1. Adoption of Rules

The Joint Legislative Oversight Committee shall adopt Committee Rules at its first meeting after the commencement of the session of a new Legislature. These rules shall remain in effect during the biennium. Any change to the rules shall require an affirmative vote by a majority of the members of the committee.

2. Rule Authority

Unless the Joint Legislative Oversight Committee adopts specific rules, the Joint Rules of the Senate and House of Representatives shall govern the proceedings in the committee, or, in the absence of Joint Rules, Senate Rules shall apply. In all cases not otherwise provided for, and in which they are not inconsistent with Committee Rules, Joint Rules, or Senate Rules, the general rules of parliamentary practice and procedure as set forth in Mason’s Manual of Legislative Procedure shall govern the proceedings of the committee.

3. Meetings

Meetings of the Joint Legislative Oversight Committee shall be held at such times as the cochairs deem necessary.

4. Minutes

A written summary of the proceedings shall be kept of each meeting of the Joint Legislative Oversight Committee. Upon correction and approval by the committee, all minutes shall be filed as public records in the Office of Performance Evaluations and the Legislative Library.

5. Quorum

The Joint Legislative Oversight Committee shall not transact business except upon a quorum being present when the committee convenes, nor thereafter if any member objects to the lack of a quorum. A quorum shall consist of a majority of the committee membership.

6. Motions and Related Parliamentary Procedures

1. No motion shall be debated or voted upon until the same is seconded and then placed before the cochairs.
2. Motions to adjourn or recess are nondebatable questions. These motions must be seconded, placed before the cochairs, and then a voice vote taken. No debate is allowed.
3. A roll call vote shall be taken on any motion at the request of any member of the Joint Legislative Oversight Committee.
4. The cochairs may, at their discretion, ask for unanimous consent on any question properly placed before the committee.

7. Executive Session

The Joint Legislative Oversight Committee, upon a two-thirds (2/3) vote, may meet in executive session to consider any matter provided for in section 67-461(6), Idaho Code. A roll call vote shall be taken on any motion to meet in executive session.

8. Taking Testimony

At the release of a final performance evaluation report, the Joint Legislative Oversight Committee will not receive oral or written testimony from sources other than staff of the Office of Performance Evaluations, agency representatives, and the Office of the Governor, unless an invitation to present such testimony has been extended by the cochairs of the committee and such invitation has been approved or ratified by a majority vote of the committee.

9. Recording Testimony under Oath

The Joint Legislative Oversight Committee may take testimony under oath as provided in section 67-462, Idaho Code.

10. Subpoena Power

The Joint Legislative Oversight Committee may issue subpoenas upon the signature of either of the cochair, as provided in section 67-460(7), Idaho Code.

1. Topic Selection

1. Requests for evaluation may be submitted at any time. The director of Legislative Performance Evaluations shall maintain a list of possible evaluation topics from legislators and legislative committees. The director of Legislative Performance Evaluations and the director of Legislative Services may also suggest topics for evaluation. This list of possible topics shall be presented for consideration to the Joint Legislative Oversight Committee.
2. In a letter following the legislative organizational session, the director of Legislative Performance Evaluations shall invite all members of the Legislature to submit requests for evaluations for the committee’s consideration. The invitation for evaluation requests shall alert Legislators that while the committee will consider all requests for evaluation, the committee has the discretion to accept or decline such requests. At other times as appropriate, the director shall also invite legislators and legislative committees to submit requests for evaluation.
3. A legislator or legislative committee shall sponsor possible evaluation topics. Citizens or state employees with possible topics shall be instructed to work through legislators for submission to the committee.
4. The director of Legislative Performance Evaluations shall conduct background research as necessary on possible topics to assist members of the Joint Legislative Oversight Committee in selecting topics to conduct performance evaluations.
5. When a member of the Legislature makes a request for an evaluation, the director of Legislative Performance Evaluations may conduct background research to determine whether the request warrants a performance evaluation. If the director determines that a performance evaluation is not needed, the director will respond to the legislator’s request by providing relevant information. Providing of such information will depend on the following:
   1. The information is readily available and does not require detailed verification
   2. It will take a relatively short time (no more than 24 working hours) to address the legislator’s request
   3. Office of Performance Evaluations staff are available to do the research. The Joint Legislative Oversight Committee may table a requested performance evaluation for a period of nine (9) months. If, after the expiration of the nine-month period, the committee has not directed the director of Legislative Performance Evaluations to continue the evaluation, the evaluation will no longer be actively pursued.

