Michael O. Leavitt Center for Politics & Public Service

Project Prologue

The Budget Process

Introduction Lynn Ward was the assistant director in the Division of Finance, and Charlie Johnson was Governor Bangerter’s budget director the last year and a half of his term. After the 1992 election, there were some rumors floating around that Charlie was going to be GOPB director and chief of staff. Lynn thought that sounded crazy, as those both very heavy duty jobs. Lynn knew Charlie just from being in meetings with him. After the election, around Christmas time, GOPB director was one of the final positions that was named, and the rumor about Charlie persisted. Charlie called Lynn asked if she would meet with him.  He asked Lynn two questions: Did she like supervising people, to which she responded, “No,” and the other was whether she felt she could manage a lot of detail, to which she responded, “I am good at that.” Lynn called her boss, Gordon Crabtree, Division of Finance director and said, “Why is Charlie calling me?” Gordon gave Lynn the news, so when Charlie asked Lynn to meet Mike Leavitt, she was prepared. The first thing Mike Leavitt said to Lynn was “sit down and tell me about yourself.” She started telling the Governor about college and her professional career, and he said, “no, go back to kindergarten.” Lynn was offered the job and stayed in the position until after Governor Leavitt left for Washington DC. Governor’s Philosophy and Priorities According to Lynn, the budget reflects a Governor’s philosophy and priorities because where the Governor puts resources is what s/he thinks is important. Lynn stated, “So, I viewed this not as just numbers, but as a value statement. When tax revenue is spent, there are so many federal mandates or money that is already been committed you that there really limited choice on how to spend or recommend expenditure of new tax dollars. There is still, however, some discretion on the Governor’s part; so to me, the budget was a policy document, not just a bunch of numbers.” Lynn would sit down with the Governor and review transmittal letters—pretty vanilla. They would then get into a broad overview talking about revenue forecasts. Lynn and Governor’s Office of Budget and Management would put the forecasts into a chart indicating how much money was already spent, and how much there was to spend. To further explain, the recommendations represent the current fiscal year because a re-estimation of the revenues for the current year based on current data would be provided at a later date. When the re-estimation comes in, it is usually an increase over what was predicted, so that money is considered “one-time money” because it would not necessarily be around the next year. The revenues expected for the following fiscal year, the increase over the base, are called on-going money. When somebody says there’s 400 million dollars to spend, it is really important to know how much is one-time and how much is on-going because you want to commit all the money to on-going projects or programs with the part of the money will not necessarily be recurring. Early on in Governor Leavitt’s administration, Charlie Johnson came up with this term called the boom buffer. This term denoted a switch to describe the amount of on-going money that would be set aside and not automatically poured into on-going programs, so if the economic boom ever busts then there would still be on-going money to use. This way cuts could be avoided. Lynn believes that the Governor’s approach to the budget was healthy and could be characterized as fiscally conservative with a sense of realism. Realism meaning there are places you have to spend state funds and there is a purpose for state government to spend the tax payer money where it could help your citizens. Those things can include helping economic development and helping companies prosper; educating children and the public so the state has an educated work force; and helping people who cannot help themselves. Otherwise, the Governor felt like the best thing state government could do was to leave as much money in the pockets of taxpayers as possible. https://spcoll.li.suu.edu/eadfiles/Xe1kcH8BnM5_0W5sJ69V/ms122NW19921217.pdf http://www.ontheissues.org/Cabinet/Mike_Leavitt_Budget_+_Economy.htm The Start of the Process The GOPB would put the budget guidelines together in April or May. There were guidelines to the state departments as to what you could or could not ask for. The departments could not ask for anything except for the mandates—federal mandates, state mandates and state law.  We would send those out guidelines before the fiscal year ended on June 30.  Then in September the state division of finance, the state’s accounting office, would have the books closed out or almost closed out. They would tell the Budget Office how much revenue is left over from the prior year because agencies did not spend all the money and would return it, or maybe revenues came in a little higher or lower than anticipated. The governor tried not to budget to spend every penny to leave a reasonable surplus at the end of the year, so that would be considered one-time money. The economists within the Governor’s Office of Planning and Budget would work with a group of other economists that are a designated team, and they would begin monitoring the economic factors throughout the year: job growth, unemployment rate, construction permits, residential and non-residential. GOPB would take the lead, but there were economists from the tax commission, workforce services, natural resources, and some of the downtown economists that made up the team. They would all get together and agree upon a set of economic indicators. Then they would come up with revenue estimates along with actual collections coming in—those reported by the tax commission. The head of GOPB would get preliminary estimates in about October. The GOPB could start getting a feel for how much money there would be to spend. The Governor had all his ideas about initiatives, and they usually cost money. At this point, the Governor’s office could start prioritizing and matching up revenues with projects. Lynn Ward would give feedback and general parameters: 100 million or 50 million, the amount of one-time versus on-going, etc. Then the agencies were required to send the GOPB preliminary budget requests by the second week in September. Those requests gave the GOPB a feel for how much money was committed for the must-haves or the mandates. The next tier included things the state ought to do. And lastly, the GOPB looked at the things Governor Leavitt wanted to do. Unfortunately, these numbers always added up to more than the revenue estimates. After that, prioritizing the funding was the hard part. There was no real formula. It was all based on moving through the process and making hard choices. Those decisions were made by committee, depending on the issues involve. The department heads would come in for their budget hearings at the end of October or the first part of November. That also included public education, which was usually represented by the State Superintendent, the school board chairman, and maybe a couple of school board members. The courts would be represented by the Court Administrator and the Supreme Court Justice. They were an equal branch of the government and they did not have to come in, but we always extended the invitation and gave them a lot of deference. Higher education would be represented by usually the Commissioner and a few staff members. In each budget hearing, the GOPB analyst, the Governor would be present. The Chief of Staff and the Lt Governor were also invited. The other senior staff members were made aware of the calendar so that if they wanted to sit in on a particular budget hearing, they could. Governor Leavitt kept the hearings closed. Rod Decker was not happy about that. These meetings were policy discussions, and the point was to obtain full information from the attendees and have a good discussion. Those meetings are not really tailored for a public setting. The hearings and evaluations of requests extended through November. More often than not, more information was requested from the agencies. In the case of new initiatives, Lynn Ward recalls asking the Governor, “please, if you are thinking about some new program, let me know as soon as possible because then we can start vetting the information, getting information from the relevant parties, trying to figure out all the costing.” Lynn would have to sift through every little teeny detail with new initiatives to determine what an actual cost would be and then figure out we whether the State could afford the initiative, or whether cost-cutting modifications could be considered. Once all the costing information is gathered, then Lynn had to figure what the size or scope of the initiative would be. The same thing was true on the revenue side; if the Governor was talking about tax cuts, Lynn would have to figure out how big the Governor wanted the tax cut to be and then provide recommendations. Lynn would also have to consider the type of tax whether it was it a cut on sales tax, income tax, corporate franchise tax, property tax, and how much the cut would be. Throughout the month of November, Lynn would present the Governor with choices and scenarios, and the Governor would ultimately have to select an alternative considering the appropriate mix of taxes to cut, the ramifications of such cuts, and the constituents that the cut would benefit—or not. Lynn had regular meetings with the Governor to get his decisions. Lynn recalls going into a mode hyper activity the week of Thanksgiving. That week she would get the final revenue estimate. All the decisions were pending at that point, and over the next few weeks those decisions would need to be sorted out. Lynn remembers that she learned in the first or second year (the hard way) to pencil out the spending recommendations because the estimates came in just a little bit lower than anticipated. Going back and trying to figure out where do to take cut 50 thousand or a half a million was a nightmare. Lynn stated frankly, “I am so glad I’m out. I’d be at work 10:00, 12:00, 2:00 in the morning for 2 months or 3 months. Then it would start over during the legislative session.” As time went on, Lynn and the Governor built efficiencies into the process. For example, a sheet was used during the budget hearings that would rate the request. The sheet would show the agency’s request, item by item, and next to it would be a column of the Governor’s recommendations. Rather than agencies making requests item-by-item, if GOPB made the recommendation in general agreement with request, the agencies were asked to simply address the discrepancies or the policy issue differences between their request and the Governor’s recommendation. Some of the department heads had a really hard time shifting gears to be more high level in their requests and could not resist asking for a truck or office chairs and giving their justifications. Governor Leavitt was not interested in micromanaging these requests, so he required the agencies to work through the discrepancies and policy differences before they came to a hearing. This made the agencies work harder to prioritize and decide for themselves the best way to spend taxpayer dollars. Announcing the Budget Governor Leavitt wanted to educate the public about the budget, particularly in good times because he could gain political capital that way. At one point the Governor decided, instead of having one press release on the budget, he wanted to have a press release on each of the budget topics. So for several years Lynn and the Governor would coordinate six press conferences within a 10 to 12 day period. At the same time, Lynn was creating the Budget Book containing the budget details that included the Governor’s plans for adult corrections, youth corrections, higher education, public education, economic development, and the overall budget roads. Lynn planned the Press Conference using “stunt babies,” or people from the community supporting the issue. Lynn remembers getting the Budget Book ready, sending out the press releases, developing handouts, charts, or other visual aids for one press conference, and then turning around and having to think about the next press conferences coming up. There was much advance planning because everything that would be used in press conferences would need to be published in the Budget Book. All of this excitement took place within the first week and a half in December. Unfortunately, the meetings of the National Governor’s Association were usually held right before the budget announcements were made or during the same time. Lynn was required to prepare for the press conferences by communicating with the Governor by e-mail or phone. Lynn recalls, “One year for Transportation, the Centennial Highway Fund, this one was all day. We started out at 7 o’clock in the morning up in Weber County in the middle of an off ramp. It was freezing cold, and we had these charts. I was at work until 2:00 am the previous morning getting the handouts finished and copied. Another year, we had an economic development release on the Friday after Thanksgiving, so Thanksgiving Day I was working on the handouts all day. Later that day he left on a trip to Israel with Presidential hopeful George Bush, so what a year that was. We had one up at University of Utah because we were featuring Human Services issues that year. Richard Paul Evans, the author, had offered to put some money in or to build these Christmas box houses for foster kids. It was my idea to invite him to come up and be part of the press conference. Somebody contacted him, he was there and the story was that he and his dad came up and on the way up to the press conference his dad disclosed to him how much the financial commitment was, which was a total surprise! It was way beyond what Richard Paul Evans was thinking.” Also, some of the most interesting press conferences made use of some very creative props. Lynn Ward recalls that Governor Leavitt loved using props, so her office was not just the budget office, it was the Jay Leno prop department. One of her favorite props Lynn came up with was colored sugar in a huge jar. Colored sugar was stacked in layers in the jar to represent the different budgetary allocations. Lynn remembers that she had an assistant who tried it with Jello, laying colors of Jello on top of one another. The office also tried clear plastic, but it would not stay in place. Stacked paper looked cheesy. So, the office ended up with a colored sugar prop. Visual aids were particularly helpful when explaining the budget. When the colored sugar jar was used, the Governor was trying to demonstrate to people how little they paid compared to subsidies when paying the water bill. Some of the state sales tax, for example, when you pay for a candy bar, is helping pay for the water coming out of your tap. Federal money and some property tax also subsidize water. One other funny story was that Governor was keen on was Medicaid reform, and he was ahead of the curve on that. Our health analyst, Christine, went back to Washington DC with the Governor during the time Contract With America was in full swing and Newt Gingrich and others were working on reform scenarios.  Christine went with the Governor to the White House, took the lap top and it got zapped as it went through the x-ray machine. We could not recover any thread of information on it. I think we were at the GOPB Christmas party at the state fair, and she called and just in a panic, “Everything’s gone!” It took some work to recreate the information. Doing the announcements separately was very effective according to Lynn Ward. It drew much more attention to each topic, which in a 4 – 8 billion dollar budget is just not easy. Plus, the Governor had the ability to say what he thought was important in each category and draw attention to it. It drove the legislature nuts because it got him a lot of press attention, and they felt backed into a corner if they did not do what he had recommended. The Press Lynn remembers that making separate budget announcements “would drive the press crazy because we’d say Higher Education, Governor’s recommending 80 million dollars new money for them. Well, they’d want to know the context, which is not out of reason for them wanting to know; is [80 million] good or bad? But we would never tell them and that would make them nuts, and sometimes they felt a little used….” “One year we played this joke on Dan Harrie. At the time he was the Tribune capitol beat reporter. State Printing downstairs in the Capitol would [print and bind the Budget Recommendations book] for us because it was very quick… It could be done over night.

