| Working with the Legislature |
|
|
|
 |
| Executive Duties |
|
Statement of duties for representatives of all agencies in the Executive Branch of state government:
All board and commission members and state employees involved in the legislative process shall perform professionally. They shall adhere to the highest principles of public service. They shall discharge their duties in keeping with the public trust and that of governor and their agency. Those duties include:
- To maintain the highest integrity at all times, acting for their agency and the governor; not themselves.
- To be respectful, clear and honest in all communications.
- To present all information fairly and completely.
- To respond to inquiries without delay.
|
|
|
| Behavior |
|
Guidelines for all who work with the legislature:
- Be flexible and patient. Legislative schedules are always subject to change.
- Remember you represent the governor. Act accordingly at all times.
- Treat all members of the public and their representatives with respect at all times. Do this even when you or your agency disagrees with them.
- Avoid being in the Capitol except when you are directed to be there by your agency head, his or her legislative liaison, a legislator, or legislative staff. Use TV or audio coverage whenever possible.
- Avoid discussing sensitive issues or agency positions on legislation in public settings where conversations may be overheard.
|
|
|
| Interacting with Legislators |
|
Guidelines for all who work with the legislature:
- In the Capitol, always acknowledge members with their formal title, no matter how well you know them.
- Promptly report to a supervisor any conflicts or unusual events involving legislators or their staff. When unsure how important something is, opt to report it.
- Never interrupt a conversation involving a legislator.
- If you represent yourself or any outside interests before the legislature, you must:
- First, disclose to your supervisor that you intend to do so. It may preclude your official work with the legislature.
- Do so only on your own time
- Make clear to legislators and staff that you are not acting in your official capacity.
- Agency representatives may not be at the side aisles of the main floor of either legislative chamber if the main doors are closed. Also, please stay out of the halls behind the chambers during sessions unless your business is in offices that can only be reached through those halls or a member asks you to be there.
- Do not communicate by signal, note, or any method from the balcony of a legislative chamber to anyone on the floor of the chamber.
- Never enter the Senate or House member lounges.
- Always abide by the rules of the House and Senate.
Added guideline for those who do not lobby:
- Any request to meet, testify, or provide material about any issue or bill to a legislator or staff should be reported at once to your agency head or legislative liaison.
|
|
|
| Testifying before committee |
|
Guidelines for all who work with the legislature:
- State personnel are to support or assist bills and budgets proposed by the governor or by any state agency with the governor’s approval. If you are ever unwilling to do so, you must withdraw from the legislative process and resolve your concerns with your agency head or the governor’s staff.
- Always follow protocol:
- Address the chair formally.
- Do not speak unless recognized by the chair.
- Respond to questions through the chair.
- Do not get caught up in disputes between members.
- Never be in the audience unnecessarily. While there, do not talk or disrupt the meeting, even if others do so.
- Learn to recognize rhetorical questions and do not try to answer them.
- Answer briefly, simply using yes or no when practical.
- Never read your testimony. Summarize it in accord with the circumstances. The most effective testimony is given with conviction, confidence, and appropriate good humor.
- If you do not know the answer to a question, say so. Do not guess. Tell the chair you will be pleased to get the answer to him or her promptly.
Added guidelines for those who lobby:
- If you have a concern about a proposal or position, resolve it with the affected agency or the governor’s staff as soon as possible. Do not raise it in a hearing.
- Avoid taking a position on a bill introduced by a member or a committee until you know the position, if any, that the governor may have toward it.
- Avoid taking a position on a bill introduced by a member or a committee until you contact any affected agencies to learn and resolve any issues. Seek a unified response.
- Don’t agree to compromises unless you know the governor and your agency head will approve. Tell the chair that you will verify approval and promptly respond. This may not please a committee, but is far better than having to renege on an agreement.
- Don’t surprise the chair, staff, or another agency. If the position is changing that was held by an agency or the governor or amendments are being proposed, let key people know before the public meeting.
Added guidelines for those who do not lobby:
- Your primary role is to provide accurate and objective facts bearing on a bill.
- Do not express a position on a bill except in formal testimony that is approved by your agency head or governing board.
- Leave advocacy, negotiations or compromises to your agency head, the governor’s staff, or your agency’s lobbyist. Do not agree to the compromise or amendment of a bill.
- Data about fiscal or program impact of a bill should be reviewed and approved by your agency head or appropriate agency staff.
|
|
|
| Paying for Lobbying Activities |
|
Guidelines for all who work with the legislature:
- State agencies may not expend funds to hire outside firms or consultants to lobby the Legislative Assembly, with the following exception.
- Fee supported agencies that do not have any other registered lobbyist may hire an outside lobbyist. They must first show the Director of the Department of Administrative Services that this is more cost-effective than using agency staff.
- Agencies may use appropriate public funds to:
- Promote public involvement in their programs or efforts.
- Conduct other public outreach to help the success of state programs.
- Educate or inform the public about their programs or initiatives.
- Agencies using outside firms must ensure that there is not a conflict of interest between the agency’s mission and other clients represented by the firm.
- State agencies may not reimburse any state employee for expenses related to entertaining members of the Legislative Assembly. Employees are advised to avoid as much as possible spending personal funds for any purpose that may be construed as lobbying. Any personal funds spent on lobbying are subject to reporting to the Government Standards and Practices Commission.
|
|
|
|
