonah Business Center Mr. Obrecht described recently implemented security measures at the Jonah Business Center including restricted access to the LSO offices. Senators wishing to access the Senate Chamber are required to use their access badge. Members of the House of Representatives are required to visit the LSO main office for a key to the House Chamber. Mr. Obrecht reported a key will be provided to Senate Leadership for their offices within the LSO suite at Council’s recommendation.

Contract Approval Mr. Obrecht reported on correspondence between Treasurer Gordon and former LSO Director Dave Gruver regarding approval of contracts under Article 3, Section 31 of the Wyoming Constitution. (See Appendices 15, 16, 17 &18).

Council directed staff to add a clause to applicable contracts stating they are subject to the approval of the Governor and State Treasurer pursuant to Article 3, Section 31 of the Wyoming Constitution.

Legislative Counsel, Tania Hytrek updated Council on pending contracts to include printing services for bills, legislative stationery and the Certified Public Audit which closed September 19. Ms. Hytrek reported the bid for the audit returned by McGee Hearne & Paiz was for considerably more than prior bids for the service. Ms. Hytrek provided Council with recommendations how to proceed.

Council requested staff contact McGee Hearne & Paiz for an explanation of their bid. Council moved to reject bids received for the Certified Public Audit and for printing of legislative stationery and open the bidding process again. The motion was seconded and carried.

Total Quality Management Update Ms. Hytrek reported the results of a directive from the May 19, 2016 Management Council meeting for staff to consider policies to aid the development of staff expertise, provide targeted training to LSO’s legal staff, provide leadership training to LSO’s management team and implement total quality management principles at LSO. Mr. Obrecht stated staff was exploring NCSL leadership training opportunities and programs through CSG West. Mr. Obrecht and Ms. Hytrek also discussed the proposal

MANAGEMENT COUNCIL Summary of Proceedings

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to institute internal office training by resourcing and building upon existing employee skill-sets, and encouraging office cohesion.

Council directed staff to further develop Total Quality Management recommendations and long-term implementation strategies with a corresponding budget to present to Council at its December meeting.

CAPITOL PROJECT UPDAT E Special Projects Manager, Wendy Madsen updated Council on the Capitol Square Project construction project since Capitol Building Restoration Oversight Group approval of the $219,382,000 Guaranteed Maximum Price at its July 26, 2016 meeting.

In response to inquiry from Senator Bebout, Ms. Madsen will provide Council exact contractual language to the contractor’s contingency and other contingency fund amounts. Sen. Bebout would also like to deliver contracting and bid information on the project to the broader public without revealing proprietary facts.

As a temporary space cost saving measure recommended by the Department of Administration and Information and HDR Architects, the 325 employees remaining in the Herschler Building have been moved to the west wing commencing demolition of the building’s east wing. In response to inquiry regarding health and safety of the employees, Ms. Madsen reported air quality tests have met OSHA criteria and monitoring is ongoing.

LSO ORGANIZATION Mr. Obrecht updated Council on changes to the LSO organizational chart, remarking on the dedication with which Program Evaluation Manager Michael Swank took on the expansion of his section. (Appendix 19). Mr. Swank addressed the Council regarding the benefits to the May 2016 consolidation of LSO’s Research and Program Evaluation sections. Mr. Swank spoke in response to inquiry from Vice- Chairman Nicholas regarding tracking staff time dedicated to each section expressing the challenge of differentiating the time spent on quick-hit research projects as opposed to months-long program evaluations.

Vice-Chairman Nicholas directed Mr. Swank to continue tracking staff time spent on program evaluation functions and to ensure that function remains and important resource for legislators.

PERSONNEL MANUAL CHANGES Mr. Obrecht reported to Council the technical corrections being made to the LSO personnel manual to remove references to interim session staff. Those changes would be presented to Council at its December meeting.

EXECUTIVE SESSION Council moved to resolve itself into executive session to discuss personnel issues and to receive legal advice.

MANAGEMENT COUNCIL Summary of Proceedings

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MEETING ADJOURNMENT Council came out of executive session. There being no further business, Vice-Chairman Nicholas adjourned the meeting.

Respectfully submitted,

President Phil Nicholas, Vice-Chairman

MANAGEMENT COUNCIL Summary of Proceedings

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Council Meeting

Materials Index

Appendix Agenda Item Appendix Description Appendix Provider

1 Council Sign-In Sheet Lists meeting attendees LSO

2 Council Meeting Agenda Provides an outline of the topics the LSO Council planned to address at meeting

3 Committee Requests Interim Committee Expenditures 2016 LSO Interim, August 31, 2016

4 Committee requests Memo: Authority of the Select LSO Committee on Legislative Technology

and Process to sponsor legislation, September 6, 2016

5 Budget status 17LSO-0145 Legislative appropriations LSO

6 Session administrative 2017 Legislative Session – Draft 1 LSO items

7 Session administrative 2017 Legislative Session – Draft 2 LSO items

8 Session administrative Room L-51 schedule and usage LSO items calendar

9 Session administrative Wyoming Legislature New Member LSO items Orientation: Session One, Your role in the Wyoming Legislature legislative leader meeting process, protocol and decorum

MANAGEMENT COUNCIL Summary of Proceedings

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10 Session administrative Wyoming Legislature New Member LSO items Orientation: Session Two, Bill drafting procedures and budget process,

computer training

11 Session administrative Wyoming Legislature All Member LSO items Training: anti-discrimination training, ethics training, intern meet and greet,

committee chairman meeting, new leader meeting

12 Hiring of Senate and 17LSO-0144 Legislative employees LSO House Staff during the Interim

13 Other Administrative Memo: Legislature website, September LSO Items 9, 2016

14 Other Administrative Management Council Policy 01-01 LSO Items

15 Other Administrative Letter from Wyoming State Treasurer, Wyoming State Items Mark Gordon, April 12, 2016 Treasurer

16 Other Administrative Letter from Wyoming State Treasurer, Wyoming State Items Mark Gordon, July 15, 2016 Treasurer

17 Other Administrative Letter from Legislative Service Office LSO Items Director, Dave Gruver, September 1, 2016

18 Other Administrative Letter from Wyoming State Treasurer, Wyoming State Items Mark Gordon, September 7, 2016 Treasurer

19 LSO Organization Legislative Service Office LSO Organizational Chart

MANAGEMENT COUNCIL Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov