RACSS Newsletter. Greasing the Wheels of Democracy. Chair s Column: Research and Committee Staff Section Fall 2014 IN THIS ISSUE:

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1 RACSS Newsletter Research and Committee Staff Section Fall 2014 IN THIS ISSUE: Chair s Column: Greasing the Wheels of Democracy By Bryant Howe, Assistant Director Office of Legislative Research and General Counsel, Utah RACSS Chair, When I m asked exactly what it is that I do in my job, I like to sometimes facetiously reply that I grease the wheels of democracy. (It s corny, I know, but most of the time it seems like an apt description.) Like many of you, I work for a citizen legislature. The Utah Legislature only meets in a formal session for 45 calendar days a year. While we have an active and busy interim, many legislators can go for weeks at a time without attending a formal meeting associated with their legislative service. But while their time in formal meetings may be limited, a couple of recent experiences reminded me again just how involved our parttime legislators are and why our jobs are a vital part of the legislative process. A few weeks ago, I spent a day in a car with one of our Senators as we drove through three counties visiting several proposed sites for a new state prison. As we drove from site to site, his phone never seemed to stop ringing. This legislator owns a small business, is running for re-election, holds a legislative leadership position and has a large family. He is also a former mayor of his town so his connections are far and wide there are dozens of people vying for his attention. With each ring, he would look at the number and d ecide whether or not to answer. Some calls went to voice mail I ll get back with those folks later, he would say. I commented that I was glad that he always took my calls. I have to, was his reply. You help make things happen. I recently called another legislator and asked how his day had gone. Turns out that was the wrong thing to ask. This legislator owns a small home building company, has a young family of several children, is running for re-election and a for a leadership post in his chamber. In a voice of frustration and exasperation, he explained that he d spent the day in the flooded basements in several new homes in one of his developments one of his contractors had mistakenly sent sewer water back up some pipes and into basements. After relaying the events of his terrible day, he shook it off and asked, But anyway, Bryant, what can I do for you? I felt awful for bothering him and quickly asked my question and got some direction on an issue. Chair s Column... 1 Legislative Summit... 2 RACSS Business Meeting... 4 Staff Awards... 5 Fall Seminar... 6 The RACSS Newsletter is published periodically by the Research and Committee Staff Section, a staff organization of the National Conference of State Legislatures. Denver: DC: RACSS Executive Committee Chair: Bryant Howe, Utah Vice-chair: Charlotte Carter-Yamauchi, Hawaii Immediate Past Chair: Sabrina N. Lewellen, Arkansas Directors: Cindy Ellison, Texas Susan Fox, Montana Brad Krehely, North Carolina Sheila Mason, Kentucky Kristin Sullivan, Connecticut Sharon Wenger, Kansas Secretary: Kae Warnock, NCSL Continued on p. 10

2 RACSS Sessions at the Legislative Summit RACSS members enjoyed several interesting and informative sessions at the Legislative Summit in Minneapolis. In addition, they held their annual Business Meeting, electing officers and presenting the 2014 Legislative Staff Achievement Awards. Following are summaries of two sessions and reflections from a first-time attendee. Reflections from the NCSL Legislative Summit By Brad Krehely, North Carolina I have been active in NCSL for nine years, and recently, I attended my first Legislative Summit in Minneapolis, Minn. The Legislative Summit was informative. Substantive presentations taught me how to communicate more effectively and how to be more responsive to legislators. Brad Krehely, RACSS Director I met other people who do the same work that I do. I was able to share information, network, and make new friends from around the country. The Summit gave me a sense of camaraderie. While there are unique challenges in every state, it was encouraging to learn that other legislatures are grappling with many of the same issues we face in North Carolina. Like other NCSL programs, the Legislative Summit helped me become a better legislative employee and benefitted the institution I serve. RACSS and LRL members participate in the legislators roundtable on staff services, at the 2014 NCSL Legislative Summit RACSS Chair Sabrina N. Lewellen of Arkansas moderated the Legislators Roundtable session, which featured legislators (seated, l-r) Representative Barbara Ballard of Kansas, Senator Curtis Bramble of Utah, Senator Bryan King of Arkansas, and Representative John Mizuno of Hawaii. Legislators Roundtable: What We Need and Value From Staff By Sabrina N. Lewellen, Arkansas The Research and Committee Staff Section (RACSS) kicked off its 2014 Annual Summit programming on Tuesday, Aug. 19 with the afternoon session, Legislators Roundtable: What We Need and Value From Staff. It was jointly sponsored with the Legislative Research Librarians. The topic evolved from planning discussions regarding the types