Measuring the effectiveness of Southern Maryland legislators
Lawmakers examine their own careers in Annapolis
The 438th session of Maryland’s General Assembly will convene in Annapolis on Jan. 10 and end April 9, 2018. And while there are a little more than 100 days before its start, it is not too early to think about the task of legislating.
“In a state where you have a part-time legislature, where there are only three months out of the year, one of the key ways a [politician] would be able to come back to [his or her] constituency and say ‘I’m representing you’ is to point to specific legislation introduced, and then going the next step and say ‘these are the bills that succeeded or this is how far it got and I am going to push for it next session,’” said Todd Eberly, associate professor of political science and public policy at St. Mary’s College of Maryland.
“Clearly sponsoring legislation and getting that legislation introduced and getting signed into law is a clear sign of effectiveness,” said Eberly, who referenced a study on Legislative Effectiveness and Legislative Careers, conducted by Stanford University’s Gerard Padro Miguel and Massachusetts Institute of Technology’s James M. Snyder Jr.
The study, which examined the North Carolina House of Representatives between the years 1977 and 2001, looked at a member’s aptitude for legislative work, portfolio of formal leadership positions in
the party or committees and the powerfulness of the committees and experience. The study concluded that legislator effectiveness increased sharply during the first few terms of service and that the increase in effectiveness appeared to be due mainly to learning-by-doing rather than to costly investment in specific skills.
In Southern Maryland, Eberly said Sen. Thomas “Mac” Middleton (D-Charles), Sen. Steve Waugh (R-St. Mary’s, Calvert), Del. Sally Jameson (D-Charles) and Del. Matt Morgan (R-St. Mary’s) fare well by the study’s standards.
The study points out that members of the majority are likely to succeed, which is evident by Middleton’s and Jameson’s record.
Over the last seven years, or 2½ terms, Middleton has introduced more than 200 pieces of legislation, of which more than 100 have been passed into law.
“You have to have an understanding of the legislative process — work it and monitor it,” said Middleton, in order to ensure that the legislation gets to and through committee.
Middleton doesn’t take all the credit for himself. He attributes his success to having an acute legislative assistant, Susan Lawrence, who knows the legislative process and has developed a good rapport with other members and state agencies. Middleton does pride himself on developing good working relationships with his colleagues, as well.
“Unless it’s a party call, I’ve worked very effectively,” said Middleton, noting that 90 percent of the legislation is nonpartisan and that most people only hear from the media about controversial issues.
Jameson, who was out of the country for two weeks as of press time, had introduced roughly 75 bills over the last seven years, of which 32 were signed into law. Jameson has been in office since 2003 and currently sits on five committees, two that she chairs or vice chairs, in addition to being chair of the Southern Maryland House delegation.
Eberly argues that members of the minority party who sponsor legislation that gets signed into law are especially effective, referring to Waugh, who is one of only 14 Republicans in the Senate. There are 33 Democrats.
In his three short years in office, Waugh has introduced roughly 63 pieces of legislation, of which 28 have passed. Waugh said the most important part of his success was his ability is to build relationships with all the other members across the aisle.
“Year one, I cosponsored a bill with every other senator,” said Waugh, adding that he came into office with the idea that he was going to pay attention.
“The net effect of that is I wanted everybody to know I am here to work and we have common ground,” Waugh said of his game plan. “Once they know they can work with that guy, it doesn’t matter that I am Republican.”
Waugh also said temperament and composure are really key.
“I try really hard to avoid using charged language and go in believing that everyone is here with good intentions. We may disagree, but we are all here because we want to serve our constituents and the state of Maryland,” he said. “I’m not here to throw chairs. It’s not going to help to go to the capital and shake your fist.”
Eberly said Waugh’s recent progress rivals that of Middleton, who has been there two decades longer.
“Waugh is a legislator that came in and learned the game very quickly and became effective very rapidly,” Eberly said.
Morgan, who is also a Republican and was sworn in the same year as Waugh, has managed to be somewhat productive in the Democrat-controlled legislature. Morgan has introduced 12 bills and passed four, and sits on three committees.
“Through the history of the Maryland General Assembly, if you have an ‘R’ by your name, every piece of legislation passed by a Republican has been bipartisan. That’s a mathematical fact,” chuckled Morgan, noting the importance of working across the aisle.
