Initial Hearing on Separation of Powers and Legislative Oversight— House 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

2 Today’s agenda Separation of Powers and Legislative Oversight I.Purpose and Scope of Hearings—Rep. Elaine Coderre, Chair II.Legislative Oversight and Program Policy Evaluation of Executive Branch Performance—Survey of Other States—Gary Ciminero, House Policy Office III.Survey of Separation of Powers and Legislative Oversight in Rhode Island—Michael Civittolo, House Policy Office IV.Legislative Oversight—Current Case: House “Bay Trust Study Commission”—Sandra Whitehouse, House Policy Office

3 Purpose & Scope of Hearings Introductory Remarks: Purpose and Scope of Hearings Chair Elaine Coderre

4 Legislative Oversight and Program Policy Evaluation of Executive Branch Performance Legislative Oversight—Survey of Approaches in Other States Program Policy Evaluation—Survey of Approaches in Other States

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

6 Legislative Oversight Legislative Oversight—Survey of Approaches in Other States “Being a legislator doesn’t 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.]

7 Legislative Oversight — Full-time vs. Part-time Legislatures Oversight Capacity of Legislatures—“Red, White & Blue Legislatures” [NCSL—National 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 legislature’s staff

8 Legislative Oversight Capacity

9 Legislative Oversight Capacity — NCSL Categories “RED, WHITE & BLUE” LEGISLATURES—Categories 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.

10 Legislative Oversight Capacity —“ Red ” Legislatures “RED” LEGISLATURES—Characteristics: 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”

11 Legislative Oversight Capacity —“ White ” Legislatures “WHITE” LEGISLATURES—Characteristics: 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.

12 Legislative Oversight Capacity –“ Blue ” Legislatures “BLUE” LEGISLATURES—Characteristics: 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.

13 Legislative Oversight Capacity — States by NCSL Categories

14 Legislative Oversight Capacity — Summary of NCSL Categories —“ Time on the job ”

15 Legislative Oversight Capacity — 2003 Legislator Compensation

16 Legislative Oversight Capacity — Summary of NCSL Categories —“ Compensation ”

17 Legislative Oversight Capacity — 2003 Full- Time Staff per Legislator

18 Legislative Oversight Capacity — Summary of NCSL Categories —“ Staff per Member ”

19 Legislative Program Policy Evaluation of Executive Branch Performance Program Policy Evaluation—Approaches in Other States –Special standing committees –Auditor General –Inspector General

20 Legislative Program Policy Evaluation — Definition of Imperative “Among the many roles that state legislatures play— passing laws, appropriating funds, and debating public policy—is 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).

21 Legislative Program Policy Evaluation of Executive Branch Performance — Evaluation Entities

22 Legislative Program Policy Evaluation of Executive Branch Performance — Evaluation Entities, cont.

23 Legislative Program Policy Evaluation of Executive Branch Performance — Governing Body

24 Legislative Program Policy Evaluation of Executive Branch Performance — Governing Body, cont.

25 Legislative Program Policy Evaluation of Executive Branch Performance — Main Products.

26 Legislative Program Policy Evaluation of Executive Branch Performance — Main Products, cont.

27 Legislative Program Policy Evaluation of Executive Branch Performance — Main Products, cont.

28 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. 2.What is Separation of Powers? 3.Referendum to be voted on in November removes legislators or persons appointed by them from boards and commissions which perform executive functions. 4.Oversight by Legislative branch

29 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.

30 Survey of Separation of Powers and Legislative Oversight in Rhode Island What is Separation of Powers?

31 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.

32 Survey of Separation of Powers and Legislative Oversight in Rhode Island Oversight by Legislative branch