of resources and innovative services offered in states and what members truly need and value from their staff. Moderated by Sabrina Lewellen, then Chair of RACCS, it included four distinguished panelists: Representative Barbara Ballard (Kansas) Senator Curtis Bramble (Utah) Senator Bryan B. King (Arkansas) Representative John Mizuno (Hawaii) During the hour-long session, panelists shared information about their legislative careers, ways they utilized their respective state staff and offered helpful advice to both new and experienced staffers on what is most important to each of them. Additionally, challenges and best practices in providing effective services were discussed. The session proved to be an engaging and enlightening conversation between legislators and staff. Continued on page 3 2 National Conference of State Legislatures

3 Legislative Summit, continued Building a Brand for Legislative Staff By Catherine Wusterhausen, Texas In a session cosponsored by LRL and RACSS, panelists Steve Miller, Wisconsin Legislative Reference Bureau; Catherine Wusterhausen, Legislative Reference Library of Texas; and Bryant Howe, Utah Office of Legislative Research and General Counsel discussed ways that their agencies have built brands that identify and explain their services and value to the legislative community. Steve Miller started off by exploring the power of logos, demonstrating how a well-chosen image can spark an immediate reaction from viewers. He stressed the importance of using design elements to create a consistent look that will immediately connect with customers. Sharon Wenger of Kansas moderates the session, Building a Brand for Legislative Staff. Catherine Wusterhausen focused on the process of consciously shaping a brand, highlighting the need to think carefully about the story you want to tell, and make sure all interactions with customers reflect the chosen narrative. She highlighted the use of online resources, including social media, as part of brand development. Bryant Howe discussed techniques for gathering feedback, focusing on how the Utah Office of Legislative Research and General Counsel uses annual 360-degree interviews, bi-annual interviews with interim committee chairs, and a legislative survey to comprehensively assess the work of the agency. This detailed system for gathering feedback from the legislative community provides an opportunity to identify areas that are of particular value, as well as pinpoint areas that need to be strengthened. Taken together, the panelists provided a valuable exploration of the process of brand development, covering identifying a brand, developing logos and other visual elements to reinforce it, and planning for constant assessment and improvement. The Minnesota State Capitol, built in 1905, is undergoing a $272 million, three-year restoration. Work began in fall 2013 and will end in Photo: Mulad, Creative Commons Panelists Bryant Howe, Steve Miller and Catherine Wusterhausen discuss ways they have built brands for staff agencies in their states. National Conference of State Legislatures 3

4 Scenes from the 2014 RACSS Business Meeting RACSS members attending the NCSL Legislative Summit participated in the 2014 RACSS Business Meeting. The agenda included election of officers, presentation of the Legislative Staff Achievement Awards, and discussion of staff section activities. RACSS chair for Sabrina N. Lewellen presided over the meeting, which saw Charlotte Carter-Yamauchi of Hawaii elected as RACSS vice-chair for the coming year. Vice-chair Bryant Howe assumed the office of chair following the meeting and Sabrina became the immediate past chair. The Legislative Staff Achievement Awards from RACSS were presented to Estella Smith of Arkansas and Walker Reagan of North Carolina. See the accompanying article on page 5 for more information about this year s honorees. Finally, newly-elected NCSL staff vice-chair Karl Aro addressed the business meeting and shared his views on the importance of services for legislative staff. Sabrina N. Lewellen, RACSS chair for , presides over the 2014 RACSC Business Meeting. Above: Incoming RACSS chair Bryant Howe shares his vision for the coming year. Below: RACSS members participate in the RACSS Business Meeting during the 2014 Legislative Summit. Sabrina Lewellen presents the Legislative Staff Achievement Awards to Estella Smith (above) and Walker Reagan (below). 4 National Conference of State Legislatures

5 2014 Legislative Staff Achievement Award By Sabrina N. Lewellen Estella Smith Administrator of Committee Staff Services, Research Services Division, Bureau of Legislative Research, Arkansas Estella Smith has provided over three decades of support and service to Arkansas legislators, state agencies, colleagues from the Bureau of Legislative Research and constituents. Over the years, she has worked on behalf of Senators, Representatives and Arkansas citizens in various capacities, including administrative assistant, assistant to the director of the fiscal division, Senate budget clerk, and Senate legislative analyst. Now as administrator of Committee Staff Services. Estella is responsible for nearly every facet of the Bureau s committee staff structure. Her list of accomplishments have continued to grow as her career has advanced, and she is held in