State of Wyoming Building Commission Facility-use Policy Effective July 18, 2012 Article I General Provisions A.
Policy Statement and Purpose The State Building Commission (“Commission”) recognizes that reasonable access to public facilities is consistent with the public’s best interest and promotes the expression of ideas. The Commission’s intent that Capitol Complex Facilities be available and accessible must, however, be tempered by the State’s intended utilization of the facilities for their intended purposes including, but not limited to, the efficient operation of government. To the extent the Commission cannot accommodate the public’s access to Capitol Complex Facilities due to physical limitations of the facilities, potential interference with an efficient and safe work environment for State officials and employees, or to secure the safety of the public at all times, the Commission will preclude or limit access as deemed necessary. This policy establishes standards for acceptance, processing, review and disposition of Event/Exhibit Permit Applications for the public’s requested Events/Exhibits at Capitol Complex Facilities. In all cases, imposition of these guidelines, conditions and requirements shall be viewpoint neutral and otherwise consistent with constitutional limitations.
B.
Authority of Commission and Scope of Policy The Commission issues this Policy in accordance with its authority to maintain charge and control of the Capitol Building, Wyo. Stat. Ann. § 9-5-101(b), and general authority to manage the operation and use of all state owned or leased buildings within its direct charge, Wyo. Stat. Ann. § 9-5-106(a). This Policy shall operate in conjunction with the statutory provisions defining unlawful conduct within governmental facilities, Wyo. Stat. Ann. §§ 66-301 through 307. To the extent other state agencies have authority to govern or control the use of facilities assigned to them, these requirements and conditions may not govern nor apply. Wyo. Stat. Ann. § 9-5-106(a) & (c). This Policy does not apply to State Agencies or State Officials. The Secretary shall have the sole discretion to regulate the use of Capitol Complex Facilities by State Agencies.
C.
Definitions 1.
“Capitol Building” means the State Capitol Building located in Cheyenne, Wyoming.
2.
“Capitol Complex Facilities” means the Capitol Building and Herschler Building, located north of the Capitol Building. It shall refer to all connecting corridors, including the interconnecting Herschler Gallery, as well as surrounding areas, lawns, Page 1 of 12
sidewalks, parking lots, plazas and other surfaces extending to, and within, the bordering city streets, 24th Street running east and west, Carey Avenue running from south to north, 26th Street running west and east, and Central Avenue running from north to south. Capitol Complex Facilities also include the following buildings and surrounding grounds and parking areas: the Wyoming Supreme Court Building located at 2301 Capitol Avenue, the Hathaway Building located at 2300 Capitol Avenue, the Arts Council Building located at 2320 Capitol Avenue, the Barrett Building located at 2301 Central Avenue, and the Emerson Building located at 2001 Capitol Avenue. Capitol Complex Facilities shall further include all associated state parking facilities and lots which provide state employee parking for the buildings identified herein, including the three-level parking structure west of the Capitol Building. 3.
“Cheyenne Frontier Days” means all festivities and events occurring during the last full work week of July, including the weekends before and after, to celebrate the historic Cheyenne Frontier Days Rodeo and associated events, including the parades that occur throughout that week.
4.
“Commission” means the State of Wyoming Building Commission comprised of the State’s Governor, Secretary of State, Treasurer, Auditor and Superintendent of Public Instruction.
5.
“Commercial Enterprise” means any activity that may be considered or reasonably interpreted as being for the advertisement, promotion, sale or transfer of products or services, or to promote a commercial venture of any kind.
6.
“Director of the Department of Administration and Information” means the person appointed by the Governor to act as Director of the Department of Administration and Information.
7.
“Event” means an assembly or gathering of the public (excluding State Agency Events/Exhibits) for a single purpose or coordinated activity and includes picketing, speechmaking, demonstrations, marching, holding vigils or religious ceremonies, press conferences, historic reenactments, celebrations, entertainments and any other similar activities that involve the active communication or expression of views or ideas, the conduct of which has the effect, intent or propensity to draw a crowd of onlookers, but does not include casual use by visitors or tourists. An Event shall not include: i.
