The Thicket at State Legislatures

Legislative Staff: Not Doing it for the Money

By Brian Weberg

State legislatures across the country are ramping up for the 2013 session with a focus on preparing new members, new committee chairs and new leaders for another challenging year of debate and policy making. New member orientations, briefings and trainings are taking place in just about every capitol.  Operating largely below the radar in each legislature is a cadre of legislative staff--hard-working public servants who make it their business to ensure that the new year gets off to a great start. 

Most of us at NCSL work closely with state legislative staff, and we have a special and privileged view into their work and workplaces.  We witness their high level of competence, skill, knowledge, education and experience.  We are also inspired by their remarkable level of engagement, dedication and loyalty to their work and to the legislative institution.  And we know that for many, if not most legislative staff, salary increases and promotions that slowed down or stopped four or five years ago have been slow to return.  Yet legislative staff seem to carry on, bringing their talent and passion to each new legislative session.

How do they do this?  Or, perhaps, the more appropriate question is why?  How do high-functioning professionals like legislative staff find motivation in an era of stagnant pay and benefits? 

Dan Pink offers some clues in his book Drive: The Surprising Truth about What Motivates Us. Pink says that research shows that for jobs similar to those held by legislative staff, money only gets you part of the way there.  The three keys to motivating and engaging employees, according to Pink, are what he calls Autonomy, Mastery and Purpose.  Now, he also adds a caution that money remains important as a motivator, but only up to a point.  People need to feel fairly compensated, but beyond that threshold, money's impact on motivation brings declining returns. Beyond the fair pay threshold, employees respond more to the intrinsic rewards delivered by being self-directed (Autonomy), applying advanced skills to tough challenges (Mastery) and by making a contribution to a larger good (Purpose).

Pink has prepared this clever video summary of his book: 

I think Pink's analysis explains a lot about why and how legislative staff remain so engaged in their work, even during tough economic times. It also provides staff managers and legislative leaders with three important benchmarks they can use to measure and improve the motivational conditions of their workplaces.  

At this time of year, when the focus is appropriately on the members and their needs, maybe a bit of time can be carved out to assess whether staff have what they need to bring their very best efforts to the difficult and challenging tasks ahead.  As economic conditions improve, legislatures should check to be sure that their pay levels do not lag behind the local job market.  But they also should not ignore, according to Dan Pink, the powerful motivational opportunity presented by promoting and encouraging employee autonomy, mastery and purpose. 

Continuing Changes in Veto-Proof Majorities and Partisan Control of Legislatures

By Karen Shanton

Since our post on veto-proof legislatures went to press, there have been a couple of noteworthy developments – one in Georgia and the other in New York – that could affect the political landscape. Here's a quick update on those developments.

Rep. Rusty Kidd

Following the November election, the Georgia House's sole independent, Representative Rusty Kidd, appeared to be considering a shift in party allegiances. Georgia Republicans had fallen just short of a two-thirds supermajority in the General Assembly, missing the mark by a single seat in the House. If Representative Kidd joined the GOP, he would tip the party over the two-thirds threshold. 

That possibility no longer seems to be on the table. Representative Kidd recently announced that he will remain independent.

In theory, this is a significant decision. In Georgia, legislators can override a gubernatorial veto or refer a constitutional amendment to the ballot with two-thirds of the vote. Adding Representative Kidd to their ranks would have given Republicans the numbers to exercise these powers unilaterally, without any input from state Democrats.

In practice, however, its impact may be limited. According to GPB News' Joshua Stewart, Representative Kidd was already considered a reasonably reliable Republican vote. And formally joining the GOP was unlikely to further increase his Republican vote tallies. As he told NBC's Amanda Castro before he announced his decision, "Some people think that automatically means just because you're one of 120 [members of the majority party], you're going to always vote with the majority. That's not the case." In addition, it's unlikely that the majority in the Georgia General Assembly will become so entangled with fellow Republican Gov. Nathan Deal that they need to override many vetoes.