high regard by both members and staff for her dedication to the legislative institution, tireless energy in fulfilling her duties and professional competence. Estella's professionalism and personal determination is exemplary in today's political arena. Her energy, work ethic, vast knowledge of the legislative process and the support she provides to every legislator and staff member have been invaluable contributions to the General Assembly and the citizens of Arkansas. Her organizational skills, profound patience and consistent positive attitude have helped solidify the legacy of the Arkansas General Assembly. Without question, Arkansas is a better state because of her willingness to dedicate her life to public service. Estella has been an active member of the Research and Committee Staff Section since her early days in the legislature and has participated in numerous RACSS programs. Despite her busy schedule and extensive responsibilities with the General Assembly, Estella also faithfully supports her community, especially several elderly citizens in her area. Her contributions to the Arkansas General Assembly, Bureau of Legislative Research, RACSS and her community have been deeply felt by all who know her, as she exemplifies a true public servant. Walker Reagan is responsible for the function and fluidity of the nearly 50 employees in the Research Division of the North Carolina General Assembly. He has tirelessly dedicated his talents to the legislators, staff and constituents of North Carolina for over 20 years and is an institution in his own right. Walker joined the Research Division in 1992, after being in private practice of law for 13 years. His experience and education as an attorney allowed him to serve the North Carolina General Assembly in many capacities, including serving as an expert on legal issues involving the legislature. He served as counsel to legislative ethics and judiciary committees, as well as commerce committees. Walker is a long-time member of the Research and Committee Staff Section and served as RACSS chair for He is also a member of the Legal Services Staff Section, and the NCSL standing committees on Labor and Economic Development; and Communications, Financial Services and Interstate Commerce. He has helped plan numerous programs for NCSL meeting and frequently serves as a speaker. He received his bachelor s and master s degrees from Duke University and his law degree from the University of North Carolina. Walker is a graduate of the Legislative Staff Management Institute, class of Walker s depth of knowledge, diversity of involvement and ceaseless energy is second to none. He has done everything in his professional power to ensure that RACSS has been a positive and productive experience for its members and, without question, he is a tremendous asset for RACSS and the NCSL Executive Committee, to which he was elected in Walker is the consummate public servant for the members and citizens of North Carolina and a steadfast ambassador for NCSL and RACSS. Walker Reagan Division Director, Research Division, North Carolina National Conference of State Legislatures 5

6 2014 Joint Fall Seminar The 2014 fall seminar was a joint meeting of RACSS and the Legal Services Staff Section. Always a good partnership, this year s meeting drew more than 170 legislative staff to Richmond, Va. The agenda featured five plenary sessions, 15 concurrent workshop sessions, and an overview of Virginia s legislative staff services. The learning opportunities were abundant, with the highest rated session being the program on compiling 50-state information. Most of the handouts and meeting materials are now available on the RACSS seminar page. It wasn t all work. We also enjoyed a tour of the renovated Virginia State Capitol and state-of-the-art Visitors Center, as well as a reception in the Capitol, hosted by the offices of the Clerk of the House and Secretary of the Senate. Two Dutch Treat dinners offered attendees plenty of time to network after the days meetings were done. This overview wouldn t be complete without a major shoutout to the Virginia staff, who helped plan the overall meeting and individual sessions, as well as serving as faculty. Particular appreciation from RACSS goes to Scott Maddrea, who is the Deputy Clerk for Committee Operations for the Virginia House of Delegates. Scott offered to be the RACSS point person in Virginia and his assistance, energy, and great ideas were a key factor in making it a successful meeting. Following are summaries of some of the sessions. Lisa Soronen, executive director of the State and Local Legal Center, provides an update on U.S. Supreme Court cases that impact the states. Confronting and Managing Biases By Sheila Mason, Kentucky Mike Collins, president of The Perfect Workday Company, leads a session on dealing with change in the workplace. In this issue-focused, political environment that we work in, legislators need to be confident that the work of nonpartisan legislative staff is void of personal, political or partisan bias. The neutrality and objectivity critical to upholding that professional expectation do not come naturally, and have become more difficult to maintain in the supercharged political environment of state legislatures. Panelists for this session discussed the