The Joint Commission on Public Ethics (JCOPE) will conduct a public hearing on proposed regulations in Hearing Room A of the Legislative Building, 198 State Street, Albany, New York on October 30, from 1-4 p.m.

The proposed regulations compile existing guidelines and advisory opinions regarding rules and requirements related to lobbying. The proposals were originally introduced in October 2016 and were reviewed in December 2016.

After the public hearing, JCOPE will review comments and decide if further amendments must be made. If the rules are adopted, JCOPE must follow the State Administrative Procedures Act and file the full text of the rule with the Department of State.

More information about the proposed regulations are available at JCOPE’s website.

In United Healthcare Services, Inc. v. Mayor & City Council of Baltimore, United Healthcare Services, Inc. (United) was not awarded the city of Baltimore’s Request for Proposal (RFP) for medical administration services despite being fully compliant with listed Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) goals.

The companies awarded the contract did not comply with the requested MBE and WBE set at 11 percent and 4 percent respectively. After United complained, the city allowed the selected offerors to revise their MBE and WBE forms.

United filed suit against the city alleging violations of Baltimore’s procurement laws. The court found the city “is generally given a wide berth in making its decisions,” and United cannot point to a provision in the City Code the city clearly violated.

Additionally, the City Code only requires bidders make a “good faith effort” to be in compliance with the RFP and “the City has more expertise interpreting the City Code, and its own rules, than the Court.”

In turn, United failed to establish it would be likely to succeed on the merits.

Gov. Jerry Brown signed Assembly Bill 867 into law, recasting various provisions of the Political Reform Act regarding the definition of the term contribution.

The law moves the behested payment reporting requirements out of the definition of contribution, and instead places those requirements in the part of the campaign disclosure sections of the act.

Additionally, the law provides specific definitions for terms related to behested payments and the reporting of such payments.  The law is effective January 1, 2018.

The Oklahoma Ethics Commission held an informal meeting this week to review a proposed amendment regarding a cooling-off period for elected officials and state employees.

The proposed amendment would require state employees and public officials to wait 2 years before registering as a lobbyist or representing another entity before the agency he or she previously served.

Supporters believe a cooling-off period prevents a conflict of interest while opponents to the proposed amendment feel it discourages involvement in government.

The proposal also includes a waiver of the restriction if the intent of the cooling-off period would not be undermined when waived.

The Legislature of Guam passed one bill and is contemplating another that will change the electoral process in the territory.

Bill 156-34, passed Friday, Ocotober 27, 2017, proposes moving the date of primary elections and changing the filing date for candidate nomination papers; while Bill 45-34 calls for the elimination of primary elections in their entirety.

If Bill 45-34 also passes and both bills are signed by the governor, whichever bill is signed second will void the one that is signed first.

Let Becky give you this week’s Government and Ethics News You Can Use, and stick around for details on our annual donuts and cider sale on Halloween to benefit the United Way of Summit County!

Tempe City Council will vote next month on whether to send a ballot measure to voters next March seeking tighter restrictions on independent expenditures.

The Sunshine Ordinance would require groups making independent expenditures over $1,000 to disclose their organization name and source of funding. Tempe has not seen an uptick in independent expenditures yet but wants to prevent a future increase as independent expenditures are often associated with mud-slinging and attack ads.

The Mayor’s office and the Tempe Chamber of Commerce have expressed concern over the Sunshine Ordinance, worrying it might cause legal trouble for the city for infringing on first amendment rights and the Citizens United decision.

Even if the measure is approved by voters, as a charter amendment it will be automatically reviewed by the state to ensure there is no conflict with state law. 

Gov. Tom Wolf announced a special election for the 18^th U.S. House District will be held on March 13, 2018, in order to fill the remainder of Rep. Tim Murphy’s term.

There is no special primary election, so each party will select a candidate to run in the special election.

Rep. Murphy resigned last week after it was revealed he had an affair with a married woman and urged her to get an abortion.

This week the 9^th U.S. Circuit Court of Appeals reinstated Montana’s voter-approved political contribution limits effective immediately. The limits were ruled unconstitutional in 2016 by a federal district judge in Helena and replaced with contributions limits in place in mid-1990’s.

The 9^th U.S. Circuit Court found the contribution limits in question to be “both justified and adequately tailored to the state’s interest in combating quid pro quo corruption or its appearance.”

The initial lawsuit brought in 2011 claimed the campaign finance laws burdened speech and association. The plaintiffs have already announced their plan to appeal this week’s 2-judge majority decision stating there is no evidence campaign contributions have influenced voting by state lawmakers.

Individual contributions to a gubernatorial candidate have been reduced by about $600 while the limit for what a political action committee can give will now be $660 per election, down from $10,610 per election cycle.

Contributions by federal contractors to federal independent expenditure-only political action committees, also known as super PACs, may violate the federal pay-to-play prohibition.

On September 25, 2017, the Federal Election Commission (FEC) entered into a Conciliation Agreement with a federal contractor after finding the contractor had violated pay-to-play prohibitions by making contributions to a federal independent expenditure-only political action committee.

The FEC fined the contractor, Suffolk Construction Company, $34,000 for making two $100,000 contributions in 2015 to Priorities USA Action, a super PAC supporting then presidential candidate Hillary Clinton. Because the matter was resolved by agreement between the FEC and the contractor, there was no challenge made to the FEC’s fine.

A special election to fill a vacancy in the American Samoa House of Representatives will be held on Tuesday October 24, 2017.

Puleleliite Tufele Liamatua Jr. resigned over the summer to become the executive director of the American Samoa Telecommunications Authority.

Voters will cast ballots to fill the District No. 5, Sua 1 seat of the 21-person body.

On October 19, two bipartisan bills allowing increased monitoring of online political advertising were introduced in the U.S. Congress. Companion bills House Resolution 4077, The Honest Ads Act, and Senate Bill 1989 direct the Federal Election Commission to enact rules for online advertisements similar to currents rules for television and radio. Larger digital platforms would be required to make available to the public requests to run political advertisements costing more than $500.

The bills were introduced by U.S. Representatives Derek Kilmer and Mike Coffman and Senators Amy Klobuchar, Mark Warner, and John McCain in response to “revelations that a Russian company purchased upwards of 3,000 political advertisements on Facebook in an effort to influence the 2016 Presidential election,” according to a press release by Kilmer.

“Our bipartisan bill makes sure our laws are as up to date as the latest technology, and makes it harder for foreign actors to use the internet to attack our democracy,” Kilmer said in his press release.

Time for your weekly recap of the government and ethics news you can use in this week’s video digest!

The Austin Financial Services Department is proposing drastic changes to the city’s anti-lobbying and procurement ordinance.

The proposed changes shorten the no contact period during a bid solicitation and allow the purchasing officer to consider mitigating factors when determining if a violation has occurred. The recommendations also abbreviate, clarify, and consolidate what communications and representations are permitted and prohibited during the solicitation process.

Comments and suggestions for additional proposed changes are still being accepted.

This comes after city council voted to suspend the anti-lobbying and procurement ordinance for individuals seeking waste management contracts after they struggled to find and agree upon suitable contractors.

City Council met this week to discuss the proposed changes and postponed taking action until November 9, 2017.