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Departing
Legislators Proffer Advice to Assembly
Newbies
by
Judah Ken Freed
Colorado
General Assembly veterans reveal wisdom
that new state legislators never in hear
in the formal orientation.
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Newly
elected legislators to the Colorado
General Assembly go through an orientation
series by the state house staff teaching
them the rules of the road. They have to
learn the ropes for themselves.
The orientation
deliberately stays as nonpartisan as
possible, teaching procedure not politics,
which is best learned from old
hands.
For education's
sake, a set of eight former or outgoing
term limited Colorado state senators and
representatives were asked to give the
newbies some advice about being a
legislator, wisdom they'll never hear in
orientation.
Four Republicans and
four Democrats contributed comments, two
from each party in each chamber, the
Senate and House of Representatives. their
remarks are presented as if they are
sitting at a roundtable. These old hands
speak from experience, and because they
are out of office, they speak more
freely.
The first lesson for
new legislators is called, "Taking care of
yourself."
"They should make
sure to have a desk close to the door, so
they can make a fast exist," said retired
veteran Colorado Senator Al Meiklejohn,
R-16 & 19, holding office 1973 to
1997, across the span serving as chair of
the Education committee, chair of
Agriculture, Natural Resources and Energy,
vice-chair of Finance.
"And they should
walk around the capital with their back to
the wall," he added, as direct as ever,
"so that no one can get behind them,
either to bend their ear or to stab them
in the back. Other than that, I wish them
well."
"I would suggest
they always remember who they are and who
they were when they were elected," said
outgoing Sen. Pat Pascoe, D-SD32, chair of
Public Policy and Planning. "Avoid the
temptation to vote with others for the
sake of popularity."
"You're likely to
gain twenty pounds from all the wining and
dining, or from all the receptions and
candy that seems to be available all over
the place," warned outgoing Sen. Ed
Perlmutter, D-SD20, vice-chair of Public
Policy & Planning, member of Legal
Services and Legislative Council. "You
really have to watch your eating habits
and stick to a workout
regimen."
He added some
personal advice. "Pay special attention to
your family. Sometimes your family members
can feel ignored or left out, so involve
them as much as you can, like receptions
and outings, which also can be a great
education for your children."
"If you want to be
affective," said Rep. Glenn Scott, R-HD62.
member of Local Government.
Appropriations, Finance, Legislative
Audit, "you need to accept up front that
this is not a part-time gig. Maintaining
your career and your legislative job
together is much more difficult that one
is lead to believe."
Meiklejohn adds
pragmatic suggestions for self
preservation. "Go into your office once in
a while, lock the door and don't take any
calls, so you can just think and rest.
Find a place outside the capital where you
can sit unseen, like a back booth in a
restaurant no one knows about. Get lots of
sleep and do your physical training, for
each session really is an ordeal that's
much more difficult than the voters can
possibly realize. It truly is an
overwhelming process."
"Make it a point to
have fun," said outgoing Rep. Nolbert
Chavez, D-HD5, member of Criminal Justice,
House Services committees. "Enjoy your
time in the legislature because it will be
over before you know it."
"This is such a
great opportunity to serve," said outgoing
Sen. Mary Ellen Epps, R-SD11, member of
Health, Environment, Children &
Families, also legislative Legal Services.
"Take every opportunity to enjoy ever
minute of your time here, but never feel
that you own your seat. Never feel you are
so important that you develop a God
complex. Listen to your constituents,
because they are the only reason you are
there, and you are there a very short
while."
"Just be a good
person." said outgoing Rep. Todd Saliman,
D-HD11, member of Appropriations and the
Joint Budget Committee. "Be yourself, but
don't take yourself too seriously. We are
all replaceable. And always vote your
conscience. Stand up for your beliefs. At
the same time, if you refuse to
compromise, you'll never get anything
done. The difference between success and
failure in the legislature is finding a
balance, and you must find that on your
own."
"Don't go charging
in," said Chavez. "You won't really learn
what you are doing for a couple of years,
so be patient with yourself about becoming
effective. If you can't do that, you'd
better find a different job."
"Don't get too
frustrated." said Epps, "Give yourself
time to learn the process."
"Get to know some of
the more senior members who have the same
or similar views and values as your own
whom you can trust for guidance about how
things really work," said
Meiklejohn.