challenges we face in confronting our biases and offered suggestions for maintaining trust and integrity in the work and services we provide to legislators. Jerry Howe, Managing Policy Analyst for the Utah Office of Legislative Research and General Counsel reminded us not only that bias exists in all segments of life, but also that each of us holds some form of bias. Consciously or not, our biases are reflected in the personal perceptions, interpretations and preferences that are generally shaped by our varied backgrounds and experiences. Though we may generally believe we are making educated and rational choices, in reality decisions are often based on emotions. One cannot expect to eliminate bias solely by hiring thoughtful, experienced, and educated employees. The Utah legislature has incorporated a few techniques for keeping biases in check into its routine operating concepts and procedures. In promoting a bias-free culture, leaders are expected to model fairness and employees are rewarded for exemplifying qualities of fairness. Employees work in teams and are encouraged to engage in open and honest conversations about the impact of their legislative work. The office requires peer review of bill drafts and other analytical work. Moreover, open discussions about bias and ways to avoid bias are consistently addressed in employee briefings and performance reviews. 6 National Conference of State Legislatures

7 Fall Seminar, continued an In the Office Writing Style sheet that cautions them against inadvertently writing editorial comments. In addition, the Kansas House and Senate Rules call for the discharge of any staff member lobbying for or against a measure pending before the body. Finally, as legislative staff, we were reminded of the NCSL Model Code of Conduct for Legislative Staff which highlights objectivity as a requisite of a trustworthy legislative staff member. Sabrina Lewellen, Deputy Director of the Arkansas Senate and Assistant Secretary of the Senate reminded us of the challenges of maintaining legislators confidence, particularly as states are seeing shifts in partisan control. This challenge is augmented by the side effects of term limits, changing demographics of legislators, and even the heightened intensity of politics in the statehouses. She stressed the importance of building a positive, trusting relationship with legislators on an individual basis. The impact of the introductory interaction between a legislatorelect and staff can be critical. This positive engagement should continue throughout the legislator s initial orientation, and followed up by regularly scheduled contacts throughout the legislator s service. Staff should personalize services to legislators (to the extent appropriate) through deference to their preferences and by providing options where possible. Of course one should have a handle on the professional constraints or limitations of staff before conversing with legislators, however, any denial of a legislative request should be quickly followed up and explained. As legislative staff, we must stay mindful of the delicate balance legislators try to maintain in their political, professional, personal and private lives. We should appreciate their uniqueness, even their own individual biases. Sharon Wenger, Principal Analyst with the Kansas Legislative Research Department shared some of the tools the Kansas legislative staff has to help manage personal biases. To begin, the position description of general research staff positions in the Kansas legislature lists objectivity as an expectation for the position. Once hired, employees receive an office manual which further delineates the agency s expectations that staff act impartially and honestly in general, that information tendered be accurate and objective, and that communication with legislators or testimony before a committee or in a meeting avoid any behavior that could be interpreted as indicating approval, disapproval, or a political position. Kansas staff also receive Compiling 50 State Information By Bryant Howe, Utah Ann. Rev. Code Stat. Those four simple search terms are (mostly) all you need to know to start your research and to compile information from all 50 states according to Cheryl Nyberg, the Reference Librarian at the University of Washington Gallagher Law Library in Seattle, Wash. Cheryl, a self-described information omnivore, told attendees the best place to begin 50-state research is with the bibliographical series Subject Compilations of State Laws (SCSL). According to Cheryl, this publication identifies and describes more than 23,000 law review articles, books, court opinions and briefs, government documents, LexisNexis and Westlaw files, looseleaf services, and websites that contain 50-state law surveys. The current 28 volume set is available on HeinOnline. Other information sources Cheryl covered include commercial sources such as Westlaw, Lexis/Nexis, Bureau of National Affairs, Nolo, and the National Consumer Law Center. Other organizations that compile 50-state information include the American Bar Association, the National Criminal Justice Reference Center, Education Commission of the States, and the Insurance Institute for Highway Safety. So no need to fear the next time a 50 state research request on some obscure issue comes through the door. All the great information sources reviewed by Cheryl make the job half done. National Conference of State Legislatures 7

