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Summary Proceedings D r a f t O n l y A p p r o v a l P e n d i n g SSUUMMMMAARRYY ooff PP RROOCCEEEEDDIINNGGSS MANAGEMENT COUNCIL COMMITTE E ME E TING INFORM ATION Tuesday, October 15, 2013 Capitol Room 302 Cheyenne, Wyoming COMMITTE E ME MBE RS PRE S E NT Senator Tony Ross, Chairman Representative Tom Lubnau, Vice Chairman (by teleconference) Senator Eli Bebout (by teleconference) Senator Bruce Burns (by teleconference) Senator Phil Nicholas (by teleconference) Senator Chris Rothfuss (by teleconference) Representative Kermit Brown (by teleconference) Representative John Freeman (by teleconference) Representative Thomas Lockhart (by teleconference) Representative Mary Throne (by teleconference) C OMMITTE E ME MBE RS N OT PRES ENT Senator John Hastert Representative Rosie Berger Representative W. Patrick Goggles LEGISL ATIV E SE RV ICE OFFICE ST AFF Dan Pauli, Director Dave Gruver, Legislative Counsel Matt Obrecht, Staff Attorney Ian Shaw, Staff Attorney Anthony Sara, Associate Legislative Information Officer OTHERS PRE S E NT AT ME E TING Please refer to Appendix 1 to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting. The Committee 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 committee 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 Committee. All meeting materials and handouts provided to the Committee 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 committee meeting can be found on the Wyoming Legislature’s website at www.wyoleg.gov. PAGE 2 OF 4 EXECUTIVE SUMMARY The Council met to consider a budgetary request for the hiring of special counsel to assist in the investigation of the Department of Education and Office of Superintendent of Public Instruction. CALL TO ORDER Chairman Ross called the meeting to order at 2:00 p.m. The following sections summarize the Committee proceedings by topic. RETENTION OF SPECIAL COUNCIL TO ASSIST IN THE INVESTIGATION OF THE DEPARTMENT OF EDUCATION AND OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION The Council met for the purpose of considering a budgetary request from the investigatory committee assigned to investigate conduct at the Department of Education and Office of the Superintendent of Public Instruction. The request is for $100,000 with which to retain special counsel and other contractors as determined necessary by the investigatory committee. Because public testimony concerning the hiring of outside assistance was allowed at the Council's prior meeting where the Council approved the appointment of an investigatory committee, Chairman Ross reminded the public that no public testimony will be allowed at this meeting. Vice Chairman Lubnau explained the investigatory committee's budgetary request. The investigatory committee has voted to hire special counsel and to seek a budget of $100,000 for that purpose. Vice Chairman Lubnau explained that special counsel would conduct follow-up investigations on issues that were left unclear in the McPherson report. Special counsel would assist in the review of documents and would provide advice on complex legal issues that have arisen during the course of the investigation. Special counsel also would provide independent advice as to which issues considered by the investigatory committee, if any, might warrant further legislative action. Vice Chairman Lubnau described the search for independent counsel candidates. Matt Obrecht explained the work of the investigative committee. Mr. Obrecht explained what work LSO has performed for the committee and the limits of LSO's ability to assist. Chairman Ross reviewed an engagement letter from attorney, and former Wyoming Attorney General, Bruce Salzburg. Retaining Mr. Salzburg would include the retention of services by Hirst & Applegate in order to reduce over-all costs. Senator Bebout suggested that the investigatory committee not hire overly qualified individuals to conduct base-level investigatory activities. Mr. Obrecht explained that LSO, associate attorneys and paralegals would perform tasks to try to limit the expense. Senator Rothfuss reminded the Counsel that there is no strict legal standard with which to analyze the conduct being considered by the investigatory committee. Upon questioning by Senator Bebout, Vice Chairman Lubnau opined that the requested budget should be sufficient to get the investigatory committee through the investigative stage, warning that outside factors and the nature of the evidence revealed could change the situation. Senator Nicholas noted expensive paralegal fees and Mr. Obrecht explained that an investigator likely would be hired to assist special counsel and to perform work at a lower cost. Representative Lockhart made a motion to approve the expenditure of up to $100,000 for the hiring of special counsel and such other contractors as deemed necessary by the investigatory committee to aid in investigating the Department of Education and Office of the Superintendent of Public Instruction. The motion was seconded by Senator Rothfuss. The Council discussed the motion and Senator Bebout moved 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 PAGE 3 OF 4 to amend the motion to reduce the funding amount to $50,000. The motion died for the lack of a second. After further discussion, Senator Bebout moved to amend the motion to require the investigative committee to submit a plan and time-line explaining how the committee intends to proceed. The motion was seconded by Senator Nicholas for the purpose of discussion. Senator Nicholas then spoke against the motion, explaining that it might be constitutionally problematic for the Council to impose limitations on a House investigation which could lead to impeachment. Senator Bebout withdrew his motion with Senator Nicholas' consent. A roll vote was taken on the motion with "aye" proxy votes counted for Representatives Berger and Throne. All Counsel members present voted in favor of the motion, Senator Hastert and Representative Goggles were absent. Senator Nicholas moved to require, as a condition of the House expending the approved funds, the development of an internal budget detailing how the investigatory committee can meet its required tasks within the allocated budget. Senator Bebout seconded the motion. Vice Chairman Lubnau explained that this was his plan with special counsel with or without the motion. Chairman Ross explained his preference that Management Counsel, half of which is composed of Senators, rely on the House to meet their investigatory task judiciously and without mandates requiring them to conduct their work in a specific way. A roll call vote was taken on the motion. No proxies were recorded for this vote. The motion failed, Senators Bebout and Nicholas voting in favor of the motion and Senators Ross, Burns and Rothfuss and Representatives Lubnau, Brown, Freeman and Lockhart voting against the motion. Senator Hastert and Representatives Berger, Goggles and Throne were absent. Senator Burns suggested that the investigatory committee carefully coordinate contact with special counsel to reduce costs and assure a uniform message regarding the work special counsel is to perform. ME E TING ADJOURNMENT There being no further business, Chairman Ross adjourned the meeting at 3:05 p.m. Respectfully submitted, Sen. Tony Ross, Chairman 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 PAGE 4 OF 4 CCoommmmiitttteeee MMeeeettiinngg MMaatteerriiaallss IInnddeexx Appendix Agenda Item Appendix Description Appendix Provider 1 Committee Sign-In Sheet Lists meeting attendees Legislative Service Office 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 .
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