2. Limited Scope Evaluations

1. Limited scope evaluations are evaluation projects anticipated to require not more than 150 hours of fieldwork to complete.
2. The director of Legislative Performance Evaluations shall conduct a limited scope evaluation at the direction of the Joint Legislative Oversight Committee, or upon the written direction of the cochairs of the committee, provided that at least five members of the committee total approve undertaking the limited scope. In this case, the director of Legislative Performance Evaluations shall distribute a copy of such written direction to each member of the committee. If a committee member objects to the assignment, he or she shall notify the director of Legislative Performance Evaluations within 10 business days after the written direction to conduct a limited scope evaluation was distributed. The director of Legislative Performance Evaluations shall discontinue a limited scope evaluation upon the receipt of notice from four or more members of the committee that such members do not approve.
3. In conducting a limited scope evaluation, all other processes for the conduct and release of a performance evaluation and final performance evaluation report shall apply.

3. Project Scope Development

1. Upon the Joint Legislative Oversight Committee’s selection of a topic for evaluation, Legislative Performance Evaluations will develop a project scope, outlining research objectives to address issues raised in the evaluation request. After the project scope is complete, the scope will be provided to members of the Joint Legislative Oversight Committee for input.
2. At the request of the director of Legislative Performance Evaluations, committee members may move to approve the project scope.

4. Notification of Selection

Upon the Joint Legislative Oversight Committee’s selection of a topic for evaluation and review of the project scope, the director of Legislative Performance Evaluations shall send a letter to the director, administrator, governing body, or chief executive of any agency to be evaluated. The letter shall inform the recipients of the committee’s selection and shall briefly explain the purpose and scope of the selected evaluation topic.

5. Opening Conferences

Following the Joint Legislative Oversight Committee’s selection of the topics for evaluation, the director of Legislative Performance Evaluations shall schedule an opening conference with representatives of the agency to be evaluated, for the purpose of describing the scope of the evaluation, the proposed schedule, and the data that will be needed. Members of the Joint Legislative Oversight Committee or any other member of the Legislature shall not attend such conferences.

1. Preliminary Drafts

1. Preliminary drafts of performance evaluation reports will be distributed to the evaluated agency for review and comment. The staff of the Office of Performance Evaluations will consider each comment and discuss possible revisions of the draft with agency officials, preferably at a closing conference.
2. The evaluated agency will have, as a matter of practice, 14 days to review and comment on a performance evaluation report. The 14 days will commence from the receipt of the preliminary draft to submission of the evaluated agency’s written comments, if desired. This period may be extended or reduced through negotiations between the evaluated agency and the director of Legislative Performance Evaluations to account for special or extraordinary circumstances.
3. When an evaluation is related to operations in the executive branch, the Governor will also receive a preliminary draft of the report at the same time as drafts are distributed to evaluated agencies, so that, should the Governor choose to do so, he or she may begin drafting a response.

2. Distribution of Final Drafts and Reports

1. Final drafts of performance evaluation reports will be provided to the evaluated agency and the Governor for review. Their responses, if any, will be included in the published final performance evaluation report. All information transmitted as part of this review process is confidential and exempt from disclosure until the release of the final report.
2. Members of the Joint Legislative Oversight Committee, representatives of the evaluated agency, and the Governor will receive copies of the final performance evaluation report at least one day before its release at a committee meeting. Until the release of the final report at a committee meeting, the performance evaluation report and its contents will remain confidential and exempt from disclosure.
3. An advance copy of the final performance evaluation report will also be provided to the Speaker of the House, the Senate President Pro Tempore, cochairs of the Joint Finance-Appropriations Committee, and the chairs of relevant germane committees at least one day before its release at a committee meeting but not before the report is provided to members of the committee, the Governor, and the evaluated agency. Until the release of the final report at a committee meeting, the performance evaluation report and its contents will remain confidential and exempt from disclosure.