8 Fall Seminar, continued Above: Amigo Wade, senior attorney with the Division of Legislative Services, and Jeff Finch, deputy clerk for the House of Delegates, provide an overview of Virginia s legislative staff services. Below: Hobie Lehman, director of committee operations and Senate sergeant-at-arms, explains the bill process in the Senate. The History and Evolution of Legislative Committee Systems By Charlotte Carter-Yamauchi, Hawaii Scott Maddrea, Deputy Clerk of Committee Operations for the Virginia House of Delegates, gave an interesting and at times lively historical presentation on the evolution of legislative committee structures and their increasingly important role in the legislative process, emphasizing that much of the real legislative work occurs in committee. It also became clear from Mr. Maddrea's presentation that the use of professional legislative staff is a relatively recent innovation. Mr. Maddrea traced the use of committees from its early Parliamentary origins (two committees were formed to consider petitions as early as King Edward I's reign during ) to its development in Colonial America and discussed how the early committee systems served as a model for states across the nation. Legislative committee systems and structures developed differently across the colonial states. In some states, they mirrored the committee system in Parliament; in others there were dramatic differences. For example, while Virginia mirrored the British Parliament in structure, but not in form, the New England states were slower to develop standing committees, with some states relying more on committees of the whole, rather than standing committees. The late 19th and early 20th centuries showed a general growth in both the number and the size of committees due to population growth and the rise of the patronage system. For example, by 1929, some state legislatures had more committees than members. A number of states introduced reforms in the mid to later 20th century to reduce the number of committees and later began using professional legislative staff. Mr. Maddrea related that, in 1960, only 13 states had legislative councils and just 11 had any permanent committee staff; however, by 1980, 43 states had legislative research councils, and 40 states had committee staff. By 2009, all of the standing committees in 39 states had professional staff, and only 3 states failed to provide at least some professional legislative staff assistance. Participants sit in the House of Delegates for the session on Virginia staff services. Ethics Commissions By Bryant Howe, Utah Ethics commissions represent the public s trust that public officials will be held to a clear standard of ethical conduct, according to the panelists who participated in the session on State Ethics Commissions. John Schaff, General Counsel of the Kentucky Legislative Ethics Commission; Scott Maddrea, Deputy Clerk for Committee Operations in the Virginia House Delegates; and Peggy Kerns, former Colorado legislator and the 8 National Conference of State Legislatures

9 Fall Seminar, continued Director of NCSL s Center on Ethics in Government each shared their perspectives on the purposes and workings of state ethics commissions as well has the ever shifting landscape of exactly what does and does not constitute ethical conduct by an elected official. Peggy Kerns provided an overview of these 52 unique commissions that operate in 42 states. The facts and background behind the formation of each commission is unique as is their power, funding, and scope of responsibility. Peggy said that state ethics commissions can be a positive force in training and advising elected officials. The panelists shared the differences between Ethics Commissions which usually operate outside of a legislative body and Ethics Committees which operate within a chamber and usually only meet to review a specific complaint or allegation against a member. In some states, Ethics Commissions provide guidance and interpretations of laws governing conflict of interest. John Schaaf related how a 1992 scandal in his state resulted in the conviction of about a dozen legislators, lobbyists, and executive branch officials. In this scandal s wake the Kentucky Task Force on Government Ethics was established. This group conducts between two and four investigations a year and has subpoena power. John said it is a big deal in his state to be the subject of an ethics complaint. Virginia Sesquicentennial Commission on the Civil War By Brad Krehely, North Carolina Virginia began its planning for the 150th anniversary of the Civil War and emancipation in It created the Virginia Sesquicentennial of the American Civil War Commission, a legislative commission that includes Virginia legislators and leading historians among its members. The Executive Director of the Commission, Cheryl Jackson, discussed the Commission's work. The sesquicentennial commemoration in Virginia is a comprehensive statewide initiative that began in 2009 with programs examining the causes of the Civil War. It continues through The Commission has coordinated and funded groundbreaking initiatives, including a Civil War History Mobile Museum touring the state and east coast cities; an exhibit entitled An American Turning Point: The Civil War in Virginia, at the Virginia Historical Society; a series of annual conferences hosted by Virginia universities; and a document digitization program with the Library of Virginia that sends archivists throughout the state to scan and preserve family documents related to the Civil War. Attendees learn about the history of the Virginia State Capitol while visiting the Old House Chamber. Cheryl Jackson, executive director of the Virginia Sesquicentennial Commission on the Civil War, explains the work of the Commission. Guests enjoy a reception in the rotunda, graced by the statute of George Washington, by Jean-Antoine Houdon. National Conference of State Legislatures 9

