|
|
Home | Contact Us | Press Room | Site Overview | Help | Login | Register |
![]() |
![]() |
| About NCSL | State & Federal Issues | Legislatures | Legislative Staff | Meetings | Bookstore | Legislators & Staff Only |
| NCSL Home > State & Federal Issues: Issue Areas > About State Legislatures > | Add to MyNCSL |
|
Legislative Effectiveness & State Government Committee
Meeting SummariesCommittee Business Meeting
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Meeting Session: |
Polarization: It’s Unbearable | |
|
|
| |
|
Overview & Presenters: |
Ask any veteran legislator and you’ll likely hear that the legislature isn’t like it used to be. Partisan fights and heated campaigns have driven a wedge between and even within the parties. This roundtable discussion session explored the keys to maintaining civility and good working relationships in the capitol. Moderator: Senator Jeffrey Plale, Wisconsin Presenters: Senator Dori Connor, Delaware Representative Doug Jones, Idaho | |
|
|
| |
|
Summary: |
Senator Jeffrey Plale noted that the Wisconsin Legislature had a long tradition of playing practical jokes. There was always an attempt to keep people smiling and legislators made a real effort to get to know each other across party lines. Campaigns have gotten costlier and the personal attacks have increased, so it is hard to get passed that when the session begins. People start believing their own press releases and adopt an “I’m always right, you’re always wrong” attitude. Senator Plale was affected in all this by being stranded in an airport with a senator from the other party. They did a lot of talking about the loss of civility and what could be done about it. They formed a council on civility in government and have sought to get fellow legislators to sign a pledge to get along with one another. They have continued the civility group, although it has been renamed several times and has not had the success they had hoped. Senator Plale introduced the other members of the panel. Senator Dori Connor reminded attendees that legislative splits occur along male/female, union/nonunion, conservative/moderate/liberal, and religious lines. It’s not just a party divide. Polarization in Delaware has been heightened by bill introduction limits, committee assignments and the high cost of elections. She also noted the nastiness surrounding the debate over a bill regarding sexual orientation. Further, the leadership’s position on creating a large disparity in the pay between majority and minority staffers has been a significant polarization factor. All this sticks out like a sore thumb to the public. She urges legislators to remember the “power of one.” You can make a difference one day at a time with patience and laughter. She noted that growing up in a mixed Republican/Democrat party home has helped her see that no party has a monopoly on all the good ideas. She suggested each legislator has to take a good look in the mirror and admit your own mistakes as a good starting point. Representative Doug Jones has been in the Idaho Legislature for over 20 years. Although the Republicans have over 80% of the legislative seats, there are at least two, if not three or four, factions within the party that lead to polarization. The budget deficit and the ensuing debate over a sales tax increase, as well as an initiative-based term limits provision, all added to the divisiveness. Representative Jones has seen less civility between members, fewer social gatherings and more cliques. In the past, after debate in the chambers, the opponents would often walk off the floor together. Today that is rare. Although the Republicans control things, the North/South and urban/rural splits have caused some lasting problems. He also sees more young legislators coming in with personal agendas and they don’t seem to care about anything else. We have lost those who believed in the system and could be counted on to take a “for the good of the state” perspective. Representative Jones says he doesn’t see a clear solution, but organizations like NCSL and CSG have and must continue to promote civility and collegiality. In the roundtable discussion that followed, there were a number of comments. One attendee thought the North Carolina co-speaker system in the recent tied chamber period helped build some bridges across party lines. In recent cuts in Wisconsin, there is some perception that the House forced the minority staffers to take the hit, while the Senate took a shared cut approach for partisan staff. One Texas legislator noted the positive influence of a fellowship group, where shared faith and support helps build understanding across party lines. Another attendee noted that the behavior always improves when a legislator’s family member is in the gallery – “how can you be mean when family is there.” Some present noted the great impact that some states have had by including some minority party chairs of committees, although others indicated that this would be a tough sell in the states that don’t have that tradition. A last theme to the comments centered on new member orientation. This training is a unique opportunity to send new legislators off on the right foot. | |
|
|
| |
|
Meeting Session: |
Legislative Training: What Works Best? | |
|
|
| |
|
Overview & Presenters: |
With term limits, turnover and increasingly complex issues to decide, many legislatures are overhauling their training for new legislators. Time is always limited, so planners have to make tough decisions on what to teach and how to teach it. This session looked at some recent innovations and studies and gave tips on how to invigorate your state’s legislator training.