Sen. Jeff Klein

A week or so ago, New York Democrats seemed to be on course to pick up majorities in both chambers of the state Legislature. They emerged from the election with a healthy majority in the state Assembly and 31 seats in the Senate. An additional two Senate races are undecided but are expected to go to the Democrats, leaving them with a slim edge in the 63-member Senate. 

However, Democrats' hold on the Senate has ended before it even began. Thanks to a recently-forged power-sharing agreement, a coalition of the Republican Party and the Independent Democratic Conference (IDC) will assume control of the New York Senate. Republican leader Dean Skelos and IDC leader Jeff Klein will alternate every two weeks as presiding officers of the Senate.

Sen. Dean Skelos

The effect this will have on public policy is uncertain. Traditional Democrats see it as a setback to a popularly-endorsed progressive agenda. Democratic spokesman Mike Murphy labeled it, "a coup against all New Yorkers who voted for Democratic control of the Senate and a progressive state government." However, IDC head Klein maintains that the group is "committed to seeing major pieces of progressive legislation pass in the Senate."

Trent Lott and Byron Dorgan Lobby for Bipartisanship in Washington

By Alex Fitsimmons

Former Sens. Trent Lott (R-Miss.) and Byron Dorgan (D-N.D.) have been on opposite sides of many political skirmishes over the years. But the senators joined forces Friday to fight for a cause they can both support: bipartisanship.

Addressing a group of more than 200 legislators and legislative staff at the plenary session of the National Conference of State Legislatures’ (NCSL) Fall Forum in Washington, D.C., Lott and Dorgan stressed the importance of reaching across the aisle to address a wide range of issues, from the fiscal cliff to energy reform.

Describing himself as an “incurable optimist,” the former Senate Majority Leader predicted Washington would strike a short-term deal to avert the fiscal cliff, a mix of tax hikes and spending cuts set to take effect at the end of the year. 

"I believe they will get an agreement," said Lott. "It will be minimal. It will be a long punt."

Lott and Dorgan, who co-chair the Energy Project at the Bipartisan Policy Center (BPC), endorsed an “all of the above” approach to energy reform. Each emphasized different aspects of energy policy – Lott pushed for more oil, natural gas, and coal, while Dorgan talked up renewables – but they both recognized the need for a balanced plan that borrows the best ideas from all sides.

“This economic engine that makes things possible in America is fueled by energy,” said Dorgan, adding that the BPC plans to unveil its comprehensive energy strategy this winter.

Taking questions from the audience, the pair identified numerous issues ripe for bipartisan compromise, including tax reform and filibuster reform. On tax reform, Lott believes Congress could tackle the issue by the end of 2013. On the filibuster, both agreed that current Senate rules foster discord, though they urged Congress to be circumspect in making any changes.

 “The lubricant of democracy is compromise,” said Dorgan.

Leadership intrigue...and more cool maps

by Tim Storey

Many legislative leaders are now being selected for next year's sessions. I hope to do a full rundown soon highlighting many of them. The leadership race with probably the most intrigue is playing out in the New York Senate. It appeared on election day that Democrats might have regained control of the body that was held 32 R - 30 D before the election. The New York Senate expanded to 63 members in this post-redistricting election, so Democrats needed to win 32 seats to claim the majority.

Two New York Senate races are still undetermined.  Not knowing election results soon after the election is becoming a tradition in New York as is a battle royale for the leaders post. Democrats lead in the two outstanding races and could emerge with a clear numerical majority. However, Brooklyn Democrat Simcha Felder has announce that he will caucus with the Republicans and support current Senate Majority Leader Dean Skelos, a Republican, to continue as the chamber's leader. In addition, Senator Skelos might get other Democrats to back him. Here's a pretty good overview from National Journal's Hotline as of Thursday afternoon, Nov. 15th. It looks like it will take a while for this to sort itself out.