3. Testimony from Evaluated Agencies and the Governor

After the presentation of a final performance evaluation report to the Joint Legislative Oversight Committee, a representative from each agency evaluated in the report, and the Governor or his or her representative, shall have the opportunity to respond.

4. Release and Distribution of Performance Evaluation Reports

After their release, final performance evaluation reports shall be made available by the director of Legislative Performance Evaluations to the state library, the news media, and representatives of the evaluated agency. No later than one day after their release, reports will be made available to all members of the Legislature, the public, and other parties.

5. Working Papers

1. All working papers related to the preparation of a final performance evaluation report shall become public documents either upon release of the final report to the Joint Legislative Oversight Committee or at the point when a performance evaluation is no longer being actively pursued. Working papers shall remain confidential and exempt from disclosure before that time except as otherwise provided by law or Committee Rules.
2. Except as otherwise provided by law, the Office of Performance Evaluations shall not release any performance evaluation working papers, either before or after the release of a final report, containing information that would otherwise be confidential or exempt from disclosure pursuant to the provisions of chapter 3, title 9, Idaho Code.
3. After the release of a final performance evaluation report, the director of Legislative Performance Evaluations shall refer requests for access to state agency records in his or her possession to the state agency that is the official custodian of the requested records. Such agency shall be responsible for responding to the request for public records. In no event shall this subsection be construed to prohibit or prevent public access to state agency records in the possession of the director of Legislative Performance Evaluations that would otherwise be subject to disclosure under chapter 3, title 9, Idaho Code. d. Pursuant to any subpoena, subpoena duces tecum, or court order, the Office of Performance Evaluations shall make relevant working papers available as ordered, subject to any applicable privileges, rights, or requirements of confidentiality.

6. Confidentiality of Individuals

If data supplied by an individual are necessary to initiate, continue, or complete a performance evaluation, the director of Legislative Performance Evaluations may, by written memorandum to the file, provide for the confidentiality of an individual’s identity. Such memorandum shall protect the identity of the individual from disclosure under chapter 3, title 9, Idaho Code.

7. Vote to Release

Before a final performance evaluation report becomes public, the Joint Legislative Oversight Committee will release the report by consent from a majority of the committee members (including consent from both cochairs) or by vote on a motion. Consent or adoption of a motion to receive shall constitute the completion of performance evaluation procedures regarding the report.

8. Availability of Reports at Committee Meetings

Each report shall be made available to the public and the media following the passage of a motion to receive the report at a meeting of the Joint Legislative Oversight Committee.

9. Independence of Work

All findings and recommendations in a final performance evaluation report shall represent the work of the Office of Performance Evaluations only, and shall not be considered the views or recommendations of the Joint Legislative Oversight Committee. A vote by the committee to release a final report shall not be construed as an endorsement of the findings or recommendations therein but shall indicate the Office of Performance Evaluations has completed the evaluation and the report is ready for public distribution.

1. Introduction of Legislation

After the release of a final performance evaluation report, the Joint Legislative Oversight Committee may adopt or develop recommendations for proposed legislation. The cochairs or their designees in their respective legislative bodies shall introduce any legislation proposed by the committee. The cochairs may include in the bill an endorsement identifying the Joint Legislative Oversight Committee as the party requesting introduction.

2. Other Actions

The Joint Legislative Oversight Committee may wish to take additional actions after the release of a final performance evaluation report.

1. These may include
   1. referring the report to germane legislative committees in the Senate and the House;
   2. requesting certain follow-up activities or actions in response to the report;
   3. appointing a subcommittee to request and monitor agency action on report recommendations.
2. Unless otherwise directed by the Joint Legislative Oversight Committee, the Office of Performance Evaluations shall review evaluated agencies’ progress in implementing recommendations made in performance evaluation reports one year after the release of the performance evaluation report and report to the committee on agency progress. The committee may request that representatives of the evaluated agencies appear before the committee to report on progress in implementing recommendations made in performance evaluation reports. The committee may further direct the Office of Performance Evaluations to continue to monitor agency implementation at one-year intervals.
3. In all follow-up activities, the Office of Performance Evaluations may provide to a subcommittee or germane committee information and data that have been collected or analyzed to complete the performance evaluation that has been released. The Office of Performance Evaluations may not conduct additional research or use further staff resources, except as directed by the committee to complete a performance evaluation or follow-up evaluation.