Moderator: JoAnn Hedrick, House Chief Clerk, Delaware Panelists: Tom Covington, Principal, NewFound Mountain Associates, North Carolina Mitch McCartney, Director, Information Office, Unicameral Legislature, Nebraska Susan Clarke Schaar, Senate Chief Clerk, Virginia, NCSL Staff Vice Chair | |
|
|
| |
|
Summary: |
JoAnn Hedrick described the importance of legislator training and introduced the panel. Mitch McCartney explained some of the nationwide trends in new member orientations. He described his state of Nebraska as indicative of the need for good training: with term limits, Nebraska will have a drastic and dramatic turnover and new members will have less time to grasp complex issues. Under term limits, he thinks legislators will be less likely to acquire an institutional focus. Mitch described his research, which focused on Arkansas, California, Colorado, Michigan, Missouri, Ohio and Wisconsin. For program content, areas that were included by at least some of the subject states included core training subjects (like understanding the rules), societal change factors (like economics and demographics), policy issues (like education) and institutional appreciation. Specific sessions often included committee structure, budget process, ethics and working with staff, lobbyists and the press. The significant findings included the importance of involving legislative leadership and using former and current legislators as teachers/faculty. The median length of training for these states was five days. As to issue areas, the top choices were tax policy, education and health and human services. Budget, ethics and media training are very typical skills/behavioral areas for training. For innovative approaches, Mitch cited Missouri’s tour to see key state programs and services, California’s and Wisconsin’s use of briefing books and Wisconsin’s “Food for Thought” speaker series. Lastly, Mitch suggests that two areas that need more emphasis are institutional appreciation and societal change factors. Tom Covington described some in-depth research he is doing in North Carolina as a lead-in to creating a new training program. He started by trying to get legislators to identify exactly what it is that makes good legislators effective. He also did a lot of looking at how adults learn, finding a strong need to allow for concrete experiences and active experimentation. The research so far has shown a need to address key skills like getting things done, political savvy, listening, communication, coalition building, decision-making, taking the long view and acquiring competency in key areas. He also heard a lot about trends such as loss of civility, increase in partisanship and the change in campaigns. Tom is in the early stages of suggesting a legislator training program that will address traditional new member issues but will also include self-assessment and skill building. Susan Schaar noted how far Virginia has come since the 1970’s regarding new member orientation. Back then, new members sat around a table and the leader just told them what to do. Since that time Virginia has added mock floor and committee sessions, brought in all the legislative agencies to talk to members, and included many of the things other states have added. They have also looked at relationship building through dinners and other social events and used videos to allow members to take on some of the learning at the time, place and pace of their own choosing. New areas of emphasis have been ethics, sexual harassment and the media. Susan also noted the need for redundancy in training, which they carry out through the use of notebooks to reinforce the various learning messages. They don’t use outside agencies in conducting the training, which allows them to control the subject matter. There is a stage later on where the state agencies can give overviews. The timing of the orientation is always an issue as people want to take time off after the election, yet you can’t run into the holidays. The first week in December often works best. Susan ended with some tips: Spouse education is a critical piece of the orientation. Computer training is best done through a general session followed by individual training. Use NCSL for pieces of your training. They can provide speakers in key areas and deal with procedural and institutional topics as well. Look beyond members and address some training for assistants and other staff. | |
|
Meeting Session: |
Is Your Legislative Speed Limited by a Governor? | |
|
|
| |
|
Overview & Presenters: |
State legislatures have waged epic battles with governors recently, featuring some fascinating personal, political and legal struggles. This session explored the reasons for the challenges and gave advice on how to build relationships, improve communication and protect legislative interests.