So they had put one together with the cover and just blank pages inside just to see that the binding would work. So I showed this to [Governor Leavitt], and spontaneously he says ‘let’s give this to Dan Harry.’ On the way to the Bangerter Highway ribbon cutting, in the car were Governor Leavitt, Charlie Johnson, Vicki Varela, and me, and as we were leaving the press event, we were still on Bangerter Highway and Dan Harry was walking away to his car and they rolled down the window and Vicki yelled out to him, ‘Dan, come here!’ So he came over, and she just lifts the Budget book up and he sees it through the window. His eyes lit up and he’s like, you’re going to give that to me? It was the look on his face. The Governor just handed it to him, and he hurried and stuffed it under his coat and walked off gleefully. It’s all we could do to hold our laughter until the window was rolled up. And Charlie was saying, ‘you people are crazy, you’re playing a joke on this reporter? He’s going to nail us.’ Dan Harry waited until he got back to his office to look at the book thinking he had really scored, and when he got back, he opened it up [and understood the prank]. Of course, he called Vickie and railed on us, but he was good about it.” Interim Day Announcement The legislature used to have an interim day in December, and Governor Leavitt would issue his recommendation on Interim Day. He would give a speech to the legislature turning over his recommendations for the legislature to grapple with. On that day, the Governor would schedule an entire day’s agenda starting with an editorial board breakfast held at the Mansion. All the chief editorial writers of all the newspapers and TV stations were invited. He would go through the highlights and basically stick to the overview published in the report. That served two purposes: (1) it was a practice for him for the rest of the day; and (2) it was a way to educate the media. Afterward the Governor would hold a cabinet meeting in the Mansion on the ballroom level to make the cabinet feel special. The cabinet would get their report and the Governor would present a preview of the budget again as another way for him to practice. Then the Governor would have a meeting with someone from the Republican leadership and then someone from the Democratic leadership. Usually NCSL (National Council on State Legislatures, It’s the legislature’s national association.) was held around this time frame, so sometimes it was just over the phone. In terms of protocol, the Republican leader would meet with the Governor before the Democrats. The second year the Governor was releasing the budget on Interim Day, he address both bodies—the House and the Senate—with his budget recommendations. The night before was the cabinet and senior staff Christmas party at the Mansion. That next morning, the Governor had the editorial board in the formal dining room and he ran through his spiel. He returned to the office and ran through his notes, looking at the budget book, getting his head ready for the rest of the day. Lynn Ward was standing at Elaine Peterson’s desk, Alan Workman approached and said, “The Mansion’s on fire.” Lynn and Elaine were stunned and Elaine said, “Is Mrs. Leavitt out?” Alan replied that she was. Elaine and Alan agreed they would not tell the Governor until they had more information. The Governor was sitting in his office without a clue of what was happening because he was still reading this budget. Shortly thereafter, they ran in and told him and whisked him down to the Mansion. All through the day the Governor and staff were getting little pieces of information about what was going on at the Mansion. Rumors were started, and at one point, the rumor was that the floor caved in. That rumor spreads through the whole Capital. Lynn remembers having communication with the legislature throughout the day pushing back the time of the speech. Finally at about 4:00 or 4:30, he addressed the legislature and said something like, “I’ve had a few things going on today.” Lynn recalls, “It was right after the crisis was over and everybody was safe, and you start thinking about how scared you were because the Christmas tree light cord would have been simmering the night before when 150 people were in the ballroom. And the fire experts said that if the fire had broken out the night before, 2/3 of us would have come out in body bags because there would not have been a way for all of us to have gotten out. . . That’s just a year to remember.” The Legislative Session Next the Legislative session would begin and it become an effort to hold your departments together so they would not try to work outside the Governor’s recommendations. Departments were told they could not become mavericks and cowboys and ask for money that was not recommended by the book. Sometimes they would try that, but the Governor would hear about it and call them out on the carpet. A GOPB analyst was assigned to attend each subcommittee hearing. Lynn remembers, “After a couple of years, I wanted to know what the legislature was doing along the way. So we would put together these budget briefs. The appropriations subcommittees would meet Monday-Wednesday-Friday, so before the analyst would go home, he or she would put together this brief, this one-page sheet that would show a detailed list of what the Governor had recommended and where the subcommittee was, because they used to take votes as they would go along. When we would get towards the end of the session, right around Valentine’s Day, all the economists would get together and do the new revenue estimates. These new estimates were based upon the Christmas sales, the new national economic data, the President’s budget recommendations, and other federal economic data would have come out. Then we would go into this mode of trying to get a fix on where the legislature was, and then develop this list called ‘Hot Spots.’ It would identify all the areas where we thought needed more funding. Every year was a little bit different, but typically I’d meet with the 2 appropriation chairs—or some years they would just say, ‘Lynn, you hammer it out with the fiscal analyst and come up with figures describing the money left on the table.” This process was always a struggle for Lynn because the Governor wanted more spending than the legislature was willing to give, or the priorities would be different. The legislature wanted to put more money into roads than the Governor usually did. Or, the Legislature wanted to spend more money on roads and build buildings with cash, and the Governor would say, “No, those are capital projects and you can bond for them.” The cash was needed for more pressing issues. Lynn recalls that the Governor “was painted as being too liberal because he wanted to spend money on helping sick and poor people.” “Leavitt’s budget is Right for Demos” During the session, the Governor would hold Friday afternoon press briefing each week. Usually, there would be a couple messages he wanted to get out, and then he would open it up as open forum for the reporters to ask him questions. In most cases it was budget related, so Lynn prepped him in advance. Lynn recalls, “The Governor would use that as a bully pulpit to pressure the legislature in the court of public opinion, which they hated.

