Initial Hearing on Separation of Powers and Legislative OversightHouse Policy Staff Briefings

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Initial Hearing on Separation of Powers and
Legislative OversightHouse Policy Staff
Briefings

• Gary Ciminero, Michael Civittolo and Sandra
  Whitehouse
• Rhode Island House Policy Office
• Before the
• Rhode Island House Committee on Separation of
  Powers
• March 10, 2004

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Todays agenda

• Separation of Powers and Legislative Oversight
• Purpose and Scope of HearingsRep. Elaine
  Coderre, Chair
• Legislative Oversight and Program Policy
  Evaluation of Executive Branch PerformanceSurvey
  of Other StatesGary Ciminero, House Policy
  Office
• Survey of Separation of Powers and Legislative
  Oversight in Rhode IslandMichael Civittolo,
  House Policy Office
• Legislative OversightCurrent Case House Bay
  Trust Study CommissionSandra Whitehouse, House
  Policy Office

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Purpose Scope of Hearings

• Introductory Remarks Purpose and Scope of
  Hearings
• Chair Elaine Coderre

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Legislative Oversight and Program Policy
Evaluation of Executive Branch Performance

• Legislative OversightSurvey of Approaches in
  Other States
• Program Policy EvaluationSurvey of Approaches in
  Other States

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Legislative Oversight

• Legislative Oversight
• Survey of Approaches and Resources in Other
  States
• Full-time vs. Part-time Legislatures
• Legislative Capacity Measures
• Staff Resources

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Legislative Oversight

• Legislative OversightSurvey of Approaches in
  Other States
• Being a legislator doesnt just mean attending
  legislative sessions and voting on proposed laws.
  State legislators also spend large amounts of
  time assisting constituents, studying state
  issues during the interim and campaigning for
  election. These activities go on throughout the
  year. Any assessment of the time requirements of
  the job should include all of these elements of
  legislative life. What Happened to the
  Citizen in the Citizen Legislature, State
  Legislatures, July-August 2003, pg. 7, National
  Council of State Legislatures.

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Legislative OversightFull-time vs. Part-time
Legislatures

• Oversight Capacity of LegislaturesRed, White
  Blue Legislatures NCSLNational Legislative
  Program Evaluation Society, spring 2000 study.
  Updated to 2003.
• NCSL looked broadly at the capacity of
  legislatures to function
• as independent branches of government
• capable of balancing the power of the executive
  branch
• having the information necessary to make
  independent, informed policy decisions
• Measure of capacity of legislatures is based on
• amount of time legislators spend on the job
• the amount they are compensated
• the size of the legislatures staff

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Legislative Oversight Capacity

•  

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Legislative Oversight CapacityNCSL Categories

• RED, WHITE BLUE LEGISLATURESCategories
• Red legislatures require the most time of
  legislators,
• usually 80 percent or more of a full-time job
• 11 largest states.
• White Legislatures are hybrids. Legislatures in
  these states typically say that they
• spend about two-thirds of their time being
  legislators
• 23 mid-sized states.
• Blue Legislatures require the average lawmaker to
• spend about half-time doing legislative wor
• remaining smaller states.  

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Legislative Oversight CapacityRed Legislatures

• RED LEGISLATURESCharacteristics
• Red legislatures require the most time of
  legislators
• Usually 80 percent or more of a full-time job.
• They have large staffs.
• In most Red states, legislators are paid enough
  to make a living without requiring outside income
• These legislatures are the most professional
  ones.
• Most of the nation's largest population states
  fall in this category.
• Red vs. Red Lite Due to marked differences
  within the category it is subdivided into
• Red legislatures with more professional
  members than
• Legislatures categorized in Red Lite

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Legislative Oversight CapacityWhite
Legislatures

• WHITE LEGISLATURESCharacteristics
• Typically spend about two-thirds of their time
  being legislators.
• Their income from legislative service is usually
  inadequate to make a living without having other
  sources of income.
• Have intermediate sized staffs.
• States in the middle of the population range tend
  to have White legislatures.

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Legislative Oversight CapacityBlue Legislatures

• BLUE LEGISLATURESCharacteristics
• The average lawmaker typically spends about
  half-time doing legislative work.
• Typically low compensation requires them to have
  other sources of income in order to make a
  living.
• Have relatively small staffs.
• They are often called traditional or citizen
  legislatures
• Usually smallest population, more rural states.
• Blue vs. Blue Lite The category it is
  subdivided into
• Blue, which are most traditional citizen
  legislatuires.
• Legislatures categorized in Blue Lite are
  somewhat less traditional or have other
  distinguishing characteristics.
•  

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Legislative Oversight CapacityStates by NCSL
Categories

•  

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Legislative Oversight CapacitySummary of NCSL
CategoriesTime on the job

•  

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Legislative Oversight Capacity2003 Legislator
Compensation

•  

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Legislative Oversight CapacitySummary of NCSL
CategoriesCompensation

•  

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Legislative Oversight Capacity2003 Full-Time
Staff per Legislator

•  

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Legislative Oversight CapacitySummary of NCSL
CategoriesStaff per Member

•  

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Legislative Program Policy Evaluation of
Executive Branch Performance

• Program Policy EvaluationApproaches in Other
  States
• Special standing committees
• Auditor General
• Inspector General

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Legislative Program Policy EvaluationDefinition
of Imperative

• Among the many roles that state legislatures
  playpassing laws, appropriating funds, and
  debating public policyis the fundamental
  responsibility to oversee government operations
  and ensure that public services are delivered to
  citizens in an effective and efficient manner.
  This accountability role is essential to ensuring
  the trust that citizens place in government.
• Ensuring the Public Trust How Program
  Evaluation is Serving State Legislatures, NCSL,
  National Legislative Program Evaluation Society,
  (2000). www.ncsl.org/programs/nlpes/research/surve
  y/survey.htm

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Legislative Program Policy Evaluation of
Executive Branch PerformanceEvaluation Entities
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Legislative Program Policy Evaluation of
Executive Branch PerformanceEvaluation Entities,
cont.
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Legislative Program Policy Evaluation of
Executive Branch PerformanceGoverning Body
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Legislative Program Policy Evaluation of
Executive Branch PerformanceGoverning Body, cont.
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Legislative Program Policy Evaluation of
Executive Branch PerformanceMain Products.
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Legislative Program Policy Evaluation of
Executive Branch PerformanceMain Products, cont.
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Legislative Program Policy Evaluation of
Executive Branch PerformanceMain Products, cont.
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Survey of Separation of Powers and Legislative
Oversight in Rhode Island

• 1.     Background and summary of events leading
  up to placing of Separation of Powers referendum
  on ballot.
• What is Separation of Powers?
• Referendum to be voted on in November removes
  legislators or persons appointed by them from
  boards and commissions which perform executive
  functions.
• Oversight by Legislative branch

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Survey of Separation of Powers and Legislative
Oversight in Rhode Island

• Background and summary of events leading up to
  placing of Separation of Powers referendum on
  ballot.

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Survey of Separation of Powers and Legislative
Oversight in Rhode Island

• What is Separation of Powers?

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Survey of Separation of Powers and Legislative
Oversight in Rhode Island

• Referendum to be voted on in November removes
  legislators or persons appointed by them from
  boards and commissions which perform executive
  functions.

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Survey of Separation of Powers and Legislative
Oversight in Rhode Island

• Oversight by Legislative branch