Brief or momentary gatherings of ten (10) persons or less, or a number that may otherwise conveniently gather within a Capitol Complex Facility without causing disruption, for the purpose of expressing views or engaging in quiet activities lasting less than fifteen (15) minutes, and provided they do not include the use of any handheld or freestanding demonstrative materials.
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ii.
Brief activities by tour groups, school children or the like while visiting the Capitol Complex Facilities if such activities will not interfere with government operations or the public’s enjoyment of the Capitol Complex Facilities.
8.
“Event/Exhibit Permit” means the written approval and authority given the public in advance of an Event or Exhibit.
9.
“Exhibit” means a temporarily attended or unattended display presented by members of the public, including but not limited to, sculptures, photographs, public interest demonstratives, public service and educational presentations or historic displays.
10.
“Extraordinary Event” means a time period during which a large-scale Event of statewide, national or international significance is occurring within the City of Cheyenne or County of Laramie and, for which, a large number of permit applications are anticipated.
11.
“Herschler Gallery” means the subsurface corridor interconnecting the Herschler Building and the Capitol Building.
12.
“Herschler Plaza” means the open paved area north of the Capitol Building and south of the Herschler Building, and extending west to Carey Avenue to the extent there is pavement, and east to Central Avenue, to the extent there is pavement, excluding the small parking lot adjacent to the northeast corner of the Capitol.
13.
“Permit Application” means submission of a completed form prescribed by the Secretary for requesting access to Capitol Complex Facilities to conduct an Event or display an Exhibit.
14.
“Permit Holder” means the public entity, group, association or person, individually or collectively, that has received approval from the Secretary, and consequently a Permit, to conduct an Event/Exhibit as specified on the Event/Exhibit Permit documentation.
15.
“Permit Holder’s Representative” means the person identified by the Permit Holder to be directly responsible for managing the Event or Exhibit, including clean-up and returning the site to its condition before use by the Permit Holder.
16.
“Public Area” means those portions of the property for general visitation or use under the control of the Commission, and excluding those rooms, offices or other areas used by State Officials or State Agencies for government operations.
17.
“Secretary” means the Executive Secretary to the Commission, who is also the Director of the Construction Management Division, Department of Administration and Information.
18.
“Sponsor” or “Sponsor-applicant” means an individual who requests use of a Public Area on behalf of an individual, group, or organization. Page 3 of 12
19.
“State Agency” means any state agency, board, bureau, commission, department, council, authority, body corporate or other statutorily created entity operating on behalf of the State of Wyoming.
20.
“State Agency Event/Exhibit” means an Event or Exhibit that a State Agency, or State Official, directly hosts or conducts, whether or not the Event or Exhibit is conducted as part of the State Agency’s or Official’s statutory function. Such activities may include, but are not limited to, press conferences, holiday or memorial ceremonies, public interest initiatives or ceremonies, displays, events or exhibits to recognize citizens or groups, or any other activity sponsored by the State Agency or State Official.
21.
“State Official” means the: Governor, Secretary of State, Treasurer, State Auditor or Superintendent of Public Instruction.
Article II A.
Facility-use Permit Application Process
Application Submission and Contents 1.
Each public person or group seeking to hold an Event or Exhibit within the Capitol Complex Facilities shall submit a completed Permit Application no less than ten (10) working days prior to the anticipated date of the Event. Applications may not be submitted, and Events/Exhibits will not be scheduled, more than 365 calendar days before the date of the Event/Exhibit. A Sponsor-applicant may only submit one application at a time for a single continuous Event or Exhibit.
2.
The Secretary shall provide a Permit Application form for obtaining an Event/Exhibit Permit. The application form shall require that the following information be supplied: i.
The Sponsor-applicant’s business name, address, telephone number, e-mail address and other relevant contact information;
ii.
The name, address, e-mail address and contact information of the PermitHolder’s Representative. If unknown at the time of the application, the Sponsor-applicant must identify the Permit-Holder’s Representative within three days of issuance of the Permit but, in any event, before the day of the Event or Exhibit;
iii.