They would come out with their appropriations bills and he’d have the 20 days in which to act upon a bill. During that period of time the GOPB would analyze all bills that would have a fiscal impact, revenue side, expenditure side. In some case, we would try to get a bill killed, get it modified to be more acceptable. Some bills would carry their appropriation, especially those that were for new programs. So that bill would definitely have to be tracked. We’d hold all appropriations bills for signature or veto until towards that 20-day period to make sure that when you added all this up, it was in balance and correct. Early on it seemed like every year there would be duplications. Like this 2 million dollars would be funded over in the main bill, but then it would also be funded in the appropriations portion of it, so we’d have to tell the Governor to line item veto just to clean up the whole budget.” Usually the legislature would hold the spending bills until the very end, until they knew that they had money. But, there is so much going on, and with billions of dollars, things can get overlooked or missed. After that period, the GOPB would go into budget summary mode and pull together the books listing all the things the legislature funded.

Quality Growth Report

Quality Growth Report

I. Introduction Michael O. Leavitt holds the distinction of longest economic expansion in modern Utah state history. His governorship consists of eight consecutive years of three percent or higher job growth. This had never happened in Utah since about 1950. Net migration in a year during Leavitt’s term was never lower than 9,700 and during many years was as high as 30,000 which meant during his entire term more people were entering the state than leaving. This created many new problems and challenges for the state of Utah. The major issues revolving around this increased growth were transportation, air quality, land conservation, water quality and water conservation. These were part of the authority of state government and also outside of state government. People were starting to talk about the need for something besides state government which brought on discussions for the creation of Envision Utah. The Coalition for Utah’s Future with Robert Grow and Stephen Holbrook had some of these discussions. Leavitt entered the scene in 1992 and ideas started to percolate. By the middle of 1993 the question had spread and it was a live discussion. II. Growth Summit In 1995 the Growth Summit was created. The Summit brought all of the discussions and all of the players together and created a really complete discussion. Growth Summit was the leader in Utah’s efforts in Quality Growth and became the defining moment.  Transportation, water, and open space were the three major things the summit addressed. The set up of the Growth Summit was to have several different meetings all over the state occurring simultaneously but in different locations. At these meetings everyone got a chance to discuss the issues and present their ideas and opinions. Then a number of these leaders met directly with the governor in Salt Lake City where they vent all the different ideas they gained from the previous meetings of how to work on the issues and how to resolve them. Eventually all of the ideas and resolutions would be brought together into a planner. The Growth Summit received an hour and a half of prime time television on every station with preempted programming. Educational data was aired beforehand and then they showed the discussions. Vicki Varela is the one who handled all of the negotiations with the television stations. Other major players to get the Growth Summit going were Mel Brown, Frank Pignanelli, and Lane Beattie who was President of the Senate at the time. The Growth Summit was a place to discuss the major issues, but also a place to lay some groundwork for future issues and things which the governor might want to work on in the future. For example air quality was an idea in the background but was not a main focus. Today the issue of air quality would be much closer to the top. Also in the back of everyone’s mind was I-15. Norm Bangerter’s administration tried to face that problem of transportation but never really got to that point. The summit was an opportunity for the governor to plant the seeds and take the first steps to be able to get I-15 done. These discussions morphed into the idea of the Centennial Highway Fund. Ideas about water conservation, even though it was not very important then, were born in the environment of the Growth Summit. Regarding open space, Utah had never done anything in that arena before and the summit was the first time it had really been discussed in a major way. Growth Summit developed great documents and reports on solutions in water and land and transportation that poured in from local government and business associations. A hallmark of the summit is that the process was all-inclusive and brought everyone in. It was not just something for the executive branch to take care of. The planning office assembled the documents and reports into a planner and these led directly to other efforts by the governor, specifically in the form of executive orders. The first executive order issued in relation to the discussions that took place at the Growth Summit created the critical lands conservation committee. This was interesting because of the fact that it is not called “open space” even though essentially that is the issue they were dealing with. Critical land was more specific. Open space was a concept that was questioned and criticized from the beginning. “What’s open space? We’ve got lots of open space, why do we need more? 60% of the state is open space.” Calling the issue “critical lands” created a real fundamental shift in a lot of non-urban people’s thinking to get them to come to the table. The issue was not to create open space for the sake of open space, but to preserve critical lands like water life habitat, water sheds, agricultural lands, etc. Critical lands put the focus on what was really important. In creating the critical lands conservation committee, Utah went back to central, basic environmental philosophy and created their plan. The philosophy of environmentalism is often so broad and open ended that it is impossible to really get your arms around it. The planning office was trying to get their arms around it and make it a practical and pragmatic process. They did not just adopt the language and a plan from somewhere else, the ideas had to be homegrown and meet the needs and philosophies of the public of Utah. They found a plan that worked for Leavitt and Brad Barber, but there were other expectations from people like Mel Brown. These two philosophies combined and created something better. The result was the original concept of critical lands. Staff members did not use the word open space, only critical land was discussed. In the same vein, Utah did not use smart growth with Envision Utah; it was Quality Growth because it was their homegrown vision. The second executive order requested all state agencies to look for property for land they owned that would be important to try and conserve. This was issued to agencies like the Department of Transportation and was something that had never been done before. The background discussion that led to this also led to further discussion about the partnership between business and local government in dealing with these issues. This discussion led to the official creation of Envision Utah from 1997 to 1998. III. Envision Utah The launch of Envision Utah was a significant move for Leavitt because a similar initiative was the issue that cost his father the election to governor. Leavitt’s father, Dixie Leavitt, was running for governor in 1974 when a big land use planning act went to ballot. Dixie was supportive of that bill and in the planning office mean letters were coming in making accusations of Dixie being a Marxist or Stalinist. There were a lot of misconceptions as Dixie was far from a Marxist. He just thought the initiative was a great idea and this contributed to his loss of the campaign. Because of this, Mike Leavitt was ideally prepared to handle this type of initiative because he had seen his father fail at it. Leavitt had no experience of his own to deal with the issue but he did have the experience of his father. For Leavitt to take on the same issues that cost his father an election also required a great deal of courage because he also learned from his father’s experience how these things can hurt you. He still pushed forward because it was the right thing. Leavitt called on the experience of other giants of Utah as well when preparing the minds of Utahns in dealing with land issues. A powerful idea was hatched in a meeting to have Brigham Young himself come to the launch of Envision Utah and speak to Utahns. So in 1997 Brigham