The Thicket at State Legislatures

Book Review: Fair, Balanced...and Dead

by Tim Hodson

There is a new addition to that small genre of mystery novels set in state capitols and involving legislatures.  Fair, Balanced …and Dead is the first novel by Steve Swatt, a long-time political reporter, now retired, for a Sacramento television station.    Swatt is following the path of John Feinstein (Running Mates) and Tony Hillerman (The Fly on the Wall) both of whom were political reporters whose early novels featured political reporters investigating murders.  In Swatt’s case, of course, the hero is a TV reporter confronting both deadly political games and a news industry increasingly disinterested and disdainful of political coverage.

A veteran U.S. Senator has died and the Republican Governor of California must select a replacement.  Various candidates emerge but the strongest are Johnny Callahan, the young charismatic Speaker of the state Assembly, whose conservatism is tempered by pragmatism and an acute awareness of being a Republican in a Democratic majority state, and Harold Barnes, an older legislator who is the champion of the right.

Allegations of a sex scandal involving the Speaker surface and TV reporter Jack Summerland is forced by a ratings-driven station to report the story.  The story proves to be untrue, embarrassing Summerland but allowing Callahan to appear the aggrieved victim.  More damaging stories follow leading Summerland to investigate the allegations, their source and a body found floating in the American River.  Dirty tricks by Barnes?  Machiavellian tactics by the Speaker’s staff?  Ancient grudges?  The work of a group of Southern California millionaires anxious to launch Callahan on a path to the White House?   

The Mace as a Symbol of Authority

by Karl Kurtz

On a visit to Virginia's marvelously historic and beautifully restored state capitol last week, I saw a mace on display in a glass case in the old House chamber.  Sitting next to it was a stack of bookmarks, available for the curious visitor, entitled "The Symbol of Authority."  Here are excerpts from that bookmark, one of a series of clever informational handouts produced by Clerk of the House Bruce Jamerson:

During the Middle Ages, the mace was introduced as a weapon of war.  Medieval bodyguards, known as sergeants-at-arms, carried maces to protect kings and high officials in processions among the people.  Gradually, more useful weapons replaced the mace.  In the fourteenth century, the mace had become an ornament of beauty made of precious metals and decorated with jewels.  Thus, the mace evolved into an object that was symbolic of royal authority and power.  The British House of Commons was the first body to use the mace in this manner.

The current mace of the House of Delegates is a symbolic successor to the silver ceremonial mace that was presented to the Virginia House of Burgesses by the royal governor in 1700.  The silver mace was sold after the Revolution as the legislators felt that it too strongly represented links to the royal past.  The House met without a mace for nearly 180 years.

In 1974, the current mace was purchased in England by the Jamestown Yorktown Foundation and presented to the House of Delegates....

During current legislative sessions, the sergeant-at-arms carries the ten-pound mace into the chamber and places it into a cradle in front of the Speaker’s desk....

I knew that the U. S. House of Representatives displays a mace on a pedestal next to the speaker, but I didn't know about state legislative use of this symbol.  I asked Bruce Jamerson about it and he said that the only other legislature with a mace that he knew about was the South Carolina House of Representatives, which, unlike Virginia, still has its original symbol.  Sure enough, the South Carolina House website says that its mace, purchased in England in 1756 by the "'Commons House of Assembly of the Province of South Carolina' for 90 guineas," is the oldest one in legislative use in the United States.

When I returned to the office I asked the same question that I had put to Bruce and was not surprised to find that my colleague, Kae Warnock, knower of all things state capitol, had the answer. Three other legislative chambers besides the U.S., Virginia and South Carolina houses use the mace as a symbol of authority: the Pennsylvania House and Senate and the Maryland House of Delegates.

The Simpsons--of Wyoming

by Karl Kurtz

Pete and Al Simpson, both in their late 70s, are 3rd generation members of a family with a proud tradition of public service to the state of Wyoming.  Both served in the state legislature, and Al was a U.S. senator (as was his father before him) from 1979 to 1997.  They are known for their wit and humor.

Planet JH Weekly (Jackson Hole) recently interviewed the two of them at length and reported it in "The Simpsons."  Much of the interview is Wyoming-specific, but here are a few gems about legislatures and governing from the story:

On legislating vs. governing:

Al: I couldn’t govern. It would be impossible for me. I couldn’t administer my way out of a paper bag. But I sure could legislate. I learned it in the Wyoming legislature. There’s a craft, a skill to legislating. It’s a sport and I enjoyed it thoroughly but I could never have been a good governor or mayor or anything else.

JHW: Yet you were tapped as a possible VP candidate for Bush in 1988?

Al: My name was in the mix. Pete and I met [George H.W.] Bush in ’62 when our father took over his father’s (Prescott Bush) office. We’re very close. So I called him and said, “I see my name popping up here and there, but go ahead and take my name off the list, George, I don’t want any part of it. I’d be at the funeral of every dead leader in [the world].

Experiments in Social Media

by Gene Rose

Last week, three of NCSL's staff sections met in Austin, Texas, for their annual professional development seminars. State legislative staff representing public information, leadership and information technology sectors met to discuss key issues and trends in their chosen fields.