Morgan attributed his success to hard work and having a workable relationship with people. To overcome the obstacle of being one of 50 Republicans out of the 141 total members in the House of Delegates, Morgan said he reached out to House Minority Leader Nicholaus R. Kipke (R-Anne Arundel) for advice.
“He told me to talk about what I believe in, and to be respectful about it,” Morgan said.
Strategy for passage
One way for a member of the legislature to get his or her bill passed is by cross-filing, which Eberly says speaks to the point that a legislator has gotten support for his or her bill in the other chamber, demonstrating that the leg work of getting a counterpart to support a piece of legislation has been done.
“One of the things that I believe enhances the chances of the bill passing for calendaring is to file it in the opposite chamber and in the opposite party. It takes all the partisanship out of it,” said Waugh, who has a personal goal to cross-file a bill with the chair and vice chair of every committee. The task should not be too great for Waugh, as he serves on a half-dozen committees.
Waugh, in addition to Middleton and Jameson, cross-filed more than half of his bills introduced in recent years.
If legislation is not crossfiled, it can be sent to the opposite chamber if it has been favorably passed in the chamber it was introduced in by the crossover deadline.
Jackson said up until last session, he didn’t seek a Senate cross-filer. Since taking office in 2015, Jackson has introduced roughly 16 bills and had six signed into law. He only cross-filed six.
“For me being a first term legislator, there is a benefit to presenting my legislation in the Senate,” Jackson said. “It’s a learning process and a credibility issue.”
Jackson said he opted not to have a cross-filer because he wanted to work his legislation himself in the opposite chamber and personally articulate the bill’s merit. Jackson did acknowledge that either strategy doesn’t always work.
Beginner’s luck
The most junior members of the Southern Maryland delegation have fared somewhat well in getting legislation through, besting a few of their senior colleagues.
Del. Elizabeth “Susie” Proctor (D-Charles, Prince George’s) joined the legislature midterm in 2015. She was endorsed by House Minority Whip Steny Hoyer (D-Md., 5th) and Jackson to represent District 27B after her husband, Del. James Proctor, died in September 2015. Hogan appointed Susie Proctor to the post.
In her two years in the legislature, Proctor has introduced five bills as a primary sponsor and has had two signed into law. She cross-filed all five bills and noted that it is ideal to get someone to champion her bills in the Senate.
“The first challenge is to get my colleagues to understand the needs for the particular bill,” explained Proctor of barriers to getting legislation passed.
“It’s not Civics 101, that’s for sure. Bills are not put up for some particular reason. There are a lot of things that happen that are not directly related to the merits of the bill,” Proctor said, referring to the politics.
If one of Proctor’s bills goes into a committee that is not receptive, she said she will go in and talk to them one on one and tweak the bill to make it more palatable and more acceptable.
Proctor believes the act of legislating is a partnership between constituents and their legislator and invites her constituents to follow all bills of interest to them, not just the ones she drafted.
“In my opinion, with my limited experience, you have to let the legislators know what you need, follow the bill through to the committee, come to the hearing and be prepared to be there for the long haul,” said Proctor.
One of two of Proctor’s committee assignments is on the Judiciary Committee, which starts at 1 p.m. during sessions and has run as late as 11:45 p.m.
As the wife of a former legislator, Proctor admits she was not fully aware of the obligations of the post.
“I look up and apologize to my husband, not understanding the intensity and demands of his office,” she said in retrospect. “That 90 days is extremely intense.”
Effective leadership
“Typically the people who advance to leadership positions are advancing as a reward for the fact that they do well. They are known as effective or productive legislators and they work their way up the ranks,” said Eberly.
Sen. Thomas V. Mike Miller Jr. (D-Calvert, Charles, Prince George’s) exemplifies such a rise. Miller became a member of the Senate in 1975, after serving four years in the House. He has served as chair on the Judicial Proceedings Committee and deputy majority leader before becoming president of the Senate in 1987. To date, Miller is the longest-serving Senate president in Maryland and in the United States.
“Showing up on time and being the last one to leave the table” is what Miller attributes his success to. He said he acquired that hard work ethic growing up working in a grocery. The eldest of 10 children, Miller said he was always in a leadership role, starting as a youth.