Young came to the launch at the Delta Center in Salt Lake City to give Utah a pep talk and share some more of his vision. Historian Leonard Arrington was hired to play the part of Brigham. Brigham, played by Leonard, essentially said at the launch, “You guys have done some pretty good stuff since I was here last but I’m not happy with everything. There’s been a lot of great things done but my vision for this valley, this city… you guys have got some work to do.” Leonard was short and portly and dressed up for the part. Leonard came up with the speech himself as well. He was given some concepts to work with and then given freedom as far as how to say it. Leonard had done things like this before but never in the context of growth. His knowledge of the history of Brigham and city building made the speech extremely effective and truly powerful. The approach to launching Envision Utah was to create a cooperative partnership. Envision Utah consisted of over a hundred big partners. These partners sometimes had a vision that was a little bigger or a little more powerful but it was Leavitt who insisted that things be done in a cooperative fashion rather than pushing these ideas on people with a lot of mandates. Many like Robert Grow and others in the beginning would have opted for more forced action with mandates and a lot of heavy planning. Thus when Leavitt came along and wanted to work together with people they were anxious to speak up as well as listen. Envision Utah was created to get as much done without coercion and to offer more rewards rather than punishment; use carrots when appropriate and keep the stick small. At the launch, Leavitt also delivered a very powerful speech that followed up to Brigham Young. It was written by Vicki and Brad and described the direction which Envision Utah hoped to take the state of Utah and how he wanted to do it. Because of the things Envision Utah was out to do, many people would get upset. One example is when Ellis Ivory went the governor asking for Brad Barber’s head on a plate. A scenarios analysis process was run which gave an idea to the people at Envision Utah where they should start making their major efforts. The scenarios analysis used modeling and looked at density issues and how that plays out in respect to infrastructure cost and water use and air quality and determining the costs of different development patterns. This process with the scenarios analysis process was what created the foundation to come up with the strategy for Quality Growth. At times this could be thought of as the largest public private partnership on Quality Growth and has incredible name recognition. The numbers that came out of this analysis made Ellis Ivory very unhappy. Ellis liked to go and buy a bunch of raw agricultural land and put up Ivory Homes one after another. Ellis did not feel like Envision Utah and its talk of clustering and town centers and more density was supportive of his usual way of doing business. After receiving the numbers, Ellis went directly to the governor to raise his complaint. Ellis called the meeting and Brad was asked to go to the meeting but Brad was not aware what the meeting was regarding except Envision Utah. So the meeting with Brad, the governor, and Ellis convened and straightaway Ellis starts quoting numbers. He tells the governor how awful these numbers are and that someone’s head ought to be on the platter. Leavitt turns to Brad and says, “Defend these numbers.” Brad did not even know that they would be discussing the numbers from this analysis so he had not spent any time recently looking over them. So Brad did not know what to do. He said, “Well, this is a complex model, uh, give me a couple of hours” but that did not sit well with the governor. The situation was very testy and Brad and the governor agreed to spend more time with Ellis to work out the problems. The situation was eventually resolved but there were many situations similar to this. Brad recalls three different times when someone, instead of sitting down with Brad and going over the issue, they would go directly to the governor. These situations show how people were ready to just do away with the process. Natalie Gochnour also had a run-in with Ellis Ivory. Today she has Ellis’ daughter working with her and she is certainly a fan of the Ivory’s but during this time there were many collisions. Natalie was speaking on a panel regarding Quality Growth with Ellis and another person and Ellis was really attacking them and specifically attacking Natalie. There was a Deseret News story by Lucinda Dillon that starts out, “Natalie Gochnour is reminding herself lately of a deer in a Far Side cartoon. It’s a classic by Gary Larson: two deer talking, one with a target on his chest. Caption: ‘Bummer of a birthmark, Hal’” [“Predicting Utah’s growth creates pains and strains, Builder disputes figures, methods used for research” by Lucinda Dillon, Deseret News 09 December 1998]. On these panels and in these discussions they were dealing with some really tough politics and philosophies so it got very personal very quickly. There were a lot of tough things along the way with Envision Utah but today it is very well accepted throughout the state. At that time, the governor being pro-transit was extremely scary publicly but today the environment has totally changed. Envision Utah is the foundation for the downtown rides available today and the most other ideas it represents are really a standard for quality growth. It is not nearly the controversy it was coming out of the gate. Envision Utah prevailed partly because of the smart political savvy of Mike Leavitt helping to steer though the obstacle course of tough politics. People were so skeptical and upset at the time that the legislature ordered an audit of the agency to make sure no public moneys were going to it inappropriately. Today Envision Utah is stronger than ever. IV. Quality Growth Act In 1998 the discussion on the Quality Growth Commission was started and then the Quality Growth Act was passed in 1999. The creation of Envision Utah was extremely helpful in getting the Quality Growth Act passed. Of course, Leavitt himself was also very helpful in pushing the legislation. This was definitely his deal and his legislative leadership was very important in passing the act. Earlier it was discussed that Envision Utah was the cooperative approach to the issue- using carrots. The Quality Growth Act was the stick but also the money to support it and create more of those incentives. A. Background The Quality Growth Act was sponsored by Kevin Garn in the House of Representatives and Lane Beattie in the Senate. There were two major parts of the bill. First was to incentivize, direct and lead state agencies and local government towards meeting these Quality Growth goals. Second was to create the money funding mechanism for critical lands. The bill went through a million iterations and got watered down so it was not as powerful as when it was first introduced. Even with all of the watering down it was difficult clear until the end to try and get that bill passed. The bill had the support of the governor, the support of the senate president, and the support of the house majority leader yet even with all of that political punch it still met a lot of opposition. One of the more interesting events in the state legislature was on the last day of the debate on the issue. Marty Stevens is the Speaker and Mel Brown is ex-speaker on the floor with Kevin Garn as the sponsor. Mel Brown stands up to oppose and amend the bill. Brown started to do some very inappropriate things and executing all sorts of strategies to kill this bill. Marty gets very furious and turns the podium over to someone else and marches down to the floor to debate Mel. That was unprecedented. Marty was not doing this just out of love and support for Leavitt, but because of his distaste in ex-speakers taking him on. Behind the scenes Kevin, Marty, the governor, Layne, and everyone worked and came up with a plan that they can all live with and then Mel came along to try and muck it all up and destroy it. So Marty in all of his fury takes the floor with Brown and enters into a very heated debate. Then there was a vote and it passed. It passed with a little bit of room even. [To listen to the last day of the debate on the Quality Growth Act click here] In the Senate it was also a tough vote. Lane Beattie did well in the Senate to get it done and really carried the way. It was not easy here either but it passed and this bill provided some great steps to move forward and create some real money for land conservation. B. Funding- Lee Ray McAllister The issue with coming up with the money for land conservation was a brilliant strategy. Many people hated this and did not understand why the state needed money for open space. Again, “We have enough open space; we don’t want to put money into this.