10 Fall Seminar, continued Generations at Work: Collision, Confusion or Collaboration? By Charlotte Carter-Yamauchi, Hawaii Betty Lochner, an expert in performance coaching, interpersonal skills, leadership development, conflict strategies, and communication skills, presented the closing session on generational differences in the workplace. Never before has the workplace been so age diverse. For the first time in history, today s workplace includes four generations, each with widely different characteristics and perspectives. Ms. Lochner discussed common generational differences and misconceptions and offered advice on how to better relate to and motivate all age groups by understanding their perspectives, values, and distinctive work ethics. Ms. Lochner outlined the following five core principles: Be aware of differences accept and appreciate other's perspectives Create healthy relationships treat others the way they want to be treated Teamwork is your bridge embrace collaboration and teamwork Don't make assumptions ask for clarification and give feedback Make expectations clear describe what you want and describe the "gap" Ms. Lochner also emphasized that 93 percent of all communication is nonverbal and discussed how tone and word choice can be positive communication builders. She also suggested specific practical skills to improve communication and make positive connections, including: eye contact, open body language, remembering names, greeting people, apologizing when appropriate, and saying "please" and "thank you." Chair s Column, continued from page 1 As I hung up the phone, I was again reminded of the many demands on the time of the legislators for whom I work and that despite these many demands, I was grateful that they will nearly always take a call from me. (Lest you think that it s always easy, I ve also worked for my share of legislators and chairs who were impossible to contact and who because of their inaccessibility, made my life miserable.) So what does this mean for us? State legislators, no matter how we classify them in terms of time spent in formal legislative work, rely on us to move the process along to grease the wheels of democracy as it were. For those of us who do the research and staff the committees, that means preparing the briefings, developing the agenda, getting the agenda approved, finding and briefing witnesses, and making sure that our chairs are warned and forewarned about all the possible land mines out there. Our work is not glamorous. It s nearly always in the background and our efforts are rarely recognized. (But that s OK, because, let s face it, most of us thrive in anonymity.) So at the end of the day, I m grateful that I can play a small part in this experiment we call representative democracy. Because my job is unique, I highly value my association with my fellow RACSS members from across the country. While much about our jobs varies widely from state to state, we all share many common joys and frustrations about our jobs. And being able to occasionally commiserate with others who can actually relate to what you do makes anything I do with RACSS a highlight of my job. On behalf of all the RACSS Officers and Directors, we look forward to working with you in the year ahead and welcome your suggestions on topics and issues for next year s annual meeting and professional development seminar. See you soon! On another note, this newsletter marks a big change for RACSS. Since she first began working for NCSL in 1991, we have all benefited from the excellent help and support from our RACSS Secretary and NCSL Liaison, Jeanne Mejeur. Due to recent organizational changes at NCSL, Jeanne has been reassigned to another staff section. We will all miss working with Jeanne. She consistently displays quiet professionalism and superb organization in all that she does. She has ably and gently shepherded our staff section. We will miss her tremendously but take some solace in the fact that she is still at NCSL and we will still see her at meetings and seminars. Good luck, Jeanne! We love you and will miss working closely with you! But with the sad news we have good news in that our new NCSL liaison is Kae Warnock, a veteran and able NCSL colleague who also works with the Legal Services Staff Section. We welcome Kae on board and look forward to working with her. Sabrina Lewellen and Bryant Howe, RACSS chairs for and , respectively, preside over the celebrations of RACSS 35th Anniversary. 10 National Conference of State Legislatures