For the public information officers, much of the conference--including a one-day boot camp--focused on social media outreach. While recognizing there is significant resistance to 140-character conversations in the state legislative realm, there was even a greater sense that this new method of communication is being embraced by a significant number of legislators, staff and constituents. And, most agreed, those that don't recognize it as a critical communications tool are choosing to ignore an important audience.

NCSL staff decided to experiment on site to see what kind of response we would get by using social media to communicate with attendees and those who could not be in Austin to join us.

First, using a $100 video camera, we conducted more than 20 video interviews with faculty and attendees on site and posted them on our NCSL Facebook page. We heard  from some legislative staff who could not attend the meeting, wishing they could be there to share in the learning opportunities that the attendees highlighted. And the speakers really appreciated being interviewed, with many of them choosing to take the videos and post them on their own websites or Facebook pages.

Second, we announced that attendees and faculty use Twitter during the meeting. We set up a special hashtag (a set of characters that allows anyone online to follow what is being written about during the meeting) and encouraged its use. The #ncsl20 hashtag generated dozens of comments, including from people that could not attend the meeting.

All of this was done with minimal investment and a relatively low amount of staff time. The payoff--increased interest in the meeting and creating greater interaction between attendees, faculty and non-attendees--seems to have been well worth the effort.

We believe our experiments were successful and welcome suggestions to engage NCSL audiences--both on and off site--at future meetings. Share your thoughts in the comments link below.

Baby Boomers Dominate in State Legislatures

by Morgan Cullen

Our analysis of state legislator ages in 2008 shows that 47.9% of legislators presently serve between the ages of 50-64 years of age. This age range accounts for nearly half of all legislators presently serving and is almost two times larger than any other age group.

There are many contributing factors to why a majority of legislators decide to run for elected office during this period of their lives. Candidates running for office from this age group have a broad range of professional experience making them more electable. Family responsibilities have often been significantly reduced since children are often fully grown. And the 50-64 age group is also the most financially stable, a benefit of many productive years in the workforce. According to US Census data, this age group only makes up 17.5% of the total US population which is significantly less than their representation in state legislatures.

Conversely, only 3.8% of legislators nationwide fall into the 20-34 year old category (and less than 1% are under 30 years of age). This is by far the lowest percentage of any other age group. There are several factors contributing to the low number of legislators serving in their 20s and early 30s but the most obvious is their lack of professional experience. Candidates seeking elected office during this period of their lives are at a competitive disadvantage to their older and more experienced opponents.

In Praise of Hobbes

An amusing resolution approved by the Oklahoma Senate:

STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE
RESOLUTION 57    By:    Branan

AS INTRODUCED

A Resolution praising Hobbes; wishing him well in his retirement; and directing distribution.

WHEREAS, Hobbes is an approximately 13-year-old male service dog, half Chesapeake Bay Retriever and half Golden Retriever, who has served as an assistance dog for the past ten and one-half years to Senate staff member, Charles Israel.  Hobbes was trained by Paws with a Cause in Wayland, Michigan, an organization which trains and provides assistance dogs nationally for people with disabilities, providing lifetime support and encouraging independence; and

WHEREAS, the Oklahoma State Senate staff and friends held an auction to pay for Hobbes.  The auction raised in excess of $20,000, which not only paid for Hobbes, but was able to assist in the purchase of service dogs for others in need; and

WHEREAS, Hobbes was welcomed by all as an integral member of the Senate family.  Charles, however, refused to change his own first name to “Calvin” in honor of the comic strip by the same title, as originally suggested by a fellow Senate staffer; and

WHEREAS, Charles adhered to the service dog guidelines that assistance dogs should not be petted, fed or distracted while working, but for the sake of diplomacy and public relations would allow it if an attractive young woman would ask to pet Hobbes; and

WHEREAS, Hobbes, following the behavioral patterns of fellow Oklahoma State Senate staffers, was always on the lookout for a free meal.  Hobbes relished searching wastepaper baskets for nourishment rather than standing in long lines for snacks, a free breakfast, or a complementary lunch with his fellow Senate staffers; and

WHEREAS, Hobbes, after ten and one-half years of service to both Charles and the Oklahoma State Senate, has retired from Senate duties and enjoys more relaxing duties at home.  Even in retirement, Hobbes is a devoted companion and consummate chick magnet.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE 1ST SESSION OF THE 52ND OKLAHOMA LEGISLATURE:

THAT the Oklahoma State Senate praises the dedication, loyalty, and hard work of Hobbes, who literally worked for dog treats and praise instead of a monetary reward.

THAT the Oklahoma State Senate wishes Hobbes the very best during his retirement from service on the Oklahoma State Senate staff.

THAT a copy of this resolution be distributed to Hobbes and his human, Charles Israel.

A rose from The Thicket to Tom Clapper.

The Old-fashioned Way Returns in Alabama

by Karl Kurtz

Tired of reading about new technologies, Twittering and blogging, electronic this and whiz-bang that?  The Alabama Legislature has gone back to the age of pen and paper, cutting (with scissors) and pasting (with glue) amendments, and calling the roll--and no air conditioning.  Not voluntarily, though. 

