Ohio Gov. John Kasich set a special election for June 7, 2016, to fill the seat of former U.S. House Speaker John Boehner. A primary will be held March 15, the same day as the state’s presidential primary.

Interested individuals have until Dec. 16 to file candidacy petitions with the Butler County Board of Elections.

Here is our November/December calendar. If you are attending any of the coming events, please stop by and say hello!

November 10   WGR Toastmasters, Washington, DC

November 12   AGRP Annual Meeting, Washington, DC

November 16-17   Professional Women in Advocacy, Washington, DC

November 21-24   SGAC Leaders’ Policy Conference, Washington, DC

November 23   WGR Toastmasters, Washington, DC

December 6-9   COGEL Conference, Boston, Massachusetts

December 8-11   NCSL Capitol Forum, Washington, DC

December 11   Advocacy Leaders Network – Creating a Mobile Advocacy Toolkit,
Washington, DC

December 14   WGR Toastmasters, Washington, DC

State and Federal Communications held its 6th Annual Halloween Donut and Cider Sale today in the lobby of our office. It was all for the good cause of helping our amazing friends at United Way of Summit County. We were excited to welcome Jim Mullen, United Way of Summit County’s president and CEO, as well as Sarah Catherine Teixeira, Katie Rennard, and Laura Brelin.

We knew we couldn’t host a Halloween sale without a few wacky costumes, so our office party was “pay-to-play,” with a $5 entry to star in our costumes-of-choice.

Take a look at some of the office revelry:

Lobbyists and legislators may be violating new ethics laws according to the Kentucky Legislative Ethics Commission. An advisory opinion recently published by the commission addresses the practice of lawmakers giving fundraising appeals to lobbyists who likely pass them on to their employers. These appeals typically include dollar amounts for attending the fundraiser.

Legislation passed last year prohibits lobbyists from directly soliciting contributions for legislators or legislative candidates. This practice, the opinion concludes, likely constitutes a direct solicitation of a contribution.

The commission is not conducting any investigations on this matter as there has not yet been a formal complaint.

Enjoy these photos from recent events!

Here is our October calendar. If you are attending any of the coming events, please stop by and say hello!

October 8   African Affairs Advisory Group Meeting, Silver Spring, Maryland

October 13   WGR Toastmasters, Washington, DC

October 19   AGRP State Lobbying LCP Program, Washington, DC

October 23   National Press Club Lunch with Kevin Costner, Washington, DC

October 27   WGR Toastmasters, Washington, DC

October 28-30   Public Affairs Council Fall Board Meeting, Scottsdale, Arizona

On September 28, state Assembly Speaker Carl Heastie announced Jane Feldman will be the executive director of the newly created Office of Ethics and Compliance.

A bipartisan Assembly committee recommended Feldman after conducting a nationwide search. Heastie said Feldman stood out from other applicants due to her years of experience, specifically her service as the first executive director of the Colorado Independent Ethics Commission.

In her new role in the Office of Ethics and Compliance, Feldman will be responsible for ethics training for Assembly members and staff, ensuring members are aware of the services available to them through the office, answering questions regarding ethics and disclosures, and working with the majority and minority conferences’ ethics counsel to determine legislative ethics areas to review.

Feldman, who began her career in the New York County District Attorney’s Office, said in a statement she was “excited to return to her home state to help the Assembly accomplish its ethics and policy goals.”

Photo of the New York State Capitol by UpstateNYer on Wikimedia Commons.

A proposed constitutional amendment has been submitted to appear on the November 2016 ballot.

This measure, titled The Voters’ Right to Know Act, would increase campaign finance disclosure requirements and eliminate gifts to public officials from certain entities.

The act is designed to remove the “dark money” loopholes of nonprofit contributors by requiring anyone contributing $10,000 or more to be identified if that money winds up supporting a political effort. It also calls for updating and improving the electronic reporting system, clearer disclosure of contributors on television ads, and stronger penalties for violators.

The act also would ban gifts to public officials from lobbyists and lobbyist employers. The monetary limit on gifts to public officials from individuals would be lowered to $200 from the current amount of $460.

Backers of this proposition hope it will lead to greater transparency and encourage greater engagement from all voters.

The Fair Political Practices Commission (FPPC) has come out in opposition to Assembly Bill 1544. This bill, currently awaiting Gov. Jerry Brown’s signature or veto, would change disclosure requirements for certain types of behested payments.

Currently, elected officials must disclose if an entity provides funding to a charity or government program based on the official’s request, including any funding coming from government agencies. Should the governor sign AB 1544, elected officials would no longer have to report payments provided by government agencies to nonprofit or for-profit groups when the purpose of the funding is primarily for a governmental or legislative purpose.

Assemblyman Ken Cooley, the bill’s sponsor, said disclosure should not be required when payments are sought from government agencies, as it is part of a legislator’s job to advocate for such grants and opportunities on behalf of his or her district.

The FPPC opposes the bill because eliminating these types of behested payments from disclosure requirements could result in the public not being informed of millions of dollars in behested payments to nonprofit and for-profit groups.

The number of municipalities and regional governments our research associates track continues to grow. We now cover almost 300 municipalities and local governments. This is part of a continuous effort to better serve the needs of our clients.

