remaining nonpartisan in an increasingly presenters
TRANSCRIPT
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2014
Remaining Nonpartisan in an Increasingly Partisan Environment
June 25, 2014
Dial 888-437-3195 for the webinar audio
The Legal Services Staff Section (LSSS) and the Research and Committee Staff Section (RACSS) would like to thank the NCSL Foundation for State Legislatures for providing an e-learning grant to produce this webinar.
PRESENTED BY: THOMAS VAUGHN & RACHELE HJELMAAS
2014
Thomas R. Vaughn, Associate General Counsel, Office of Legislative Research and General Counsel, Utah Thomas has worked for the Office of Legislative Research and General Counsel for over 10 years. He drafts legislation in the areas of election law, campaign finance, and government ethics. He is also responsible for the office’s drafting manual and trains all new drafting attorneys hired by the office.
Rachele Hjelmaas, Senior Legal Counsel, Legislative Services Agency, Iowa Rachele staffs the Judiciary and Public Safety Committees and the Joint Appropriations Subcommittee on Transportation, Infrastructure, and Capitals Appropriations and drafts legislation in the areas of civil law, domestic abuse, victim rights, probate, OWI, weapons, civil commitment, public records, and infrastructure.
The presenters have provided two handouts to accompany the webinar, but you will not need them during the presentation. The handouts and a copy of the slides will be available on the NCSL website one week after the presentation.
Presenters
What Does it Mean to be Nonpartisan? Nonpartisan v. Bipartisan
Bipartisan Definition: Of, relating to, or involving members of two parties; marked by or involving cooperation, agreement, and compromise between two major political parties –Merriam Webster
Nonpartisan Definition: Not partisan, free from party affiliation, bias, or designation –Merriam Webster
Nonpartisan Synonyms: Candid, equal, equitable, evenhanded, impartial, just, fair, objective, unbiased, unprejudiced. –Merriam Webster
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Why is the distinction important?
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Why is the distinction important?
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•Recognizes “factions” or “interests” within and across parties
Why is the distinction important?
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•Recognizes “factions” or “interests” within and across parties
o Liberal, moderate, conservative
Why is the distinction important?
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•Recognizes “factions” or “interests” within and across parties
o Liberal, moderate, conservative
o Formal or informal caucuses based on ideals, philosophies, issues, geography, rural v. urban, House v. Senate
Why is the distinction important?
imagerymajestic
•Recognizes “factions” or “interests” within and across parties
o Liberal, moderate, conservative
o Formal or informal caucuses based on ideals, philosophies, issues, geography, rural v. urban, House v. Senate
o Who is your client?
Why is the distinction important?
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•Focuses on what your goals as a member of legislative staff should be:
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Why is the distinction important?
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•Focuses on what your goals as a member of legislative staff should be:
o Not to further the interest of a party or parties
Why is the distinction important?
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•Focuses on what your goals as a member of legislative staff should be:
o Not to further the interest of a party or parties
o To help your client fulfill the client’s goals
The benefits of nonpartisan staff
• Not competing to persuade members to take certain public policy positions
The benefits of nonpartisan staff
• Not competing to persuade members to take certain public policy positions
o Responsibility to deliver services in an objective, discreet, and candid manner
The benefits of nonpartisan staff
• Preserving Institutional Memory
The benefits of nonpartisan staff
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• Preserving Institutional Memory
o Promotes efficiency & encourages proactive rather than reactive staffing skills
The benefits of nonpartisan staff
Challenges to Remaining Nonpartisan Perspectives from different states
Challenges to Remaining Nonpartisan Iowa’s Perspective
Iowa’s political environment and legislative staff structure
Kittisak / FreeDigitalPhotos.net
Iowa’s political environment and legislative staff structure
Kittisak / FreeDigitalPhotos.net
• “Split” legislature
Iowa’s political environment and legislative staff structure
Kittisak / FreeDigitalPhotos.net
• “Split” legislature • Partisan and nonpartisan
staff
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Iowa’s political environment and legislative staff structure
Kittisak / FreeDigitalPhotos.net
• “Split” legislature • Partisan and nonpartisan
staff • LSA: Centralized
nonpartisan staff
Challenges: Bill drafting
digitalart / FreeDigitalPhotos.net
Challenges: Bill drafting
• Bill drafting priority and deadline concerns
digitalart / FreeDigitalPhotos.net
Challenges: Bill drafting
• Bill drafting priority and deadline concerns
• Bill draft requests with constitutional or other legal issues
digitalart / FreeDigitalPhotos.net
Challenges: Bill drafting
• Bill drafting priority and deadline concerns
• Bill draft requests with constitutional or other legal issues
• Confidential bill drafts and confidentiality policies
digitalart / FreeDigitalPhotos.net
Challenges: Providing legal services in the legislative environment
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Challenges: Providing legal services in the legislative environment
•Who do we serve?