When seeking
mentors, said Epps, "don't take any
rejection personally, because they may
simply be too busy to help
you."
As for conduct on
the chamber floor, she gave a sage
caution. "Don't feel you have to rush to
microphone right away because your
constituents expect you to be visible.
Listen and learn before you get up there
and make a fool out of yourself by proving
you don't know what you are talking about.
I've seen it happen over and over
again."
Saliman concurs,
"Don't race to the microphone when you
first arrive in the chamber. Only speak
when you have something of value to say.
The key is brevity and being well
informed. It's hard to win a bill at the
microphone, but it's easy to lose
one."
The key to voting
effectively in committees and on the
floor, all seemed to agree, is doing one's
homework to understand each
bill.
"When in doubt,"
said outgoing Rep. Mark Paschall, R-HD29,
chair of Information and Technology,
member of Appropriations, Business Affairs
and Labor, "Just vote no."
"You learn quick
enough that you can't read everything,"
said Perlmutter, "so you tend to rely on
other legislators who have special
knowledge ins specific areas. You can rely
on the legislative staff for procedural
knowledge, but not for political
direction."
"Don't be afraid to
ask the front desk and committee staff for
help with research," countered Epps, "They
know much more than legislators give them
credit for, and they can be good allies
when you least expect it."
"You learn to
respect how hard the Legislative Council
works for you," said Saliman. "And over
time you'll learn which sources of
information and which people are the most
reliable. If you don't know who to believe
on a particular issue, go to a colleague
you respect and ask their
advice."
"You also might want
to turn to the lobbyists corps for their
expertise," said Perlmutter, "but always
remember that even the best ones with the
most integrity will still have a bias
toward what they are paid to accomplish."
"Ask around and find
out for yourself which lobbyists you can
trust," said Chavez, "and always keep your
word with them, so they know they can
trust you."
"Your reputation is
the most important thing you have," said
Chavez, "so if you say to anyone that you
will do a thing on a given bill, do it.
But if you do not succeed, don't take
defeat personally."
"Heed the adage
about defeated bills," he said. "Carry
them, don't bury them, for those dead
bills may fly another day."
________________________
Departing
legislators also offered tips on a few
selected topics:
Committee
Work
As an incoming
legislator, the first order of business
usually is committee
assignments.
"Go after a
committee you'll find interesting rather
than for any reason." said Chavez, "After
a long day of listening to talk about
dozens of bills, you need an interest in
the subject to stay alert."
"You can't ever be
sure about your assignment," said Epps,
but talk to the Speaker of the House or
President of the Senate, let them know
what interests you the most, and give them
secondary options, too. They will try to
accommodate you, if they can, but older
member get first pick. If your race was
especially close, you might get a little
break, like a reward for winning a tough a
fight."
"To get on the
committee you want," said Paschall, lobby
the chair and the more established members
who might be allies and advocates for
you."
"If you want to
destroy your career in the legislature
instantly, quipped Meiklejohn, "threaten
to vote against any and all bills from
them unless you get the committee you
want."
Once assigned to a
committee, he said, "Be sure to let your
committee chair think that you think he or
she is truly great, even if you don't
really, and you usually don't. And do not
ever leave in the middle of a committee
meeting to go deposit your paycheck. Most
of all, look for your allies in the
center, because those on the far right or
far left are not the ones who can get
things done."
"Never enter
negotiations in a weakened position," said
Paschall, "because a bill you favor will
never have a chance if you do. You don't
want to look unwilling to compromise, but
be wary of any compromise that negotiates
away your position."
"Be willing to play
strategically," said Scott. "Just because
you can use some tactic to your advantage
does not mean you should. Your short-term
benefit may be lost long-term if you get
other legislators upset at you. That's
like cutting your own throat."
"Follow your
interests and instincts." said Saliman.
"Stay informed. Read all the bills
carefully and participate in discussions.
Don't be afraid to stand up for yourself
and your ideas during debate. Don't let
others walk all over you. At the same
time, don't burn any bridges with
anyone."
"You have to get
along with everybody," said Pascoe,
"because your opponent on one bill today
may be your ally on another bill
tomorrow."