Clearly describe the nature and purpose of the Event or Exhibit, as well as the Capitol Complex Facility or Public Area to be used or occupied;
iv.
Identify the approximate number of persons who will participate throughout the duration of the Event/Exhibit;
v.
Identify the intended duration of the Event/Exhibit; Page 4 of 12
B.
vi.
Identify the materials that the Permit Holder will bring onto the site and the Public Area to be occupied during the Event/Exhibit;
vii.
Clearly describe how any activities may impact the Capitol Complex Facilities and other people working or otherwise present during the Event/Exhibit. This shall include an estimation of the crowds that are reasonably anticipated to view or attend the Event/Exhibit, as well as any anticipated interaction between the Permit Holder and the public, state employees or officials, or other groups that are conducting an Event/Exhibit within the Capitol Complex Facilities;
viii.
Any special considerations or accommodations requested from the Secretary;
ix.
Any request for a waiver of General Requirements and Conditions set forth in Article III of this Policy.
x.
Any other information that the Secretary reasonably requests.
Application Approval, Denial, Notice and Request for Reconsideration 1.
The Secretary, or the Secretary’s designee, will approve or reject a Permit Application within five (5) working days of the day on which the Permit Application was presented.
2.
The Secretary, or his designee, shall issue a written explanation for denial of a Permit Application. The Secretary may make such decisions himself or may consult one or more members of the Commission. The Secretary, or his designee, shall give notice of approval or denial of a Permit Application by regular mail, fax or electronic communication, as requested.
3.
The Secretary’s approval of a Permit Application shall result in issuance of a written Event/Exhibit Permit that will identify any additional conditions or requirements to conduct the Event/Exhibit. It shall also identify the specific Public Areas within, or on, Capitol Complex Facilities available to the Permit Holder.
4.
If the Sponsor-applicant disagrees with the denial of a Permit Application, or conditions placed upon the Event/Exhibit by the Secretary or his designee, the Sponsor Applicant may request, in writing, reconsideration by the Director of the Department of Administration and Information within three (3) working days of the denial or issuance of the Event/Exhibit Permit.
5.
The Director of the Department of Administration and Information may reconsider and modify the Secretary’s denial, or conditions of approval, of the Event/Exhibit Permit. The Director shall issue his decision in response to the request for Page 5 of 12
reconsideration within three (3) working days of receipt of the request for reconsideration. The Director’s decision shall be final. Article III A.
Permitted Capitol Complex Facility Events/Exhibits
General Requirements and Conditions: Except as otherwise specified in this Policy, or as the Secretary expressly waives in an Event/Exhibit Permit, the following general guidelines and conditions shall apply to the public’s use of Capitol Complex Facilities for any Event/Exhibit. 1.
All Events/Exhibits shall be conducted at the permitted location within the Capitol Complex Facility and shall not be conducted in the buildings unless expressly authorized to do so. For those facilities with limited space, Permit Applications shall be granted to the public on a first-come, first-serve basis.
2.
State Official or State Agency functions and use shall take priority over the public’s requested use for Events or Exhibits.
3.
Event/Exhibit activities shall not result in damage to, or destruction of, state property or property of state employees (i.e. cars) including, but not limited to, buildings, statues, fixtures, lawns, flower beds or parked cars. By submitting a Permit Application to conduct an Event/Exhibit, the Sponsor Applicant and/or Permit Holder both acknowledge legal responsibility for damages to the Capitol Complex Facilities and/or property of state employees. They also agree to indemnify and hold harmless the State of Wyoming, the Commission and any state employee for any liability that Sponsor’s or Permit Holder’s activities may cause. See also Article IV.A.
4.
All Events/Exhibits must conform with State of Wyoming statutory provisions and City of Cheyenne/County of Laramie ordinances or codes. See Wyo. Stat. Ann. §§ 66-301 through 307, identifying unlawful conduct within governmental facilities and penalties for violation of statutes.
5.