His experience as a staffer for three years as a bill drafter gave him a leg up on serving in the legislature as an elected official. The Senate president said lawmakers must keep a smile on their face, work hard, respect others and articulate why their bill is key.
“I understand both parties. I treasure my friendship with the 14 Republicans in the Senate and I give everybody a say and a fair shot. That is why they are content to vote,” explained Miller, of the favorable support of much legislation in the chamber.
“What helps is my love for the institution. I am happy to be here and work here standing where Thomas Jefferson and George Washington once stood,” Miller said.
Prior to becoming Senate president, Miller sponsored and cosponsored more than 800 pieces of legislation, of which nearly 185 became law. Detail data on primary sponsorship was not made available until 1990.
Eberly said it is not really expected or common for the Senate president to be sponsoring legislation the way other rank and file members do because the president has other responsibilities.
According to Library and Information Services’ staff within the Maryland Department of Legislative Services, bills sponsored by “The President” are not the same as those sponsored by Miller.
“This can be frustrating, obviously, for those who are represented in the district, but normally if you are represented by somebody who is high up in the leadership ranks, they’re able to influence the process in a way that benefits their constituents without
specific legislation moving forward,” explained Eberly. “Their responsibilities have changed at that level of leadership.”
Despite his duties, since 2011, Miller was able to sponsor more than 45 bills, of which roughly 16 passed.
Middleton is another example. After three years in the Senate, he became chair of the Capital Budget Subcommittee, and since 2002, he has has been chair of the Senate Finance Committee.
Both Miller and Middleton have received numerous leadership awards for their service in Annapolis, and both have served on numerous committees and commissions.
Honorable mentions
Del. C.T. Wilson (D-Charles) has has introduced more than 60 pieces of legislation over the last seven years, of which six have been signed into law. Wilson has been in office since 2011 and currently boasts five committee assignments.
“What makes a successful legislator is the willingness to fight and not go along with the status quo. We are in office to make a difference — do better, not to keep things goings,” said Del. C.T. Wilson.
Wilson admits that some of the bills that he has introduced have not been popular in his party which has been a challenge, referring a bill that passed to protect child victims of sex abuse.
“My job is not to go up there and do what I am told to do — it’s to do the right thing even if it is not the popular thing,” stressed Wilson, stating his voting record demonstrates that he has moved away from the party on some issues, especially dealing with the length of incarceration for violent crimes.
“A vast majority of my bills represents my understanding of the viewpoints of my community,” which Wilson said he puts that in the bills he introduces.
Wilson stressed that this is a citizen led legislature and that he is in Annapolis fighting for all his constituents, not going along to move up to a higher position.
Del. Edith Patterson (D-Charles), who has been in office since 2015, introduced three pieces of legislation in her second year in office, of which one was successfully signed
into law. She did not submit legislation in 2015 or 2017. Patterson does have four committee assignments, as well as ser ves as chair of the Charles County House Delegation.
“This was my first term serving as chair for the Charles County Delegation and view the 2017 Legislative Session as being very successful,” shared Patterson, in email correspondence with The Maryland Independent. “The county commissioners and county delegation listened to the public at hearings and work groups on the bills they wanted to put forward on the county’s behalf to the General Assembly.”
Patterson said all of the seven bills sponsored by delegation passed as well as the seven bond bill disbursements to Charles County nonprofits. She attributed her success as chair to “developing and cultivating responsible cooperation with legislative colleagues” and “being flexible and keeping the best interest of the citizens we serve in front of us at all times.”
While Patterson had success moving legislation through on behalf of the delegation, those efforts are separate from legislation championed as a primary sponsor.
“If you want legislation to succeed, you’ve got to negotiate with other people, find areas of common interest, get people to cosponsor it with you; that takes interpersonal skills,” Eberly said. “You either need to have skills or you need to have power. If you have power, it doesn’t care whether you are nice or not, as they need you for your power. Without that power, you really need the interpersonal skills to get people to work with you.”
The ability to figure out what bills are likely to succeed is crucial for legislators. However, sometimes the introduction of legislation that appeals to their constituents won’t pass in the legislature because the issue is not popular with the majority. Introducing bills that will get bipartisan support will benefit a legislator, no mater what side of the aisle he or she is on.