Let’s put it towards roads.” It was also very much an issue of urban versus rural as Salt Lake City really wanted to try and preserve some open space in the city but in the rural areas there was already plenty of it. There was a meeting in the governor’s office where they discussed this issue and realized that this has a long way to go to try and get some financial support. They just needed to get it done and put some real enthusiasm into it. The idea was hatched to put Lee Ray McAllister behind it. Lee Ray McAllister was senator at the time and was beloved by all and chair of the Appropriations Committee; he had the money and he had a great love for parks and trails. Basically, no one would dare to vote this funding down if it had Lee Ray’s name on it. Governor says, “Let’s get Lee Ray in here,” so they did. Brad got Lee Ray who was also a professor of accounting and McAllister was very humble about it but he agreed to do it. Putting Lee Ray McAllister’s name on that fund carried that part of the bill and even though it has not been that long, Lee Ray has passed away and a lot of great things are being done in this. That fund created sixty thousand acres of land, leverage, and all kinds of money and really made a huge difference. A simple example of those great things being done is the once-vulnerable Grafton land which is now preserved along the Virgin River. Every county, both rural and urban, has been affected by this. Some years it has had more money than others but it has endured. Legislators have tried to kill it. Kevin Garn tried to rob it to use on some other things he wanted to do but the governor would not allow it. Garn fought tooth and nail to try and get that money but every year the governor was there he went back and made sure that it stayed intact. Huntsman has done the same thing even though he has changed a lot of other things that the Leavitt administration did. Huntsman was loyal to the cause that Envision Utah and the Quality Growth Act were working towards because he shared in that vision with Leavitt. The work done here in Envision Utah and the Quality Growth Act left a legacy that people involved in the arena of Quality Growth will stand up and applaud day in and day out. V. Twenty-First Century’s Communities Program A rural component of growth planning was also created which was entitled the Twenty-First Century’s Community Program. Leavitt, probably more than any other governor at this time, really had compassion and understanding and a vision about rural Utah. He knew where things were and could see where things were going. Rural is often kind of backward looking in the arena of Quality Growth so in many ways Leavitt was ahead of the people in rural Utah. He had a great vision for rural communities and was able to lift everyone’s sights by the time all was said and done. Leavitt got people in rural Utah thinking in terms of planning. Although things in the Wasatch front were booming, the rural economy was still pretty weak. Rural counties and communities had very limited capacity to deal with anything in terms of staff and they really liked to complain about public lands. In rural Utah there were two extremes of growth, either zero pressure or extreme pressure. For example, St. George was booming, but Loa was not booming at all. The governor was able to see what was coming and take necessary measures to encourage these rural communities to do some planning to preserve some of those critical lands and facilitate the right kind of growth for when it did come through the Twenty-First Century’s Communities Program. Brad Barber and Natalie Gochnour drafted the outline for the Twenty-First Century’s Communities Program. Wes Curtis spearheaded the program. They ended up with a white paper that laid out a plan for Twenty-First Century’s Community Program. The visions itself was very grandiose. There were big signs, billboards at entrances of cities, cash rewards, and big celebrations. They did not have the money for all of that stuff. Twenty-First Century’s Community Program recognized the communities who achieved certain levels of planning success. A community that achieved these standards could receive bronze, silver, or gold levels in the Twenty-First Century’s Communities Program. Achievement was determined by completion of a series of community assessments. Then the assessment tool was put online which was a very new concept for the time. Some communities did not even have access to the internet so modems were set up. Different assessments were set up for different categories of growth. They included: economic development, public safety, healthcare, transportation, infrastructure, natural resources, and portable housing. To become a gold level they had to do a certain number of these categories and bronze and silver awards were stepping stones along the way toward gold. In the beginning some communities were hesitant to engage but a few stepped up and went for it. As soon as they got success the program recognized and encouraged their efforts and then others began to catch on as well. By the end there were 135 communities who were participating in the Twenty-First Century’s Communities Program. Somewhere around fifty to sixty of those achieved a gold level. That is progress. The level of planning sophistication in the beginning was low but by the end of this process the bar had been raised dramatically. There were regional planners, planning and zoning commissions, community and county leaders who were conversant and understood the issues. Those planners are still in place today and working in rural Utah. The theme of the program was “Skating to where the puck will be.” The communities that hit these levels were given bronze, silver, and gold pucks placed in plaques. Leavitt’s vision proved true. Since 1998 there has been a dramatic change in rural Utah in terms of growth and economic diversity. VI. Lessons Learned A. Regrets/Mistakes There were a lot of lessons learned during Leavitt’s years working on Quality Growth. One mistake or regret includes the BLM West Desert Wilderness issue. That West Desert Wilderness bill was very controversial and no one was happy with it. For one side it was too much and for the other it was not enough. At a meeting in Washington DC as the bill was going into Congress and being debated, Bruce Babbit and the rest of the wilderness committee surrounded the governor and said, “You’ve got to give us more. We have to have more wilderness in this bill. We just have to have more to get this done.” Bruce Babbit said to Leavitt if he worked really hard he could do it and get more. The governor just looked at these people and said, “You have got to be nuts. What I’ve done is lay my political career on the line to get this done. The Republican Party in Utah thinks I’m nuts. They’re ready to string me up. The rural county commissioners want my head on a platter and you’ve got the nerve to come in here and say you’ve got to have more. I cannot. Meeting over.” Leavitt really did lay his career on the line to try and pass the bill. He pushed the conservatives and pushed the county commissioners to the edge trying to compromise and find that place. The bill never did pass. When Leavitt was resigning as governor there’s always the one big question that people ask. “Do you have any regrets? What do you wish you could have accomplished that you didn’t?” Leavitt did not hesitate. The deep regret was never getting the BLM wilderness thing taken care of. He was open about this regret. He invested a lot but those harsh divisions and extremes made it impossible to find middle ground. The situation was a lesson in extremes. The opportunities that Leavitt once had have now been squandered and all the things he invested have just evaporated in the past several years. The opportunity was lost and the tide has turned. Legacy Highway was another issue that garners some regret, not because of what was done, but because of how it was done. The end result of the Legacy Highway was great and in the end very successful. However getting there was a very nasty battle. In making the Legacy Highway happen some painful and expensive situations were created that might have been handled differently to save cost of sanity as well as money. B. Positive Lessons Overall, Quality Growth had few regrets and was successful. There were a variety of things that made the governor successful as a leader of Quality Growth and more simply as a governor. People were truly motivated to work with him and be a part of what he was working towards. Natalie Gochnour remembers when Leavitt was first running for governor on the republican side of the ticket. It was down to Stuart Eyre and Michael Leavitt. Eyre had a great TV presence and was an excellent speaker and Gochnour thought Eyre would take it. Natalie was at a conference with Bud Scruggs, a political insider and former chief of staff, and when Scruggs was asked who he thought would be the next governor he said Leavitt. Natalie thought to herself, “I don’t even know who he is. An insurance salesman being the governor?” Then Leavitt won. He gave an inaugural address that really took on the federal government. Gochnour was slightly horrified in a way because Leavitt’s speech was extremely bold and gave an impression to others that he was a “sagebrush rebellion” kind of person. However, even with all of her doubts, within six to eight weeks Natalie was completely won over by this man. He sat down and talked with the staff and Natalie saw that he was actually quite moderate. She went from skepticism to full support in six to eight weeks. An important move for Leavitt was his decision to keep people from the previous administration on board for his own. For Brad Barber in the state planning coordinators position, it was a highly political time. A new governor easily would have moved Barber out of that position and 75% of the time that is what happens when someone is left over from another governor. Leavitt called Charlie Johnson as budget director and he also became Leavitt’s first chief of staff. Johnson was a big fan of what was happening in the planning office and recommended to Leavitt that he keep all of them, so Leavitt did. In the state planning office, Leavitt embraced the environment that was already in place. He enjoyed having a diverse opinion and opposing ideas around him; he liked diversity. In the arena of Quality Growth, land preservation and public lands he wanted people with an environmentally progressive perspective. He did not always agree with them and was not always willing to go all the way with them but was willing to discuss it and be creative. Brad Barber was one of these diverse opinions that Leavitt inherited on his staff from the previous administration and having Barber by Leavitt’s side kept many people in support of Leavitt. In a lot of issues people from either side might not like where Leavitt was going but they loved Brad. Brad set Quality Growth up for success with his academic and professional background which created his philosophical orientation. Brad was able to open up the governor’s mind in a way that a tried and true republican would not have. For Leavitt to recognize the talent in Brad and empower him is a huge lesson to future governors. Leavitt recognized and kept the right person for the job and as a result he saw success. An impressive thing that Leavitt did right away was he would just walk into Brad’s office and say, “I need this and I need this and I need your help.” Bangerter never did that. The impression Leavitt gave to people was that he wanted to involve you and he had the influence that made you want to do your best to help him. He did his best in his work to get his hands dirty and was not afraid to use a little elbow grease. This work ethic inspired those around him to give as much as he gave to accomplish their common goals. The selection of Wes Curtis is another circumstance where Leavitt recognized the right man for the job. The rural summit was held at Southern Utah University that year and it was a big event. Everyone knew that he would be announcing a rural czar because he made that a big priority. He wanted to lift a person from rural Utah and put him in the governor’s office and that is essentially what he did with Curtis. At the Summit the governor announced Wes and said, “I’ve picked one of your own.” The crowd gave a standing ovation. Wes understood rural Utah because he was rural Utah. He had been involved in a lot of things but strictly on a volunteer basis so this was a new environment for him but he was evidence that Leavitt really cared about the interests of rural Utah. Leavitt showed concern for rural Utah in dealing with growth issues in other ways as well. The governor attended every one of the Rural Summits from the time he started to when he left office. That has not happened since. Rural Utah was not an afterthought like it so often is with other governors. Rural Utah was very important to Leavitt and he truly cared. He made these summits a big deal and his attendance really bolstered the enthusiasm and the attention that they got from the rest of Utah. VII. Conclusion The major effect that Leavitt created in Quality Growth was just breaking the ice and getting people to be at least willing to talk about these issues. Although not a lot was necessarily accomplished at the time, today we see a lot of results of these initial discussions. Collaboration and the partnership cooperative approach is so embraced and very well accepted today. That environment opened a lot of doors. For example “open-space” is not the dirty word it used to be. Also, air quality is something that was not discussed at the time but today that is something that would certainly percolate up to the top. That is the next frontier for Quality Growth discussions. Water issues have gone a long way as well. Water conservation was not even part of the picture back then but today it is a way of life. How to get these things done is also something that Leavitt introduced. Rather than trying to make these major changes state wide it is better to break it up and pull it apart and do it piece by piece, focusing on the needs and wants of a more specific area rather than the whole state. This was exemplified in the Washington County piece and it got done and that is the only way things are going to get done. In terms of Quality Growth, Leavitt was an agent of change. It was just one more thing to pollute his life and add complexity to his administration. There were a lot of battles at the legislature and he had people in his own party opposing him. He was even booed at his own convention. Part of Leavitt’s legacy was that as a republican he embraced things like Trax and open lands. His openness in dealing with the issues of growth got Envision Utah and Quality Growth thinking. This attitude got people talking about these issues in a way that you could not when Leavitt first started. The important thing in all of this is that the state gained. Had these moves not been taken the state would certainly be in trouble today.

