Virtual File - Item

Text:
Senator Paul Gazelka
Minnesota Senate Building 3113
95 University A venue
St. Paul, MN 55155

Dear Senator Gazelka:

I have appreciated our partnership during this unprecedented time, which has posed challenges to
our communities, our members and staff, and to the way the legislature operates.
Furthermore, you and I share a mutual, deep respect for the rules, customs, and traditions of the
Minnesota Senate. We also share a respect for the manner in which we conduct the business of
the Minnesota Senate, and the legislature as a whole. It is out of this mutual respect for our work
that I respond to your decision that the Senate move forward under what you have described as
the "new normal."

We must balance our obligations to do the work of the people of Minnesota with our obligations
to do our part to protect public health. In moving forward for the remainder of the 2020
legislative session, you have outlined dual expectations. First, that we will meet as a body, in
person, in the Senate Chamber two times a week. Second, committees will operate under regular
order yet remotely. These expectations likewise raise two areas of concern for the Senate DFL
Caucus.

First, in the process of returning to regular order including bill introductions, committee
hearings, and floor sessions, I trust certain rules and traditions will be adhered to in a consistent
manner. To that end, we expect you, members of the body, and committee chairs to abide by the
following in accordance with the Temporary Rules of the Senate:

• Every bill, memorial, order resolution or vote requiring the approval of the Governor
must be reported to the Senate on three different days before its passage unless otherwise
waived by the body
• A bill may not be considered by a committee on the day it is introduced
• A bill or resolution may not be referred to committee or amended until it has been given
its first reading
• All resolutions that are required to follow the same procedure as bills must be referred
before passage to the Committee on Rules and Administration
• The committees on Taxes and on Finance must hold hearings as necessary to determine
state revenues and appropriations for the fiscal biennium
• All meetings of the Senate, its committees, and subcommittees are op~n to the public
• Members have the ability to offer amendments to bills in the committees to which they
serve when the bill is being heard ·
• A committee or subcommittee shall announce each meeting to the public at least three
calendar days before convening. The notice must state the name of the committee or
subcommittee, the bill or bills to be considered, and how the public may interact, follow,
or testify .
• A rule may be suspended by a vote of at least two-thirds of the whole Senate
• Members shall adhere to the highest standard of ethical conduct as embodied in the
Minnesota Constitution, state law, and the Senate rules
• Every proposition to amend a rule of the Senate must be referred to the Committee on
Rules and Administration

Unfortunately, as you know, some of these Senate rules have not been followed since you
announced your new plan. I have reported to you on multiple occasions of committee agendas
being posted near or within 24 hours of the hearing. I have also shared occasions where
committee agendas are not being managed to allow a fair presentation of public testimony or
member questions. We have been told that these expectations are being communicated with
committee chairs, yet committee chairs are telling our members something else. For the sake of
the regular order you are asserting, and most importantly for the transparency and public
involvement in this process we both fight for, Senate rules and traditions must be upheld. Please
let us know how we can assist in ensuring these rules are adhered to by all members as we move
forward.

The second area of concern pertains specifically to floor sessions in the Senate Chamber. You
and I must act with the recognition that we are responsible for leading our fellow Senators - and
protecting all members and staff- under unprecedented circumstances. As Majority Leader, you
have determined the schedule and the format for how we will do our work. I have been open
with you privately and on the public record that I have serious concerns about your plan for us to
have frequent floor sessions. As we proceed under your plan and schedule, we must ensure the
safety of the public, staff, and our members. And as we transition to regular order, with
amendments and debate, we must also ensure Senate rules are followed.

• Under current Senate protocols, a limited number of Senators are seated on the Senate
floor. Representation on the Senate floor should be substantially in proportion to their
numbers in the Senate, noting that the current proportions are 52% GOP members and
48% DFL. During the past several floor sessions, there have been eight GOP Senators
and five DFL Senators seated on the floor, or 62% and 38%. We request that for future
floor sessions there be seven GOP Senators and six DFL Senators seated on the Senate
floor for proceedings.

• Additionally, we ask that you instruct staff to have the Department of Health conduct a
current review of the protocols we have been following during floor sessions to confirm
we are in compliance with CDC and MDH guidelines. I appreciate that MDH initially
approved the protocols before we first implemented them, but public health experts have
learned a considerable amount of information about the coronavirus and its transmission
since this situation began, and a reassessment would be wise.

• Furthermore, we trust that your highest priority is the health and safety of both
legislators and staff and our role in spreading the disease among our communities.
Consequently, Senate floor sessions should only be called when the work being
conducted is of the highest priority and relevant.

I respectfully ask that you respond in a timely fashion so that we may communicate to all
members of the Senate the parameters we are working within and that the work of the Senate
will be done in an efficient, transparent, and safe manner.
Sincerely,

Susan Kent
Senate DFL Leader
State Senator, District 53