In that effort, we have recently added abridged jurisdictions to our website. These entries, condensed due to the limited number of relevant local laws, provide the core information our clients need for their government relations work.

The new jurisdiction is: Yuma, Arizona.

Enjoy these fun photos from the 2015 NCSL Legislative Forum in Seattle, Washington!

Lobbying

“If Congress Keeps Cutting Its Staff, Who Is Writing Your Laws? You Won’t Like The Answer.” by Anthony Madonna and Ian Ostrander for Washington Post

Colorado: “Colorado Energy Companies Spend Top Dollar on Lobbyists; What Do They Get in Return?” by Megan Schrader for Colorado Springs Gazette

Texas: “Austin Officials Considering Overhaul of Lobbyist Rules” by Lilly Rockwell for Austin American-Statesman

Utah: “It’s American Legion Versus Lobbyists in Fight for Space at Capitol” by Lee Davidson for Salt Lake Tribune

Campaign Finance

“U.S. Court Rejects Republican Challenge to SEC Pay-to-Play Rule” by Sarah Lynch for Reuters

Ohio: “House Legislator Ron Gerberry Resigns after Guilty Plea” by The Associated Press for Columbus Dispatch

Pennsylvania: “Ethics Board Fines Oh, Cites Illegal Contribution” by Tricia Nadolny for Philadelphia Inquirer

Ethics

New Jersey: “Trenton City Council Members Chester and Muschal Fight Each Other in Council Chambers” by Sulaiman Abdur-Rahman for The Trentonian

Pennsylvania: “Kane Ordered to Stand Trial on All Charges” by Craig McCoy and Angela Couloumbis for Philadelphia Inquirer

Wisconsin: “Bill to Exempt Political Crimes from John Doe Investigations Clears Assembly Committee” by Jessie Opoien for Capital Times

Elections

“Family Issues Weigh Heaviest on Biden as He Considers a 2016 Campaign” by Dan Balz for Washington Post

On August 4th, members of State and Federal Communications made their way to the Firestone Country Club to attend Executive Women’s Day. Presented by Astellas Pharma, Inc., the event took place during the WGC-Bridgestone Invitational. It brought together women in executive positions from companies and organizations all over Northeast Ohio, including Morgan Stanley, FirstMerit Bank, and the Greater Akron Chamber.

Starting off with a welcome from Vanessa Letera, a Senior Sales Representative from Astellas, Letera urged the audience to remember to make time for themselves and their own health. After the welcome, a panel discussion commenced, moderated by Lee Jordan, an anchor at ABC Cleveland affiliate Newsnet5. The panelists consisted of Patricia DePompei, President of University Hospitals Rainbow Babies and Children’s Hospital; Jo Seymour, Vice President of The Seymour Group at Morgan Stanley; and Sarah Flannery, Partner at Thompson Hine. The topics discussed ranged from career challenges to handling and deciding priorities on the path toward success.

Keynote speaker, Carey Lohrenz, spoke about how she was able to translate lessons she learned as a naval aviator into the workplace. Being in charge of a team of pilots taught Lohrenz about teamwork. “The single most important component to a team’s success is knowing your purpose,” said Lohrenz.

At the conclusion of her presentation, attendees were invited to go on a behind-the-scenes tour or to a networking session.  Participants were also given the opportunity to try out their golf game on the first hole in the course.

Thank you to Astellas and the PGA TOUR for the opportunity to attend this event.

Q. I will be attending several upcoming conferences where legislators and other public officials will be present.   I’m not a registered lobbyist at the state level—do I still need to worry about gift limits?

A. Even if you are not a registered lobbyist, you will still need to be mindful of the various gift limits applicable to legislators and public officials you engage at these conferences.  Depending on your company’s status as a lobbyist employer, you may be subject to more stringent limits in certain jurisdictions.  It’s important to remember there is no one-size-fits-all approach to determining permissibility.  Each state addresses gift limits differently, and what will be permissible in one jurisdiction will not be permissible in another.   Further, you should not depend on the legislator or public official to know applicable gift limits.  Because gift limits may vary depending on your company’s status as a lobbyist employer, officials may not be aware of which limit to apply when accepting gifts and benefits.

Numerous states have gift exceptions specifically applicable to expenditures at national conferences to which all members of the legislature are invited (such as NCSL) as long as the expenditures are part of the conference agenda.  Examples of this include lunch/dinner events, or a sponsored state night.  However, for private dinners and events and other expenditures not included on the official agenda, you will still be subject to a state’s regular gift limits and restrictions.

In some cases, your expenditures on behalf of these individuals will need to be disclosed on a lobbyist employer report.  You will need to coordinate closely with your company’s government affairs or legal department to not only determine permissibility, but to determine whether the expense is reportable. For jurisdictions requiring disclosure, you may need to report the date of the expense, the name of the individual(s) receiving the benefit, a brief description, and the value of the expense.   Make sure to save itemized receipts.  Some jurisdictions require you to report the name and address of the vendor (such as a restaurant or catering company) and may additionally require you to determine the reportable amount by specific benefit received.  Some states do not permit meal expenditures to be calculated on a prorated basis (i.e., a dinner valued at $375, divided by the number of attendees) but instead require disclosure of a specific amount attributed to a particular legislative official or employee (i.e., $15.75 for the salmon entrée).

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: experts@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.