The Lawsuit

The David C. v Leavitt Lawsuit In 1992, David C. v Leavitt was filed shortly after the election capturing attention in the media and positioning child welfare as a key issue. While in litigation, there were a couple of key issues at play. The David C. suit was filed by the National Center for Youth Law (NCYL) which focused on class action litigation in the child welfare and juvenile justice field. Also, the Center for Youth Law, Bill Grimm, and his colleagues, were motivated by the money. If they were able to get a judgment against the State, they could write themselves into it. If the governor and his team were able to fix the problems short of intervention and on-going jurisdiction of the federal court, there was no money in it for NCYL or Grimm. Leavitt states, “I wasn’t persuaded that they could be so nefarious at first, but the more I dealt with them, the more persuaded I became. I now conclude that obtaining a judgment was, in large measure, what motivated them. They had a case, they wanted to bring it, and they milked it for 14 years…we’re not talking about small rates. They were milking it a 250 and 300 dollars per hour back in the 90’s.” A recent report prepared by the Office of Legislative Fiscal Analyst details the amount of public funds expended on NCYL lawyers and monitors throughout the course of the David C. The total cost was $6,841,391. The National Center for Youth Law is headquartered in San Francisco. At one point Governor Leavitt personally traveled there to show his commitment to improving the status of child welfare in Utah and to attempt to gain a mutual commitment to work things out. Leavitt recalls his experience: “I thought I would go there and tell these people, ‘I want a change; I want to fix the system; I will work with them collaboratively, and we’ll fix this without litigation….’ I went to their office and went into a conference room with Bill Grimm. He brought these case files that were 3 inches thick and laid them down on the table. He began to tell stories of these children and he would call them by their first names and tell these horrible stories. I’d say, ‘Bill, I know the stories. I’m here to try and resolve this.’ …That day galvanized my understanding that this was about kids being used to build a law practice.” The pressure of the lawsuit was immense and drew resources away from actually fixing the problem. At the same time, the legislature was pushing hard to pass legislation to demonstrate leadership and show they could reform the system. Legislators discussed that reform could potentially stave off court intervention. In hindsight, it was never realistic, however, to believe that anyone could prevent the litigation form moving forward. The administration ultimately concluded that it could not fight the litigation and the legislature simultaneously. The legislature was going to pass legislation whether the administration liked the legislation or not. Governor Leavitt reflected, “I remember one of the quite pivotal experiences, an important experience for me; we were in a meeting in the Governor’s Boardroom, and I was pushing back against the legislators, saying to them, ‘I’m fighting this lawsuit; it isn’t helping that you’re out trying to do this legislatively right now. It’s unclear what reforms will come out of the litigation…In many cases you want different things than they want, and I can’t fight a two front war.’” From this, Governor Leavitt learned almost immediately that he had to work with the legislature. In a kind way, Bryant Howe, lead legislative research analyst for human services, enlightened the Governor by saying, “The problem here is that the administration is not acknowledging the fact that the legislature is an independent branch of government and they have a constitutional responsibility to do what they can to solve this problem, too.” So, in the 1994 session, with the department’s support and involvement, the Legislature enacted Representative Brent Haymond’s Child Welfare Reform Bill. This bill was a comprehensive set of policy and budget changes intended to not only improve outcomes for children but to set a foundation for potential settlement of the David C case. This bill carried a $5 million fiscal note—historic in that it was the largest fiscal note of any bill enacted to that point. In addition to policy changes directly related to how child welfare cases were to be handled by DCFS as well as the juvenile court system, the bill incorporated specific oversight mechanisms such as the Child Welfare Legislative Oversight Committee, an annual review of cases by the DHS Executive Director’s Office, and an annual review of that review by the Legislative Auditor General. Governor Leavitt and the Legislature wanted to show the state was capable of monitoring its own performance and that it could “self-correct” when problems existed. Despite the passage of the Child Welfare Reform Act, the litigation process continued. As time went on, Governor Leavitt received counsel from the Attorney General’s office, which in retrospect was really bad advice. As it turned out, the advice was much more aligned with the perspectives and desires of the advocates than with the interests and realities of the agency and the state. Governor Leavitt was advised by the Attorney General to settle the case without going to trial. The plaintiff’s and the AG crafted a settlement agreement that was overly complex and did not focus on the right reforms. As Robin explains the situation, “At the time the agency had inexperienced leadership at the department level and division level leadership which really wanted to improve services to children and really thought they could do ‘everything for every child’ and comply with the settlement agreement. They thought they could do it all if they just received the necessary resources. So the Department probably didn’t give the Governor good advice either about whether or not this was realistic to do or the right thing to do.” In a legacy interview with the Deseret News published on December 6, 2003, Governor Leavitt reflected, “if I were asked, ‘Name the biggest mistake you’ve made looking back over the past 10 years,’ settling that lawsuit would be it.” https://www.deseret.com/2003/12/6/19782085/leavitt-social-issues-satisfying The adminstration signed the David C. Settlement Agreement and the Federal Court accepted the terms in August of 1994. The agreement included 93 reform items and over 300 sub-items.  The state was required to fund significant increases in caseworkers, treatment services, assistant attorneys general, guardians-ad-litem, and a new management information system along with other technology tools for caseworkers. However, the technology was not effective because the databases were not built and the caseworkers were content to work with hard documents and paper files. The settlement created a 3-member David C Monitoring Panel to oversee how the state performed and report to the Court. Throughout the years 1994-1998, the state struggled with in complying with the agreement’s numerous provisions, many of which had no direct relationship to safety and well-being outcomes for children and families. Millions of additional federal and state dollars were invested into the child welfare system in the form of staff and services, yet the performance of the department lagged. In the settlement, Governor Leavitt was uncompromising on one element – the settlement was to contain an absolute end date. The experience of other states clearly showed that absent a firm end date, class action suits like this dragged on for years and years. The original David C. Settlement Agreement included a provision that the agreement would expire four years after its effective date—August 28, 1998. The Plaintiffs could sue again, but the original agreement would expire. When the four years came to a close, DHS celebrated for a brief two weeks when Judge Winder ended the agreement as provided. Judge Winder retired shortly after his ruling and a new federal judge, Judge Tina Campbell took over case. Based on a petition by the Monitoring Panel, Judge Campbell ruled that she had continuing jurisdiction, and the agreement of the parties to terminate the agreement was not binding on her. So, court oversight continued. The Governor appealed this decision, and to this day, it stuns him that the state lost the appeal. Governor Leavitt speculates that this ruling could be explained by the fact that Judge Campbell worked in the social service area long enough that she had attained personal attitudes and feelings about the case. Robin explained that the monitoring panel, as designed in the original settlement, was destined for failure. Each side selected a panel member to represent their interests. The Governor appointed Larry Lunt as the state designee. NCYL appointed Sherri Ann Cottrell. The third member was to be agreed to by both parties. Pamela Atkinson was given that distinction. Robin reflected, “That whole set up was uneven, let’s just set aside personalities, that design was doomed to failure. The role of the Panel was to determine what ‘compliance’ with the settlement agreement would mean—what the standards would be—and then determine if the state was in compliance. The agreement itself contained no such definitions. The Panel, much like the state players who advised the Governor to enter into the agreement, believed that the state could and should reach the highest standards.” Governor Leavitt said, “I remember how they kept increasing the level of what was expected, so even when we did meet them or come close, they would modify how they defined compliance.” Documentation was also an issue—compliance was measured by what was or was not in the case record, there was no measure of what was happening to the children, it was all about the file, the process, and not about their outcomes. The monitoring panel eventually collapsed under its own weight, and by 1999 all parties agreed it should be discontinued. In its place, the court appointed a single court monitor, Paul Vincent, Director of the Child Welfare Policy and Practice Group. Paul was the past head of the Alabama State Child Welfare Agency and had managed that agency while it was also under court jurisdiction.  While this movement to a single point of oversight was an improvement, it was still turning over the complex child welfare system to outside control and compliance problems persisted. In 1999 Richard Anderson was appointed as Child Welfare Director – the fourth director since the inception of the David C. suit and settlement. Richard had spent his entire career in public social services and child welfare and had the highest level of respect from line staff, community stakeholders, and legislators. He was successful in convincing Judge Campbell and Paul Vincent that the best way to actually improve the child welfare system would be to allow the state to re-do the settlement agreement to reflect the policies and direction that the state believed would be most beneficial to children and families. He was willing to invest resources and energy into redrafting the agreement. Richard also established appropriate management structures and processes at all levels within the agency. Once that was done, performance and compliance began to show dramatic improvements and Richard started the state on a path that led to ending court oversight and vast improvements in the system. In the end, the Governor summed it up by saying, “To go to the bottom line here, we spent tens of millions of dollars to try and improve the situation. We also spent millions of dollars trying to satisfy the courts and pay lawyers and monitor panels and people who had their own interests; that money could have gone to children, and I don’t think we did anything much differently than we would have done on our own given the fact that the state law had been changed and we had appropriated the money for improving the system. There were a lot of misguided incentives in that agreement.” To this day, Governor Leavitt continues to provide other governors advice to stay out of federal court with anything to do with the state. As time passed and Governor Leavitt became Secretary of Health and Human Services, he realized Utah wasn’t alone. By then enough time had passed and enough work had been put into child welfare that Utah’s system looked like a very good system compared to many other states. Governor Leavitt acknowledges that sometimes people and governments need to be a pushed to change. He would like to think he would have worked hard to improve child welfare regardless of the legislatures’ involvement or the lawsuit. In the end, both pushed the state towards change and improvement despite an enormous cost. This conflict proceeded for fourteen years, well beyond Leavitt’s time as governor. Although fourteen years is a long time, comparatively, many agreements like this go on for 20 or more years. Only a handful of states that were sued in the 80’s and 90’s and entered into settlement agreements or found themselves the subject of consent decrees have been able to get out from under these convoluted agreements. To this day, most of those states remain under court jurisdiction. As Secretary of Health and Human Services in the Bush administration, Governor Leavitt pressed the Administration for Children and Families to create standards that could become national standards, so courts could use them as a measuring stick to avoid the arbitrary circumstances under which the State of Utah was placed. Federal courts had no standards and could only use standards expressed in the various agreements.  If that did not fit or meet the need, courts would simply create new standards to suit their own purposes. The standards that Governor Leavitt pushed for in Washington D.C. were a great accomplishment and allowed states such as Utah to base improvement plans and performance expectations on child outcomes as opposed to processes. Robin explains that while lawsuits are an expected “fact of life” in the public human services arena, the fact that the National Center for Youth Law was an out of state organization was problematic. NCYL had or has no on-going presence in Utah—did not live and function in the same environment that the agency did. They had no accountability within Utah. They could fly in, state their views and accusations, make their demands, and then fly back out again. Robin compares and contrasts this to the Lisa P. v Leavitt lawsuit which was filed and settled during this same timeframe. This suit related to moving individuals with severe disabilities served in the State Developmental Center into community based settings. The Lisa P. suit was filed by the Disability Law Center, a Utah-based organization. On-going negotiations and oversight was very different than those with NCYL based in San Francisco. The Disability Law Center was much more responsive to the state and willing to work with the state in finding local solutions to problems as opposed to being greedy, intractable, and cavalier.

Additional Information

David C. v Leavitt Lawsuit overview from the National Center for Youth Law: https://youthlaw.org/news/david-c-lawsuit-transforms-utahs-child-welfare-system David C. v Leavitt Lawsuit: http://ca10.washburnlaw.edu/cases/2001/03/99-4223.htm David C.