In another chamber with close partisan numbers, the Arkansas House voted today to withdraw the title of Speaker-designate from Democratic Representative Darrin Williams. Republicans won 51 seats in the 100 member body in this election. In a second vote, the House, by a secret ballot vote of 53 to 45, chose Republican Davy Carter as the Speaker-designate over Republican Terry Rice. It appears that Carter received the votes of all or most of the chamber's Democrats to win. A run down of the House leadership election is at Arkansas' Talk Business website.

And in a note unrelated to legislative leaders, here are some cool maps from a professor named Mark Newman at the University of Michigan depicting the presidential results from last week.  They unfortunately do not include Alaska and Hawaii which is a big oversight...no pun intended. However, they do show county results that are really interesting to compare to this amazing precinct results map from 2008 from Stanford.

 

Stay Tuned on Control of Arkansas House and New York Senate

By Karl Kurtz

Based on preliminary election returns, we have put the Arkansas House in the Republican column and the New York Senate on the Democratic ledger. Both of these would be switches in party control. But both of them hang by a thread.

From Arkansas blogger Jason Tolbert:

Right now, Republicans have the lead with 51 seats in the House, but it is not quite over.  The fight for the 51st seat as well as the Speaker’s chair continues.

In House District 52, Republican John Hutchison leads by only about 49 votes. According to the Secretary of State website, the race is 5,048 votes for Hutchison and 5,004 for his Democratic opponent L.J. Bryant.  In addition, the Craighead County Election Commission approved 13 out of 49 provisional ballots early this morning that put Hutchison up another 5 votes.  I am hearing there are also 4 military ballots that could come in....

But what is clear is that Hutchison’s seat is necessary for the Republicans to have a clear 51-seat majority in the 100-seat Arkansas House.  It is certainly expected that Bryant will call for a recount since that seat is critical.  He has three days to so.  If the recount is unsuccessful, Bryant has to pay for the cost, but I am sure he could get some help with that from Democratic supporters....

With the 51st seat up in a razor-thin lead, Democratic Speaker-designate Rep. Darrin Williams issued an interesting statement that signals he is not ready to give up his chair to the Republican’s choice of Rep. Terry Rice just yet or maybe even anytime soon.

And from the New York Times:

Democrats on Wednesday began preparing to lead the New York State Senate after shocking the political establishment with strong performances in a number of contests on Tuesday.

But Republicans said they believed that uncounted absentee ballots would allow them to retain their majority, and political experts warned that even if Democrats won a numerical majority, their membership was so fragmented that they might be unable to win a leadership election in the Senate.
 Republicans currently hold 33 of the 62 seats in the Senate. On Tuesday, Democrats had clearly won 31 seats and Republicans 30 in a chamber that will grow to 63 seats next year because of redistricting....

Sen. Stephen Saland is a former president of NCSL. Photo credit: Nathaniel Brooks for the New York Times

In the two remaining races, Democrats were ahead: In the Poughkeepsie area, the Democrat, Terry W. Gipson, led Senator Stephen M. Saland, a Republican, by about 1,600 votes. In the new, 63rd district in the capital region, the Democrat, Cecilia F. Tkaczyk, led the Republican, George A. Amedore Jr., a state assemblyman, by about 140 votes.

Sen. Saland's race was complicated by the fact that the Republican whom he defeated in a hard-fought primary, Neil DiCarlo, ran in the general election on the Conservative line and received 14 percent of the vote.

The Times story goes on to report on factions within the Democratic party and the possibility of some Democrats voting with Republicans to control the chamber.

Legislative Leaders Share Stories, Offer Lessons on Leadership

By Alex Fitzsimmons

Tennessee Senate

“Another fine mess I’ve gotten myself into,” thought Representative Sheila Oliver after being sworn in as speaker of the New Jersey General Assembly. The audience knew she was joking, but the message was clear: Being a leader is tough, but somebody’s got to do it.