Introducing
Bills
"All new freshman
legislators feel they have these great
ideas that no one has ever thought of
before," said Epps. "But then you find out
your bill's been carried many times
before, and it was defeated each time. If
it really was a great idea, it likely
would already be state law by now, so
don't be too hasty."
"New legislators may
have some real issues to tackle," said
Meiklejohn, "but they need to get help
from the staff in writing their bills, if
only to avoid repeating past mistakes.
They also need to learn not to introduce
unnecessary stuff that takes up
everybody's time just so they can look
good to their constituents. A 120 day
session is hard work. No one has time for
anything trivial."
"Be open to the idea
that anything substantial first has to be
shopped around to a broad coalition to
gain support," said Scott, "and likely
will not end up anywhere near to where you
started.
"Before you
introduce a bill," said Pascoe, "bring in
as many interested parties as you can and
try to accommodate their concerns. Then
speak with everyone on the appropriate
committee, starting with the chair. Sell
each of them on the bill
personally."
"When you do
introduce a bill," Epps agreed,
"immediately talk to all the committee
members individually, asking each one to
co-sponsor your measure. The more
cosponsors you have, the better your
chance of passage. Select your sponsor in
the other chamber very carefully. Make
sure they're either the committee chair or
a ranking member, and that they will do a
good job in representing your bill at the
microphone on the floor."
"Don't insist on
taking credit for everything you do," said
Saliman. "You may have a good idea, but
you may not be the best person to advance
it. Don't be afraid to hand it off to
someone with a better chance of
passage."
"And don't wait for
the hearing to make your case," said
Pascoe, "because you can't assume everyone
has read your bill when the hearing
starts.
Count Your
votes
Regardless of
party," said Pascoe, "count your votes
every step of the way."
"You've got to learn
how to count votes properly," said
Paschall. "when a legislators give you a
commitment, you have to be sure this
commitment is for the entire life of the
bill, not just to get it out of committee,
not just until the second reading, but all
the way through to the final vote and then
the conference committee.
End of Term
Crunch
"Avoid your bill
being considered at the start of the
session or in the last days," said Pascoe.
"In both cases, your bill may not yet have
been printed by the overwhelmed printing
office, and those who've not yet had an
opportunity to read it will tend to vote
against it. The bills in the middle of the
session usually get the most
consideration."
"Be especially on
your toes in the last few days of the
session." said Ed Perlmutter. "You may
think you have everything settled on a
bill when the conference committee
suddenly changes the nuance in the
language in a way that changes the whole
character of a bill. Too many things are
happening too quickly at the end for you
to keep track of it all. A lot of mistakes
and mischief slip through that way.
Power
Locus
"You will not hear
in the orientation that the legislature
has been stripped from much of its power,"
said Scott. "And you learn the hard way
that the unelected bureaucrats really run
the show here in Colorado."
"You've got to
jealously guard the power that the
constitution and statues give to you as a
legislator," advises outgoing Rep. Mark
Paschall, R-HD29, chair of Information and
Technology, member of Appropriations,
Business Affairs and Labor. "Each
individual legislator is all that stands
between the average citizen and the
growing power of government."
"Remember that some
caucuses never meet formally, like the
so-called 'cowboy caucus' of agricultural
interests," said Pascoe. "And some
interests, like the highway caucus, will
always want more money no matter who you
have to take that money from.
Budget and
Finance
"Every new
legislator needs to make it a priority to
understand the budget process," said
Perlmutter, especially in this new term as
they tackle a $600 million deficit right
away, without the delays built into the
long bill [of
appropriations].
"Frankly, said
Scott, "unless you can control the purse
strings, unless you have budgetary
authority over a given state department,
you are there to be placated by those with
more power who have competing interests,
even those in your own party who can kill
a bill in the eleventh hour."
"You have to check
the constitution and amendments carefully
before doing anything that might look too
quick and easy," he added like the state
writing June payroll checks on July First
so the expense is logged in the next
fiscal year. Even if you decide it's legal
to do that, you still have less money on
hand for next year's budget."
"Don't give in to
Enron accounting methods," said Paschall.
"Shifting cash around to make the books
look good is just plain wrong."
Orginally
written for The Colorado
Statesman.
November 2002
(c) 2002-03 by Judah Ken Freed
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