Event/Exhibit activities shall provide ten (10) feet of undisturbed space at all entrances to, or exits from, State Buildings, or entrances for automotive travel within the Capitol Complex, to allow ingress and egress, and shall not otherwise impede or block entrances or vehicle/pedestrian traffic into or around buildings, unless the Secretary specifically authorizes Permit Holder to do so in writing.
6.
Use of sound systems must be specifically requested and may be allowed unless the Secretary finds that the system would unreasonably interfere with other lawful activities occurring in the area. The Secretary may require decibel levels to be reduced to a level which does not disturb or disrupt other persons in the Complex. The Secretary may require audio to be muted if necessary to avoid disruption of government operations within the Capitol Complex. Page 6 of 12
7.
Open flames (including candles), explosives or like materials are not permitted in or around Capitol Complex Facilities.
8.
The Permit Holder shall identify a Representative. The Permit Holder’s Representative(s) must be present or immediately available during the entire Event or Exhibit. If there are multiple Permit Holder’s Representatives, a roster of such Representatives must be provided prior to the Event/Exhibit. The roster must include the name of each Representative, their scheduled shift(s) and emergency telephone or other contact information where they may be reached during their shift(s).
9.
No intoxicating beverage will be dispensed or consumed by participants in the Event/Exhibit
10.
The Permit Holder may not affix materials, posters, banners or any other materials to any wall, door, ceiling, fixture, State equipment or other Capitol Complex Facilities surface. Only hand-held or free standing materials may be used. Placement of materials of any kind on structures, fixtures or vehicles within a state parking lot adjacent to the Capitol Complex, in conjunction with an Event/Exhibit, is also prohibited. The Secretary may cause to be removed any such affixed materials, without notice.
11.
A Permit Holder shall place electrical cords and cables used for Events/Exhibits so as to limit potential hazards to persons in the area. This shall include removal of cords and cables from walkways, or securing them to the floor to avoid a tripping hazard.
12.
Waste accumulation of any kind, so as to create a potential hazard to health, safety or property is prohibited.
13.
A Permit Holder shall ensure that all materials used or created in conjunction with the Event/Exhibit are removed immediately following the conclusion of the Event or Exhibit.
14.
A Permit Holder shall confine the Event/Exhibit to the written purpose for which the Permit was issued. The Secretary may immediately terminate a Permit if the Permit Holder engages in activity beyond the scope of the approved Event/Exhibit.
15.
Driving or parking vehicles on the Herschler Plaza, sidewalks or on the Capitol Complex grounds, is not permitted.
16.
An Event/Exhibit for the purpose of promoting a Commercial Enterprise shall not be permitted.
17.
The Secretary may impose any additional reasonable time, place and manner restrictions deemed necessary for the protection and safety of the facilities, participants and public.
18.
Event/Exhibit Permits are not transferable, and the purpose, time, place and other conditions of the Event/Exhibit Permit may not be changed without advanced written Page 7 of 12
consent of the Secretary. If there is no conflict with another scheduled Event/Exhibit, including government functions and/or a State Agency Event(s)/Exhibit(s), the Secretary may adjust the Event/Exhibit Permit with regard to the date, time and/or place upon written request and if there is sufficient time to accommodate the changes. 19.
B.
Enforcement of all Facility-use Policy requirements shall occur through the Department of Administration and Information’s employees and Capitol Complex security. To the extent Permit Holders and other members of the public violate Wyo. Stat. Ann. §§ 6-6-301 through -307, local law enforcement will be contacted.
Event /Exhibit Permits to Use the Capitol Building 1.
Unless changed by the Commission, the first floor of the Capitol Building shall be available for Events/Exhibits between 8 a.m. and 5 p.m. on Monday through Friday. The Capitol Building is closed to the public on Saturdays and Sundays. Appendix A is a schematic of the first floor of the Capitol, depicting all entrances, the rotunda and the hallways on the east and west sides of the rotunda.
2.
Only the rotunda on the first floor of the Capitol shall be available for Events/Exhibits. The public may apply for an Event/Exhibit Permit to occupy the Capitol rotunda, with the following limitations and conditions: i.
