6/24/2014
Remaining Nonpartisan in an Increasingly
Partisan Environment
June 25, 2014
PRESENTED BY: THOMAS VAUGHN & RACHELE HJELMAAS
Presenters
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.
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.
Dial 888-437-3195 for the webinar audio
What Does it
Mean to be
Nonpartisan?
Nonpartisan v.
Bipartisan
2014
2014
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:
Nonpartisan
Synonyms:
Not partisan, free from
party affiliation, bias, or
designation
Candid, equal, equitable,
evenhanded, impartial,
just, fair, objective,
unbiased, unprejudiced.
–Merriam Webster
–Merriam Webster
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Why is the distinction
important?
Why is the distinction
important?
• Recognizes “factions” or
“interests” within and across
parties
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Why is the distinction
important?
Why is the distinction
important?
• Recognizes “factions” or
“interests” within and across
parties
• Recognizes “factions” or
“interests” within and across
parties
o
Liberal, moderate, conservative
o
o
Liberal, moderate, conservative
Formal or informal caucuses
based on ideals, philosophies,
issues, geography, rural v. urban,
House v. Senate
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Why is the distinction
important?
Why is the distinction
important?
• Recognizes “factions” or
“interests” within and across
parties
•Focuses on what your goals as
a member of legislative staff
should be:
o
o
o
Liberal, moderate, conservative
Formal or informal caucuses
based on ideals, philosophies,
issues, geography, rural v. urban,
House v. Senate
Who is your client?
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Why is the distinction
important?
Why is the distinction
important?
•Focuses on what your goals as
a member of legislative staff
should be:
o
Not to further the interest
of a party or parties
•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
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The benefits of
nonpartisan staff
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The benefits of
nonpartisan staff
• Not competing to persuade
members to take certain
public policy positions
The benefits of
nonpartisan staff
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
• Preserving Institutional
Memory
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The benefits of
nonpartisan staff
Challenges to
Remaining
Nonpartisan
• Preserving Institutional
Memory
o
Promotes efficiency &
encourages proactive
rather than reactive
staffing skills
Perspectives from
different states
Iowa’s political
environment and
legislative staff structure
Challenges to
Remaining
Nonpartisan
Iowa’s Perspective
Kittisak / FreeDigitalPhotos.net
Iowa’s political
environment and
legislative staff structure
Iowa’s political
environment and
legislative staff structure
• “Split” legislature
• “Split” legislature
• Partisan and nonpartisan
staff
Kittisak / FreeDigitalPhotos.net
Kittisak / FreeDigitalPhotos.net
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Challenges: Bill
drafting
Iowa’s political
environment and
legislative staff structure
• “Split” legislature
• Partisan and nonpartisan
staff
• LSA: Centralized
nonpartisan staff
Kittisak / FreeDigitalPhotos.net
digitalart / FreeDigitalPhotos.net
Challenges: Bill
drafting
Challenges: Bill
drafting
• Bill drafting priority and deadline
concerns
• 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
digitalart / FreeDigitalPhotos.net
Challenges:
Providing legal
services in the
legislative environment
• Bill draft requests with
constitutional or other legal issues
• Confidential bill drafts and
confidentiality policies
digitalart / FreeDigitalPhotos.net
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Challenges:
Providing legal
services in the
legislative environment
Challenges:
Providing legal
services in the
legislative environment
• Who do we serve?
• Who do we serve?
o
Challenges:
Providing legal
services in the
legislative environment
Preserving authority of both
Houses to make own rules
Challenges to
Remaining
Nonpartisan
• Who do we serve?
o
o
Preserving authority of both
Houses to make own rules
Protecting legislative privileges of
members
Large Majority of One
Party in Both Houses
Utah’s Perspective
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
Large Majority of One
Party in Both Houses
•Pressure to “give in” to
“political reality”
•Pressure to “give in” to
“political reality”
•Relevancy
•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
• We constantly remind them that we
are nonpartisan
Functioning in a State
With a Large Majority
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
• Communicate equally with all Parties
and all parties
Polarization: Not Just
a National Problem
• 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
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Polarization: Not Just
a National Problem
• “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
Polarization: Not Just
a National Problem
• “My way or the highway”
• “My way or the highway”
• Legislators want you on their
side
• Legislators want you on their
side
• Legislators don’t accept the
courts’ opinion
• Legislators don’t accept the
courts’ opinion
• “Only tell me what I want to
hear”
Educate
Educate
• Explain your role
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Educate
Being “On Their Side”
as Nonpartisan Staff
• 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
• 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
Telling Them What
They Don’t Want
to Hear
• “I don’t want you to be caught off
guard . . .”
• “I don’t want you to be caught off
guard . . .”
• “Here are some ways you can avoid
potential challenges . . .”
• “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
Telling Them What
They Don’t Want
to Hear
• “I don’t want you to be caught off
guard . . .”
• “I don’t want you to be caught off
guard . . .”
• “Here are some ways you can avoid
potential challenges . . .”
• “Here are some ways you can avoid
potential challenges . . .”
• “This is the position they (the courts)
have taken . . .”
• “This is the position they (the courts)
have taken . . .”
• Use disclaimers
• 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
?
Maintaining Your
Professional Integrity
• I will always follow the rules
• 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 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
?
Maintaining Your
Professional Integrity
• I will always follow the rules
• 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 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 be nonpartisan in reality and in
appearance
• I will not let something be falsely attributed to
me
• 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
?
The Relationship
Between Legislative
Attorneys and Nonlegislators
Legislators often ask legislative
attorneys to work with lobbyists,
constituents, or other stakeholders
when drafting legislation
• I will never lie or break the law
Vlad
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Don’t Forget Who
Your Client is
Don’t Forget Who
Your Client is
• Keep your client in the loop
Don’t Forget Who
Your Client is
Don’t Forget Who
Your Client is
• Keep your client in the loop
• Keep your client in the loop
• Don’t keep confidences from
your client
• 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
Questions?
• Keep your client in the loop
• Don’t keep confidences from
your client
• Don’t share information you
don’t have authority to share
Rachele Hjelmaas
Senior Legal Counsel
Iowa Legislative Services Agency, Legal
Division
Thomas Vaughn
Associate General Counsel
Office of Legislative Research & General
Counsel
515-281-8127
801-538-1032
[email protected]
[email protected]
• Advise, raise issues, discuss
options
2014
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