Challenges: Providing legal services in the legislative environment
•Who do we serve?
o Preserving authority of both Houses to make own rules
Challenges: Providing legal services in the legislative environment
•Who do we serve?
o Preserving authority of both Houses to make own rules
o Protecting legislative privileges of members
Challenges to Remaining Nonpartisan Utah’s Perspective
Large Majority of One Party in Both Houses
Large Majority of One Party in Both Houses
•Pressure to “give in” to “political reality”
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Large Majority of One Party in Both Houses
•Pressure to “give in” to “political reality”
•Relevancy
Large Majority of One Party in Both Houses
•Pressure to “give in” to “political reality”
•Relevancy
•Priorities
Functioning in a State With a Large Majority
Functioning in a State With a Large Majority
• The minority party is part of the process – their constituency put them there
Functioning in a State With a Large Majority
• The minority party is part of the process – their constituency put them there
• Legislative staff members are hired by the Legislature, not a party
Functioning in a State With a Large Majority
• The minority party is part of the process – their constituency put them there
• Legislative staff members are hired by the Legislature, not a party
• Being nonpartisan is the most important part of legislative staff’s job description
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Functioning in a State With a Large Majority
• Create a culture of nonpartisanship
Functioning in a State With a Large Majority
• Create a culture of nonpartisanship • Legislators from both parties
expect us to act in a nonpartisan manner
Functioning in a State With a Large Majority
• Create a culture of nonpartisanship • Legislators from both parties
expect us to act in a nonpartisan manner
• We constantly remind them that we are nonpartisan
Functioning in a State With a Large Majority
• Create a culture of nonpartisanship • Legislators from both parties
expect us to act in a nonpartisan manner
• We constantly remind them that we are nonpartisan
• Communicate equally with all Parties and all parties
Functioning in a State With a Large Majority
• Create a culture of nonpartisanship • Legislators from both parties
expect us to act in a nonpartisan manner
• We constantly remind them that we are nonpartisan
• Communicate equally with all Parties and all parties
• Follow the rules
Polarization: Not Just a National Problem
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• “My way or the highway”
Polarization: Not Just a National Problem
• “My way or the highway”
•Legislators want you on their side
Polarization: Not Just a National Problem
• “My way or the highway”
•Legislators want you on their side
•Legislators don’t accept the courts’ opinion
Polarization: Not Just a National Problem
• “My way or the highway”
•Legislators want you on their side
•Legislators don’t accept the courts’ opinion
• “Only tell me what I want to hear”
Polarization: Not Just a National Problem
Educate Educate
• Explain your role
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Educate
• Explain your role
• Explain how nonpartisanship benefits them
Being “On Their Side” as Nonpartisan Staff
Being “On Their Side” as Nonpartisan Staff
• Recognize the legitimacy of their argument/position
Being “On Their Side” as Nonpartisan Staff
• Recognize the legitimacy of their argument/position
• Be active, not passive, in helping the legislator accomplish the legislator’s goals
Telling Them What They Don’t Want to Hear
Telling Them What They Don’t Want to Hear • “I don’t want you to be caught off
guard . . .”
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Telling Them What They Don’t Want to Hear • “I don’t want you to be caught off
guard . . .”
• “Here are some ways you can avoid potential challenges . . .”
Telling Them What They Don’t Want to Hear • “I don’t want you to be caught off
guard . . .”
• “Here are some ways you can avoid potential challenges . . .”
• “This is the position they (the courts) have taken . . .”
Telling Them What They Don’t Want to Hear • “I don’t want you to be caught off
guard . . .”
• “Here are some ways you can avoid potential challenges . . .”
• “This is the position they (the courts) have taken . . .”
• Use disclaimers
Telling Them What They Don’t Want to Hear • “I don’t want you to be caught off
guard . . .”
• “Here are some ways you can avoid potential challenges . . .”
• “This is the position they (the courts) have taken . . .”
• Use disclaimers
• Document (verb)
Maintaining Your Professional Integrity ? Maintaining Your
Professional Integrity ? • I will always follow the rules
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Maintaining Your Professional Integrity ? • I will always follow the rules
• I will tell my clients what they don’t want to hear, but I won’t rub their face in it
Maintaining Your Professional Integrity ? • I will always follow the rules
• I will tell my clients what they don’t want to hear, but I won’t rub their face in it
• I will be nonpartisan in reality and in appearance
Maintaining Your Professional Integrity ? • I will always follow the rules
• I will tell my clients what they don’t want to hear, but I won’t rub their face in it
• I will be nonpartisan in reality and in appearance
• I will not let something be falsely attributed to me
Maintaining Your Professional Integrity ? • I will always follow the rules
• I will tell my clients what they don’t want to hear, but I won’t rub their face in it
• I will be nonpartisan in reality and in appearance
• I will not let something be falsely attributed to me
• I will protect my professional reputation
Maintaining Your Professional Integrity ? • I will always follow the rules
• I will tell my clients what they don’t want to hear, but I won’t rub their face in it
• I will be nonpartisan in reality and in appearance
• I will not let something be falsely attributed to me
• I will protect my professional reputation
• I will never lie or break the law
The Relationship Between Legislative Attorneys and Non-legislators
Legislators often ask legislative attorneys to work with lobbyists, constituents, or other stakeholders when drafting legislation
Vlad
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Don’t Forget Who Your Client is
•Keep your client in the loop
Don’t Forget Who Your Client is
•Keep your client in the loop
•Don’t keep confidences from your client
Don’t Forget Who Your Client is
•Keep your client in the loop
•Don’t keep confidences from your client
•Don’t share information you don’t have authority to share
Don’t Forget Who Your Client is
•Keep your client in the loop
•Don’t keep confidences from your client
•Don’t share information you don’t have authority to share
•Advise, raise issues, discuss options
Don’t Forget Who Your Client is
2014
Questions? Thomas Vaughn Associate General Counsel Office of Legislative Research & General Counsel 801-538-1032 [email protected]
Rachele Hjelmaas Senior Legal Counsel Iowa Legislative Services Agency, Legal Division 515-281-8127 [email protected]