A heavy rainstorm this morning caused a flood in the basement of the State House, resulting in a loss of power. Not wanting to lose a valuable end-of-session day after it had already started, legislative leaders evacuated the State House and moved the session to the legislative chambers in the old capitol building, which look as they did when Alabama seceded from the Union in 1861.  The building has electricity but not much else in the way of technology.

Our eyewitness, Senate public information officer Mike Murphy, tells us that it has been nostalgic for the few members and staff who have been around long enough to remember the days of submitting amendments with paper and pen and calling the names of all 105 House members. 

Session has been called off for tomorrow, and the hope is that the Legislature can return to the State House next week.

For newspaper accounts, see The Birmingham News.

Photo of Alabama House meeting in old Capitol: Kim Chandler/Birmingham News.

The First Branch of Government: NCSL Film Rediscovered

by Pam Greenberg

The Minnesota Legislative Research Library has uncovered a lost treasure: a documentary film about the legislative process written and produced for NCSL in 1976 by  acclaimed documentary filmmaker Charles Guggenheim, whose Academy-award winning films included Nine From Little Rock, A Time for Justice, and The Johnstown Flood. 

The 30-minute documentary film, The First Branch of Government: From Grass Roots to Law, follows former Minnesota Representative Thomas Berg (photo) as he attempts to pass The Metropolitan Land Planning Act. 

Former Representative Ray Faricy converted the film from its original format to DVD and gave it to the library, which in turn converted it to a media file format and made it available to all through the Legislature’s website.

The film begins, “Every year, 7,565 Americans travel to their state capitals to work.  These citizen legislators carry with them the concerns and aspirations of their people—values which will ultimately determine the future of our children, our institutions and the quality of our land.  This is the story of one of them—and the men and women who have joined him in performing this work.”

"We came from beans, we can go back to beans."

by Karl Kurtz

Yesterday, as part of its series on the children of immigrants, NPR profiled California State Senator Abel Maldonado, who is one of the Republicans who broke with his party to cast the necessary votes to break California's budget impasse last month.  The story is one of three interesting articles about this legislator that I have read in the last month.

The NPR story begins:

In California, it can be tough to be a Republican. Tougher still if you're one who voted for the huge tax hike your party opposed. That's how state Sen. Abel Maldonado went from rising star to marked man in the GOP.

Maldonado was born in Santa Maria, but has stayed close to his Mexican roots. His family has a saying: "We came from beans, we can go back to beans," he says. His father never lets him forget the family's humble Mexican roots. Abel Sr. was a poor farmhand who came to central California on a World War II-era temporary worker program. The family spent years struggling.

The story goes on to discuss the price that Sen. Maldonado is likely to pay within his own party for his vote on the budget. It also references his hope that the vote might actually help him capture moderate Republican and Democratic votes if he runs for other offices.  But NPR didn't provide the crucial detail (for legislative junkies at least) about how Sen. Maldonado demanded that a constitutional amendment to create a blanket primary (in which all candidates of both parties run in the same primary) be placed on the ballot in return for his vote in favor of the budget. 

Wyoming Legislators Embrace Their Power to Convene

by Katie Ziegler

"How we make decisions has as much to do with success as what those decisions are." So said Roger Moe, former Minnesota Senate majority leader, at a recent workshop in Wyoming about collaborative governance. Wyoming legislators and community leaders gathered to learn how to work with all sectors--public, private, non-profit and everyday citizens–-to develop lasting solutions that go beyond what any group could achieve on its own. Lawmakers are finding this collaborative approach to be increasingly relevant in a political climate where traditional "top-down" decision making just doesn't work to resolve some difficult issues.

NCSL partnered with the Policy Consensus Initiative (PCI) to present this workshop recently in Wyoming, as well as in four other states and at the 2008 Legislative Summit.

Some of the essential principles of collaborative governance:

• Transparency and accountability to the public
• Equity and inclusiveness of all perspectives
• Effectiveness and efficiency of solutions
• Responsiveness to public concerns
• Neutrality of both the venue and facilitator of the discussion
• Consensus-based decision making.

Legislators have the community clout to convene a meeting at which all stakeholders have an equal voice and participants agree to the procedures they will use to develop a solution. Contrast this to the "traditional governance" model of a legislative hearing, where the lawmakers have the power and control the rules.

Indy Burke, the director of the Ruckelshaus Institute of Environment and Natural Resources at the University of Wyoming, described how universities act as the valuable "neutral forum" during a collaborative governance process. In Wyoming, where environment and energy issues are of particular relevance and can be a source of contention, the university provides objective information from faculty and staff experts. Universities also are a source of trained facilitators to lead discussions and are often centrally-located (and, again, neutral, compared to that hearing room) meeting places.

Burke demonstrated instant keypad polling technology (those aren't Blackberries in the hands of Rep. Rosie Berger and Sen. John Schiffer, center), a fun, "techy" way to ensure all voices are heard. The audience got to sound off about prairie dog population management (a much-debated topic in many Western states) while learning first-hand about an effective tool for connecting with their communities.