Event/Exhibit Permits are limited to two (2) hours unless expressly authorized by the Secretary.
ii.
Event/Exhibit Permits will be denied if they may reasonably result in large unmanageable or unruly crowds, may interfere with government operations (including the legislative session) within the Capitol or if the public’s health and security may be endangered.
iii.
Event/Exhibit Permits will be denied if the activities may cause excessive or loud noise.
iv.
Only one Event/Exhibit at a time may occur within the Capitol rotunda.
v.
An Event/Exhibit may not be conducted so as to disturb or intimidate visitors, or to otherwise interfere with the public’s reasonable enjoyment of the State’s historic, cultural or scenic displays and attributes.
vi.
If it is reasonably determined that an Event/Exhibit within the Capitol rotunda will interfere with government operations or cause other problems identified herein, the Secretary may relocate the Event/Exhibit to another location within the Capitol Complex Facilities.
vii.
Any Event/Exhibit application denied for one of the foregoing reasons shall be deemed inconsistent with the intended and intrinsic purpose of the State Capitol Building. Page 8 of 12
C.
D.
Event/Exhibit Permits to use areas outside and around the Capitol Building, Herschler Building and/or the Herschler Plaza. 1.
Areas surrounding the Capitol and Herschler Buildings shall be available for conducting any Event/Exhibit, except as hereafter specified and as may be limited to conform with necessary time, place and manner constraints.
2.
Events or Exhibits in front of (south entrance), or at the east, west or north (Herschler Plaza) entrances to the Capitol Building, may not be conducted so as to damage or otherwise physically come into contact with sculptures, statues or the Capitol Building exterior. Any conduct that may damage sculptures shall result in immediate revocation of the Event/Exhibit Permit.
3.
Events or Exhibits may not be conducted in a manner such that Capitol Complex flower beds or other decorative areas are disturbed.
4.
Events or Exhibits may not block use of the stairways to the Capitol Building or entryways to the Herschler Building.
5.
Unless otherwise approved for good reason, as determined by the Secretary, Events or Exhibits shall last no longer than six (6) hours.
6.
Simultaneously occurring Events, consisting of activities that may generate large crowds shall not be permitted in close proximity at any location around the Capitol Building or Herschler Building, or upon the Herschler Plaza, and, if allowed (within the Secretary’s sole discretion), shall be separated and located at different areas outside of the buildings as the Secretary deems necessary.
Event/Exhibit Permits to use the Herschler Building or Herschler Gallery. 1.
The open and common areas of the first floor and basement levels of the Herschler Building may be used for Events or Exhibits for no longer than one (1) eight-hour working day. Appendix B is a schematic of the First Floor and basement levels of the Herschler Building.
2.
The second, third and fourth floors of the Herschler Building shall not be open to conduct Events or Exhibits.
3.
The Secretary may limit the scope of any Event or Exhibit within the Herschler Building to avoid interference with governmental activities and operations. Except as otherwise approved, Events and Exhibits shall be conducted by ten (10) people or less, and the area occupied may be reasonably limited to allow the public to move freely through corridors and open spaces within the Herschler Building.
4.
The Herschler Gallery may be used for Exhibits only, but such Exhibits shall be strictly limited in scope to ensure the primary purpose of the Gallery as an unobstructed passage between the Capitol and Herschler Buildings. Use of the Herschler Gallery is subject to the following additional requirements and conditions: Page 9 of 12
E.
i.
Use shall be limited to no more than five (5) consecutive working days;
ii.
Use of Herschler Gallery space shall be limited to a designated area occupying no more than twelve (12) feet in length and eight (8) feet in width extended out from a Gallery wall, as directed by the Secretary;
iii.
Permit Holders may not interfere with, prevent the passage of, or otherwise harass persons walking through the Gallery;
iv.
No more than four (4) persons on behalf of the Permit Holder may occupy a space designated for use.
v.