Notable Child Welfare Cases

Notable Child Welfare Cases Another pivotal child welfare event was the Parker Jensen medical neglect case that acquired a lot of media and public attention and scrutiny. The case came to the attention of the Division of Child and Family Services when the young boy, Parker Jensen, was diagnosed with cancer, and his parents refused to put him through the recommended treatment regimen. Under Utah’s child abuse laws, doctors are required to report any suspected abuse or neglect including medical neglect.  As the child protection case began to play out in juvenile court, and to avoid having their son treated, Parker’s parents took him out of state and “hid” him. Utah physicians vocally argued that Parker would die if he did not receive treatment. Parker’s parents refused to believe it. The State, through efforts of the Attorney General and the Office of Guardian ad Litem secured a court order for the return of Parker to Utah. The story blew up in the press because it became a rallying cry for the rights of parents over the rights of the state. It was learned that Parker had been taken to Idaho. In an effort to find a peaceful resolution, Governor Leavitt sent representatives to talk to the parents. The Jenson’s agreed to return to Utah with Parker where they would submit to the authorities with the agreement that there would be plea negotiations. Complicating the issue somewhat was a request for extradition of the Jensen’s to Idaho. Governor Dirk Kempthorne was about to push for extradition, but Governor Leavitt called him and said, “Look, there is more to this story. You need to slow down your process.” Originally charged with felony kidnapping for taking their own son out of the state, the parents pled guilty on October 2, 2003, to a lesser charge of “custodial interference.” They were each given one year of probation, after which the charge was removed from their records. The Attorney General and State Guardian ad Litem were convinced that it was the state’s role and duty to ensure that Parker receive treatment even against his parent’s wishes. The recommended treatment regimen was forty weeks long, and reportedly very painful. Parker did not want the treatment and was very vocal to the Judge and to the public in his objections. Admittedly, there were mixed perspectives within the agency with staff on either side of the issue and every possible position in between.  This was not atypical of a child welfare case and a good example of why child welfare cases can be the most difficult issues a state government confronts. In addition to the policy struggles this case portrayed, it also presented significant challenges for practice in child welfare. If the Department was ordered to pursue treatment against the wishes of the patient and his parents, the agency would be placed in a position of determining how to enforce that decision. Robin recalls a telephone conversation with the State Guardian ad Litem discussing the situation. She asked, what would you like me to do? Parker is twelve years old, he doesn’t want the treatment. Do you want me to lock him up in a juvenile justice facility to treat him? Because that is what it may take.” Stunningly, the response was, “Yes.” This demonstrates how government employees can become mission driven and lose sight of the individual child they are supposed to be helping. The Utah courts eventually ruled that the decision to receive treatment was that of the Jensen’s, not the State, and Parker did not undergo the treatment. Indeed, five or six years later, Governor Leavitt met Parker Jensen’s father. In their conversation, Governor Leavitt asked about Parker and was told that Parker is healthy as a horse living life as adult. The Jensen family pursued a lawsuit against the state, Primary Children’s Hospital and the doctors there. The lawsuit is still in progress. The Parkers claim that emotion got in the way of rational, scientifically driven decision making when it came to treatment for Parker. There was a confrontation between Parker’s father and the lead physician, which led the physician and members of his team to take a hard-line position regarding the need for treatment. This was a very intense process, and members of the administration were heroic in the way they handled negotiations until cooler heads could prevail. As it often happens after a big emotional case like this, a series of bills were written to modify child protection laws, especially as they relate to limiting the role of the state in superseding parental rights. Several legislators tried to modify state statutes based upon this one case to increase parental rights.  This happens often in the human services area generally, but particularly in child welfare and the laws are often named after the child. Another child welfare case that caused a stir was the case of Baby Bo. Baby Bo was held up by Governor Leavitt at the State of the State Address in 1998 to launch the Foster Care Foundation. Unfortunately, three weeks later Baby Bo’s foster parents were arrested for abusing him. This just goes to show that one never can be sure.

Welfare Reform

Welfare Reform When Governor Leavitt came to office in 1993, Utah was already well on its way to implementing state designed Welfare Reform, and in 1994, Utah started to realize broad reforms. These reforms, it should be noted, took place long before welfare reform was a national agenda item and was very consistent with Governor Leavitt’s desires to focus on areas where states rights could be asserted. Department staff had joined with stakeholders and community agencies to design what became known as the Single Parent Employment Demonstration (SPED) project, which was implemented in four locations in January 1993. The project required the State of Utah to request and receive federal approval of 46 different waivers of policies that stood in the way of single parents entering the employment market and successfully working their way off welfare.  The focus of Utah’s efforts was assisting struggling parents by increasing their family income with employment and child support.  The goal was to make welfare about work and making work pay.  The federal Aid to Families with Dependent Children (AFDC) law prior to 1996 was very prescriptive and left very little flexibility for states. Governor Leavitt explained, “It had a series of onerous rules that led people to dependence, and that had all kinds of unintended consequences because, unfortunately, the incentives were structured to keep people on the system.” Utah had been one of the most aggressive and progressive states in the period of 1993-1996 in securing “federal waivers” to operate state run public welfare and had experienced great success. This success became an early precursor to the creation of the Department of Workforce Services that would integrate and consolidate welfare services and workforce services under the same department.

That model was truly revolutionary. http://leavitt.li.suu.edu/leavitt/?cat=23 Robin explains, “The way our old system worked, if welfare recipients actually went to work, it was all or nothing. They lost all their cash benefits as well as medical coverage for their children. What we put into place was something that said if you go to work we will not simply reduce you a dollar in benefits for a dollar earned. We were trying to make it a smoother transition between work and welfare by more gradually reducing benefits based on earnings and by assuring those who did go to work that their medical coverage and child care assistance would continue.” The new system was setup to help people get back on their feet. Governor Leavitt says, “In 1995 or 96 we had been operating for a year or so, and then Welfare Reform became a national issue. As a result, Utah was right in the middle of it.  At that time I’d become Chairman of the Republican Governors. Robin, really lead nationally through the NGA and the RGA, on welfare reform.
I mean Robin was literally at the table when the federal law was written.” Robin recalls her experiences, “It was pretty amazing to see our finger prints all over the federal law, and it really did mirror what we had been doing….  For the staff, it was validating for them that we were doing the right things and that it was being recognized.” Although it turned out well, Robin continued, “It was difficult. I remember some of those final negotiations back in Washington D.C. and how frustrating it was because it had gotten down to the politics stage, the pure politics stage, rather than the right policy stage. But, we successfully got through it.” Governor Leavitt added, “It was technically one of the great legislative successes of the Republicans in that era, especially with Bill Clinton in the White House.

Ambassadors’ Interest in Utah

Ambassadors’ Interest in Utah

The Utah Ambassador Visits Program, which still operates today, was established by Governor Michael Leavitt as part of Utah’s 1996 Statehood Centennial Celebration. Stephen “Steve” M. Studdert was the chairman of the Utah Statehood Centennial Comission. Having served as an advisor to three U.S.  presidents, Steve felt the statehood centennial celebration was a golden opportunity to showcase Utah to foreign ambassadors posted in the United States. Steve selected Sterling Provost to serve as the chair of the Ambassador Visits Program, and he also included Dr. Erlend D. Peterson to serve on the committee.  Later Dr. Peterson took over chairmanship of the program, and he has continued the chairmanship of the program over the years—even though the Utah Statehood Centennial Commission concluded its service at the end of the centennial year. Steve Studdert and Erlend Peterson became acquainted in 1990, soon after Dr. Peterson was appointed Dean of Admissions and Records at Brigham Young University (BYU). That acquaintance was a forerunner to the centennial Ambassador Visits Program.  Dr. Peterson invited the Norwegian ambassador to visit Utah and to lecture at BYU. Three weeks after the invitation to the Norwegian ambassador was extended, Studdert was in Utah and he visited Peterson at his office. During their visit Peterson mentioned he had just been in Washington, D.C. and extended an invitation to the Norwegian ambassador to visit Utah.  Studdert told Peterson about a dinner he had attended three nights earlier with 18 foreign ambassadors in Washington, D.C. Studdert said that as the ambassadors were arriving, the Austrian ambassador initiated a conversation and told the group of ambassadors that he had had the nicest experience visiting Utah. He discussed some of the highlights of his visit. When the Austrian ambassador finished, another ambassador said he had visited Utah, and he had experienced the same thing and told how impressed he was with the people, their industry, their honesty and their kindness.  When he concluded, the Norwegian ambassador said he had accepted an invitation to speak at BYU. Then a fourth ambassador asked, “How do you get invited? I would like to go.”

Additional Information

GREEK AMBASSADOR TO U.S.

Forerunners to the Utah Statehood Centennial Ambassador Visits Program

Other forerunners to the Utah Statehood Centennial Ambassador Visits Program: Franz Kolb and Dale Ensign

Although the Utah Statehood Centennial Ambassador Visits Program was established in 1995 for the 1996 statehood centennial year, there were several people who had blazed the trail and thus contributed to the success of the program. One person was Franz Kolb who worked for the Utah Governor’s Office of Economic Development (GOED). Born in Austria, Kolb did a lot of the international hosting for GOED. At that time, there was international interest in the IT development in Utah. When ambassadors came to Utah with their trade representatives to visit IT companies, particularly Word Perfect and Novel, Kolb would often call Dr. Erland Peterson of Brigham Young University and ask if the visiting ambassador could tour the university campus.  Dr. Peterson would arrange the visit and the ambassador would have lunch with faculty and students from his home country, visit with the BYU President, and give a lecture at the David M. Kennedy Center for International Studies. Kolb’s work contributed to the design of the Ambassador Visits Program. GOED was a major partner in the Utah Statehood Centennial Ambassador Visits Program and continues to be an important partner today. Dale Ensign was another major contributor in laying the foundation for ambassador visits to Utah. In the 1980s Ensign worked for Earl Holding and the Sinclair Oil Corporation as a lobbyist in Washington D.C. Shortly after his arrival Ensign was asked by his church, The Church of Jesus Christ of Latter-day Saints (LDS Church), to be the Director of Public Relations for the Eastern States. Holding knew how committed Ensign was to his church callings and asked Ensign to hire somebody to help him with his church calling, so Ensign could stay focused on his role as a lobbyist.  Holding authorized Sinclair to pay the salary for that person.  Beverly Campbell was hired. This occurred shortly after the U.S.  had reestablished formal relations with the People’s Republic of China. Campbell and Ensign were able to bring the new Chinese ambassador to visit Utah.  The Chinese ambassador met the First Presidency of The Church of Jesus Christ of Latter-day Saints, became acquainted with the Church’s humanitarian work, and lectured at Brigham Young University (BYU). The LDS Church then began a public relations program with all foreign ambassadors posted in Washington, D.C. When Ensign returned to Utah, the LDS Church hired Campbell to continue her work with ambassadors. The Utah Statehood Centennial Ambassador Visits Program was a natural complement to GOED’s work with foreign ambassadors, to the LDS Church’s ambassador relations program, and to BYU’s hosting of foreign ambassadors to give student lectures. The ambassadors were complimentary about Utah. They were amazed by the fluency and linguistic ability of the Utahns to speak their language. Steve Studdert drew on the experience of these programs to design the Ambassador Visits Program.