Moderator: Laura Rose, Deputy Director, Joint Legislative Council, Wisconsin Presenters: Delegate John Hurson, Maryland, President, NCSL Representative Christopher Rants, Speaker of the House, Iowa Peter Wattson, Senate Counsel, Minnesota | |
|
|
| |
|
Summary: |
Iowa Speaker of the House Christopher Rants described some of the political history of the last few years in his state. The Republicans controlled both legislative chambers, while a Democrat had the governor’s office. The first term included the expected bumps and bruises, but the second term began with unprecedented bi-partisanship. As things evolved, the House held more to the bi-partisan approach, while the Senate did not. In addressing economic development, the legislature ultimately passed two bills: one with appropriations and the other with policy changes, tax cuts and regulatory reform. The strategy for Republicans was to keep the Iowa governor from using item veto authority over just some of the items in the non-appropriation bill. There were some provisions the governor liked and some he did not, and the legislative approach was to force the governor into an “all or nothing” choice. However, the governor asserted a series of item vetoes against the policy bill, claiming, among other things, that the tax cuts made that bill an appropriation bill and thus subject to item veto. The Iowa legislature retained counsel, as the attorney general chose to represent the governor in this dispute. The Iowa legislature split along party lines in the lawsuit, but the Iowa leadership received support and assistance from NCSL in its assertion of legislative power. Although unsuccessful at the district court level, the legislature won at the state supreme court. However, the legislature had the lawsuit hanging over its head the whole session. There was partisan gridlock at many points. Although the supreme court decision prevented some deep inroads upon legislative power, the court chose to treat the bill as if the governor had signed nothing. The entire session had been based on the assumption that the Iowa Values Fund existed, and suddenly the fund was a nullity. They had to hold a special session to iron things out. Speaker Rants felt that they learned a lot. While the governor speaks with one voice, the legislature had a very public difference in outlooks between the House and Senate. That hindered the legislature’s approach and had a negative impact on the public. Doing it over again, Speaker Rants would have pushed to have either a public relations firm or the legal counsel give out a consistent message for the legislature. Delegate John Hurson first described NCSL’s role in the Iowa lawsuit. Although Hurson is a Democrat, he noted that in his role as NCSL President the issue was clearly the need to stand up for the rights and privileges of legislatures. In his home state of Maryland, they have had the mirror image of Iowa, as Maryland has had a Democrat-controlled legislature and a Republican governor. The legislature has struggled, feeling that the new governor uses a Washington, DC, style based on press release government. He deals with the legislature through the press, virtually stopping the face-to-face meetings that had been held on a weekly basis. One recent skirmish has involved the national advertising promotion for Maryland, which prominently features the governor. Delegate Hurson worked with NCSL and found seven states that prohibit elected officials from appearing in these kinds of advertisements, so he held some hearings and will probably introduce a similar bill in the next session. The upshot is that Maryland has found itself in a very different political situation. In the past, the two legislative leaders and the governor would sit down and decide the major issues of the day. This new governor is taking a different approach and the legislature is still trying to find the best way to work with him. Peter Wattson noted that the Minnesota legislature and the governor are always battling. He recounted three stories entitled “three days is three days,” space wars in the capitol” and “hide and seek.” In the 1990 redistricting plan, everyone knew the Republican governor would veto the Democrat bill. However, the plan passed along with a crush of other bills at the end of session. The governor had three days to veto the bill and he signed the veto within the time limits, but he failed to return the bill in time to the Senate, along with 14 other bills. Although it was clear the governor had not returned the bill to the applicable clerk in time, it was also clear that the matter would end up in court. The legislature took the offensive to choose the timing, venue and arguments that would drive the lawsuit. They also benefited from having both inside and outside counsel involved. Although the legislature prevailed in court, Peter noted that the governor’s wings did not stay clipped for long. Peter briefly mentioned that the “space wars” lawsuit came about when a governor tried to seize some of the Capitol office space. Peter referred the audience to his article on these space wars that is included on the NCSL legal services staff section web site. In the last story (‘hide and seek”), Peter recounted the story of a bill that Governor Jesse Ventura wanted not to receive until a certain date. Various legislative staff sought to give (present) the bill to the governor, at the Capitol, the governor’s mansion and at Ventura’s ranch, but phone calls went unanswered and legislative staff were turned away at the ranch. Mason’s Manual and an attorney general’s opinion made it clear that a governor can’t hide to avoid presentment, and the governor avoided a lawsuit by vetoing the bill within the timeframe created by the presentment attempts. All three stories indicated the need for the legislature to thoughtfully and forcefully defend its position against the governor. | |
|
|
| |
© 2008 National Conference of State Legislatures, All Rights Reserved
Denver Office: Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230 | Map
Washington Office: Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001