If an Exhibit generates large groups of observers that unreasonably interfere with the flow of foot traffic through the Gallery, the Secretary may require that the Exhibit be relocated to the Herschler Building or to a more open Public Area in or around the Capitol or Herschler Buildings.
Event/Exhibit Permits to use the Wyoming Supreme Court Building, the Hathaway Building, the Arts Council Building, the Barrett Building, the Emerson Building or state parking lots adjacent to these buildings. 1.
2.
Wyoming Supreme Court Building and surrounding grounds. i.
Event/Exhibit Permits shall not be issued for use of the interior of the Wyoming Supreme Court Building unless, after consultation with the Chief Justice of the Wyoming Supreme Court, he or she expressly approves such use through the Secretary.
ii.
Event/Exhibit Permits shall be available for public use of grounds surrounding the Wyoming Supreme Court Building. Use of these grounds for Events/Exhibits shall be subject to the conditions and limitations set forth in Article III.C., as applicable.
Hathaway, Barrett, Emerson and Wyoming Arts Council Buildings and surrounding grounds. i.
Event/Exhibit Permits shall be available for public use of the common or open Public Areas of the entryways or lobbies in each of these Capitol Complex Facilities to the extent they are not dedicated to a State Agency’s function or activity, and as will accommodate both state government operations and the public’s general access and use for day-to-day business and visitor activities. State Agency operations and open public access shall take priority over requested use for an Event or Exhibit. Page 10 of 12
3.
ii.
Event/Exhibit Permits for access and use of these Public Areas shall be subject to the guidelines and limitations set forth in Article III.D.1-3, as applicable.
iii.
The Secretary shall first consult with any occupying Agency director or head to ensure that Agency operations and needs are taken into consideration when issuing Event/Exhibit Permits for use of these Public Areas.
iv.
Event/Exhibit Permits shall not be issued for use of offices, meeting rooms, conference rooms or other facilities dedicated to agency functions or other activities incompatible with general public access.
v.
The Emerson Building’s auditorium, however, shall be available for Event/Exhibits as determined by the Secretary.
vi.
Event/Exhibit Permits may be issued for access to areas surrounding these buildings, limited to open public sidewalks and other openly Public Areas, under the guidelines and conditions set forth in Article III. C, as applicable.
The three-tiered parking facility west of the Capitol Building and other parking lots serving the Capitol Complex Facility buildings. i.
Except for events associated with Cheyenne Frontier Days, Extraordinary Events, or as specifically approved by the Secretary, Event/Exhibit Permits shall not include use of parking lots providing employee parking to any of the Capitol Complex Facility buildings identified herein.
Article IV A.
Miscellaneous Conditions
Indemnification of State of Wyoming; Responsibility for Damages. 1.
The Permit Holder agrees that the Commission, State of Wyoming, and all its officers, employees and agents are now and hereafter relieved of any and all responsibility and liability for any and all injury, loss or damage the Permit Holder, its agents and invitees or their property may incur as a result of the Permit Holder’s Event or Exhibit. Therefore, the Permit Holder, on its own behalf and on behalf of its agents and invitees, agrees to hold harmless, indemnify and defend the Commission, State of Wyoming, and all its officers, employees and agents against any and all costs, damages, fees, expenses, or liability of any type or nature related to the same.
2.
The Permit Holder further covenants and agrees to indemnify and to fully pay and reimburse the Commission any and all costs of replacement of damaged property; and for the restoration and repair of buildings within the Capitol Complex Facilities Page 11 of 12
which in any way are damaged, destroyed, or otherwise defaced or harmed as a result of use by the Permit Holder, its agents or invitees. B.
Public Purpose 1.
Events and Exhibits, concerning which the primary intended purpose is to promote the interests of the general welfare of residents within the state, are deemed to be for a public purpose. Activities that are inherently private in nature, unless the Sponsorapplicant can demonstrate a public purpose to the satisfaction of the Secretary or his designee, do not have a public purpose. Activities including, but not limited to, weddings, private receptions and birthday parties, do not serve a public purpose within the scope of this Policy; therefore, they are prohibited in buildings within the Capitol Complex Facilities.
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