Developing a Utah Statehood Centennial Ambassador Visits Program

Developing a Utah Statehood Centennial Ambassador Visits Program with a Limited Budget

Like many state initiatives, a charge or mandate is often accompanied by a limited budget. In order to develop the ambassador portion of the centennial celebration, a committee was selected, and Sterling Provost, who had been Associate Commissioner of Higher Education of the State of Utah, was asked to chair the committee.  There was a large advisory committee and a smaller operating committee. All members of the committee were volunteers.  The committee met once a week in the GOED conference room.  The first challenge was determining how to run the program without a budget—air transportation, hotel lodging, meals, and ground transportation. Steve Studdert and Sterling Provost met with Fred Rollins, the District Manager of Delta Air Lines.  Studdert asked Rollins if Delta Air Lines would provide first class airfare for the ambassadors. Rollins said that since it was a centennial statehood celebration, he would provide 100 airline tickets. The next concern was lodging. Studdert approached Ken Knight, who was one of Sinclair’s top executives and responsible for the Little America Hotel. Knight said he would provide lodging for the ambassadors in the Little America Hotel without a charge. In addition, Knight said that if the presidential suite wasn’t being used that night, the ambassador would be put in the suite. The next objective was to determine program content and meals. Studdert and Provost approached the business community and asked if they would host luncheons and dinners. The business community responded affirmatively. In addition, colleges and universities were asked to host speaking engagements and luncheons for the ambassadors. The colleges and universities were happy to accommodate. Since Brigham Young University’s performing arts had traveled into many of the ambassador’s countries, BYU was very visible and was an obvious choice. Also, the University of Utah is the flagship university in the state and the ambassadors asked to speak there. Weber State University, Utah State University, Westminister College, Dixie College, and Salt Lake Community College also participated in hosting ambassadors. The forth consideration was ground transportation. From the state’s point of view, the committee was looking at economic trading partners. Because the program had potential to bring foreign business and investment to Utah, Governor Leavitt was gracious enough to offer the Governor’s Protective Services for driving the ambassadors. Shane Terry of the Highway Patrol was enlisted and the ground transportation problem evaporated.  Initially, Studdert discussed with Governor Leavitt the possibility of inviting all of the ambassadors stationed in Washington D.C. to Utah. However, there were 180 ambassadors and only 100 available airline tickets. Committee member Dr. Erland Peterson suggested focusing on the countries that had the greatest potential to do business or provide some meaningful partnership with the state. Peterson also wanted to leave a lasting impression with the ambassadors. He wanted the trip to be more than just another business trip. Peterson suggested that instead of inviting 100 ambassadors to come to Utah, the committee could look at 50 ambassadors and have them bring their spouses. Peterson believed that if it was a shared experience between the couples, they would talk about the trip and they would remember it. GOED produced a list ranking the top 50 countries that were doing business with Utah.  It was from that list the countries were selected and invitations were extended to the ambassadors. The last component was having the ambassadors meet with the First Presidency of The Church of Jesus Christ of Latter-day Saints.

Utah Statehood Centennial Ambassador Visits Program Itinerary

Utah Statehood Centennial Ambassador Visits Program Itinerary

The ambassador visits itinerary was designed for a two-day/one night visit. The ambassador would fly out of Washington D.C. on the 7:00 a.m. Delta Air Lines flight and arrive in Salt Lake City at around 10:30 a.m. Before the days of TSA, the greeting party would meet the ambassador at the gate and have them go to a waiting car.
The invitation to each ambassador was signed by Governor Michael O. Leavitt; Orrin G.  Hatch and Robert F. Bennett, United States senators for Utah; and Stephen M. Studdert, Utah Centennial Chairman. Therefore, the first priority on the itinerary was for the ambassador to meet with Governor Leavitt. Governor Leavitt agreed to leave his 11 o’clock hour flexible for ambassador visits. Committee member Dr. Erland Peterson would call Governor Leavitt’s scheduler when an ambassador had confirmed the dates of travel to Utah and arrange the meeting. The second priority was to have the ambassador speak at a luncheon. Community service organizations such as the Lions Club, Kiwanis, or the Chamber of Commerce frequently invited the ambassador to be their guest and to speak. The third priority was to focus on the business community. The committee would arrange meetings with members of the business community who were doing business or would have liked to do business in the ambassador’s country.  Evans and Sutherland often met with and hosted many of the ambassadors. In the evening, the committee would arrange a dinner hosted by a business. The fourth priority was to have the ambassador visit a college or university and give a lecture. The hosting institution would also host a luncheon. The fifth priority was to schedule a meeting with the First Presidency of The Church of Jesus Christ of Latter-day Saints. This was generally the last part of the itinerary. From that meeting the ambassador would be driven to the airport and take the afternoon Delta Air Lines flight to Washington D.C.

A key to hosting the ambassadors were the volunteer hosts. To enhance the ambassador’s visit, the committee selected a host for the ambassador. The host would meet the ambassador at the airport and stay with the ambassador until he departed Utah. The hosts were individuals who had some personal connection to the ambassador’s country — expats from the ambassador’s country; prominent Utahns who had ties to the country; business leaders who were doing business with the country; or former LDS mission presidents to the country.

Utah Ambassadors Visit Program

Utah Ambassadors Visit Program

In October 1996, Dr. Peterson attended a dedication service for the Mt. Timpanogos temple dedication where President James E. Faust talked about the success of the ambassador program. He thought it was in partial to fulfillment of Isaiah 2 and 3. Dr. Peterson was impressed with President Faust’s comments. The following day Dr. Peterson was visiting with President Merrill J. Bateman, President of Brigham Young University. He summarized what President Faust said and then asked President Bateman if BYU would like to pick up the baton at the end of the Utah statehood centennial year. He noted he had worked as a volunteer for the Utah Statehood Centennial Ambassadors Visit Program Committee and he could continue the same role if the other partners were interested and if BYU would provide a basic budget.  President Bateman told Dr. Peterson to give him a proposal for the program and for the budget. Delta Air Lines said they would give complimentary upgrades to ambassadors flying out of Washington, D.C.  if BYU paid the full coach seat price. BYU received a 50% discount at Little America Hotel. Governor Leavitt said he would be willing to let the Governor’s Protective Service continue to be involved. The Church of Jesus Christ of Latter-day Saints said they were interested in continuing to host ambassadors. President Bateman approved the proposal and allocated the money. The new program was called, Utah Ambassadors Visit Program. Some of the sponsors of the program are GOED, the Salt Lake City Chamber of Commerce, and the World Trade Center of Utah.  In total, the program has hosted more than 180 ambassadors from 93 countries. Fall 2009, the program had commitments from the ambassadors of Jordan, Egypt, Spain, Japan, and Russia.  The program usually targets 3 ambassadors for fall (September, October, and November) and 3 ambassadors for winter (January, February, and March), but when the program gets a line-up like this, BYU is willing to accommodate the ambassadors’ schedules. Beverly Campbell was replaced by Ann Santini, who is the wife of the former Nevada congressmen, James Santini. The Public and International Affairs Office of The Church of Jesus Christ of Latter-day Saints in Washington, D.C. is located in the Barlow Center in Georgetown where BYU houses its interns. The office assists in hosts four events a year where they invite ambassadors. The events include an annual picnic each fall hosted by Richard Marriott, the Washington, D.C. Temple lighting ceremony at Christmas time where an ambassador is invited to turn on the lights; the Marriott School of Management dinner in February or March with many prestigious alumni, and in April there is a luncheon for the wives of the ambassadors. Dr. Peterson generally attends the events and interacts with the ambassadors. Under the Utah Ambassador Visits Program, Dr. Peterson sends the invitation signed by the President of Brigham Young University to Ann Santini. Ann will personally meet with the ambassador to presents the invitation.  She presents the letter and Dr. Peterson follows up with contacting the Embassy to confirm the visit and prepare the itinerary. After the ambassador visits Utah, Ann will host a dinner and presents a photo album of pictures Dr. Peterson has taken during the ambassador’s visit to Utah. Ann usually invited one or two of the senators or congressmen to the dinner. During the dinner, the ambassador reflects on the visit and Ann gives them the photo album. Governor Leavitt, when he was Secretary Leavitt and living in Washington, D.C., has attended several dinners and he has also attended many of the picnics. The focus of the program now is identifying key countries important to the State of Utah, the LDS Church, and BYU. The first countries identified were Canada and Mexico. The other countries are the United Kingdom, France, Spain, Russia, Germany, Ukraine, Italy, Egypt, Jordan, South Africa, China, South Korea, Japan, Thailand, Argentina, Chile and Australia. Any time there is a new ambassador from any of these countries in Washington, D.C., Dr. Peterson prepares an invitation for the ambassador to participate in the Utah Ambassador Visits Program.

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