Speaking at the National Conference of State Legislatures’ 2012 Legislative Summit on Wednesday, prominent state legislators discussed what it means to be a leader. The speakers agreed the keys to successful legislative leadership include working with the minority party and mentoring the next generation of leaders.

“Even when you have a large majority, you need to let the minority feel it has a voice,” said Florida Senate President Michael Haridopolos. As a sign of respect for his colleagues across the aisle, Haridopolos said he took the door to his office off its hinges, literally creating an open-door—or maybe no-door--policy.

All of the speakers, including Indiana Senate President Pro Tempore David Long, New Hampshire House Minority Leader Terie T. Norelli and Tennessee Lt. Governor and Speaker of the Senate Ron Ramsey, agreed working across the aisle is an important part of the job.

But working with the other party isn’t the only challenge facing legislative leaders. Sometimes the fiercest political opponents come from within a leader’s own party. Oliver learned this lesson the hard way after a faction of legislators within her own party tried--and failed--to oust her from the speakership. Instead of ostracizing her opponents, Oliver tried to accommodate their concerns.

Stressing the importance of training future legislative leaders, Rhode Island Senate President Teresa Paiva-Weed said one of the first things a new leader should do is get to know the freshman legislators. Over time, she said the legislators with leadership potential will “come to the surface.”

Haridopolos, quoting the Pixar film “A Bug’s Life,” offered the audience a short and sweet lesson in leadership. Just remember, he said, “Everything is your fault.”

Indiana House Leadership Change

by Tim Storey

Rep. Linda Lawson

In a move that had been rumored for a week or two, the Democratic caucus of the Indiana House voted today to change leaders. They chose Representative Linda Lawson as the interim minority leader until at least the November election. Rep. Lawson (pictured) replaces longtime House Democratic Leader Pat Bauer in the role as leader. A press release put out by the Indiana House Democrats described Rep. Lawson as, "a 24-year veteran of the Hammond Police Department, becoming the first female captain to serve the department after working as a patrol officer and a member of the sex crimes and domestic violence divisions." Bauer, who had been either minority leader or speaker since 2002, will continue to serve in the House.

A complete list of all current legislative leaders is available on NCSL's website here.

 

Delaware Speaker Bob Gilligan to Retire after 40 years in the House

by Angela Andrews

The last day of session can end one of two ways – with little fanfare or with a bang! A bang is how the Delaware House of Representatives adjourned its session at the end of June, when Speaker Bob Gilligan stunned his colleagues by announcing that he planned to retire from legislative service and that this session would be his last.

Speaker Gilligan has the distinction of being the longest serving member in the history of the Delaware General Assembly, having served 40 consecutive years. Elected to office in 1972 at the age of 29, he has served as a member of the Joint Finance Committee and as minority Whip, minority Leader, majority leader and, finally, was elected Speaker in 2008. He's known for always starting session on time, exactly at 2 p.m.

The Speaker, who had filed papers to run for his 21st term, cited his desire to spend more time with his family, including his grandchildren, as the main reason for his retiring.

I've had the pleasure of meeting Speaker Gilligan a few times during my visits to Legislative Hall. The last time was in January of this year, right after his 70-40 party, celebrating his 70^th birthday and his 40 years of legislative service. During our meeting, the Speaker spoke fondly of his family, including the upcoming summer arrival of a grandchild. It was clear that beyond serving in the legislature, his passion is his family.

Angela Andrews works in NCSL's Legislative Management program and serves as liaison to the Delaware General Assembly.

Cook, Rove, Zandi Address Legislators at June 2012 Leaders Meeting

by Alex Fitzsimmons

State legislators, especially legislative leaders, lead busy lives. In the typical legislative session, house speakers and senate presidents have little time to reflect on what it means to be a leader.

That's why NCSL hosted America's top legislative leaders in Washington, D.C. for the June 2012 Legislative Leadership Meeting. With the help of a generous grant from NCSL's Foundation for State Legislatures, leaders spent three days learning and sharing their concerns and challenges with fellow policymakers.

The meeting featured a star-studded lineup that included National Journal columnist Charlie Cook, Fox News Analyst Karl Rove, and Moody's Chief Economist Mark Zandi. In addition, legislative leaders met with U.S. Education Secretary Arne Duncan for a conversation about the state-federal education partnership.

After addressing the leaders, Mark Zandi and NCSL's Michael Bird discussed how federal deficit reduction plans might affect states.

NCSL also asked Charlie Cook, publisher of the Cook Political Report, to expound on his remarks about the 2012 presidential election.

NCSL interviewed Karl Rove at the December 2011 Leaders Meeting in Puerto Rico after the Republican political strategist spoke with legislative leaders about the 2012 election and the important issues facing the country.

NCSL typically hosts meetings specifically for leaders twice a year.

A Majority of State Legislators May Have Two Years or Less of Experience in 2013

by Karl Kurtz and Tim Storey

The combination of unusually high turnover in the membership of state legislatures after the 2010 election and anticipated high rates of churn after the redistricting election of 2012 makes it likely that approximately half of all state legislators will have served for two years or less at the start of 2013 legislaitve sessions. The 2010-12 cycle almost certainly will result in the highest rate of turnover in state legislatures over two elections in the last 50 years.

How do we arrive at this conclusion? The 2010 nationwide surge of Republican gains in state legislatures resulted in a high water mark of 29 percent for membership turnover in a non-redistricting year. For the upcoming 2012 election, the average rate of turnover in legislatures in years ending in "2" in the last three redistricting cycles is 30 percent. We have no reason to believe that 2012 will be any different.

Combining these two election results, it seems likely that about half of all legislators will be freshman or sophomore members in their chambers. Unfortunately, though, we can't simply add together the numbers from the two elections to produce a more definite number and avoid weasel words like "may" or "seems likely." There are four reasons for this:

1. The 2012 election could turn out to be different from previous post-redistricting elections. Predicting any kind of election results is notoriously difficult.
2. Many of the seats that will turn over in 2012 also had new members after the 2010 election. The result in each of these districts will be a legislator elected with no previous experience, but if we add 2010 and 2012 turnover together, we would be counting that seat twice in our tally of inexperienced members in 2013.
3. Some new members elected to one chamber in a state will have had experience serving in the other chamber, so we must be careful not to exaggerate the inexperience levels.  For example, 29 of 38 members (76 percent) of the Michigan Senate were new to that body after the 2010 election. But 14 of them had previous experience in the House, so the real rate of legislative inexperience in the Senate was 39 percent (15 of 38 members). 
4. In a relatively small number of cases, legislators with previous experience who have been out of the legislature may return to run again. This is especially likely in the nine states with term limits based on consecutive service (not lifetime limits). For example, despite eight year (consecutive) term limits for the Ohio House, Speaker William Batchelder is now in his 37th year of legislative service because he sat out for a while and then returned to the General Assembly. Our turnover data would have counted him as a new member in the year that he returned.

Despite these caveats, we are confident in our conclusion that very close to half or more of all state legislators will have less than two years of experience after the 2012 election. Of course, not every state will have high levels of inexperience, but it is a warning to leaders and legislative staff (and NCSL and other national organizations) that there is a need to expand training and professional development opportunities for the influx of freshman and sophomore legislators.

Coincidentally, over at Governing magazine Lou Jacobson posted a column on the same subject today. It's a good piece that goes into more depth about anticipated turnover in specific states and the consequences of inexperience. We take a somewhat different view of the causes of this unusual two-election turnover cycle, though. We suggest that it is more due to the Republican sweep of 2010 and redistricting in 2012 than it is term limits and redistricting. Term limits have of course increased turnover, but the waves of turnover come in different years in different states and cannot by itself account for the anticipated 2010-12 turnover phenomenon.