During Director Freel’s tenure, the Commission issued ethics advice and guidance concerning Ohio’s Ethics Law to thousands of Ohio’s public officials and employees. Director Freel also supervised hundreds of investigations of Ethics Law violations at the local and state levels.

“I have truly enjoyed my work with so many Ethics Commission members and professional staff of high integrity over the years – they represent the finest ethical standard in public service for Ohio and its citizens,” said Executive Director Freel. “After 17 years as the Executive Director, I decided several weeks ago that it was time to hand over the reins to a new Director the Commission would choose.”

The Commission will discuss the search and selection process for a new executive director at its November meeting. Director Freel will step down at the end of the year.

You may read the Ethics Commission’s press release here.

The Office of Campaign and Political Finance (OCPF) will host a campaign finance seminar on Wednesday, November 10, 2010 at the OCPF offices located at One Ashburton Place, Room 411 in Boston. Topics under discussion include but are not limited to: filing and disclosure requirements for all types of candidates, PACs and other committees; the application of the campaign finance law to political activity by public employees, including the restriction on employees’ fundraising and on fundraising in government buildings; restrictions on the use of public resources to influence voters in ballot question elections on the local level, and electronic filing.

The seminar begins at 2 p.m. Reservations are not required.

On November 2nd, voters approved Constitutional Amendment D by a vote of 67 percent for to 33 percent against. Amendment D establishes a five-member legislative ethics commission with the authority to conduct an independent review of complaints alleging unethical legislative behavior.

The ultimate decision whether to punish or expel a member of either the House or Senate would remain with the member’s chamber. The amendment also prohibits sitting members of the legislature or registered lobbyists from serving on the new commission.

Amendment D takes effect on January 1, 2011.

City council now has 90 days to pass a new ordinance which will implement the charter amendment language. Campaign finance contribution limits will increase to $200 for ward candidates and $450 for city-wide candidates. It is anticipated the new legislation will require council to review, and if necessary, amend, the city’s campaign finance legislation every two years beginning in 2012.

A provision is also expected to be made which will allow for public comment on any proposed changes to the city’s campaign finance rules. Finally, the legislation is expected to remove the city’s campaign finance language from the city charter itself. Going forward, campaign finance regulations will be authorized by ordinance.

Now, Lt. Governor Greg Bell has informed the county parties they are not required to file. Going forward, only registered political parties will be required to file financial disclosure statements. Under state law, county parties are not required to register with the state. This new guidance runs contrary to previous statements which said all state and county parties were required to file disclosure statements.

The Salt Lake County Democratic Party has indicated it disagrees with the decision by the Lt. Governor’s office and plans to pursue the matter further. At this time, though, its legal options are unclear as the Utah Supreme Court has so far refused to hear their case. For its part, the Lt. Governor’s office plans to ask the legislature this coming January for a change in state law reflecting the new disclosure decision.

In their application, the plaintiffs, represented by James Bopp, Jr., the Indiana attorney who helped launch the landmark Citizens United v. FEC litigation, requested an order blocking portions of Maine’s campaign finance law which provides matching for candidates as well as the part of Maine law capping contributions to gubernatorial candidates at $750. By the time the plaintiff’s motion reached the high court for the second time, it had been denied three times: by Associate Justice Stephen Breyer, Circuit Justice for the First Circuit, by the First Circuit Court of Appeals, and by the Maine District Court where the litigation originated.

The plaintiff’s last resort to enjoin the law prior to the November 2nd election was the emergency writ of injunction to the Supreme Court which was presented to Associate Justice Anthony Kennedy who then referred it to the Supreme Court for consideration. The writ’s denial was not unexpected as the Supreme Court has not granted such a motion for two decades.

Photo of the Supreme Court by UpstateNYer on Wikipedia.

The Office of Campaign and Political Finance (OCPF) has reminded state and county candidates, state party committees, and ballot question committees they must now file 72-hour late contribution reports if they receive and deposit contributions of $500 or more shortly before a primary or general election. In the case of the upcoming November 2nd general election, the reporting period runs from October 16 to October 29.

The new change to state law specifically requires disclosure, within 72 hours, of contributions of $500 or more which are deposited within 18 days of an election. The new law does not, however, require 72-hour reports for large deposits made within three days before an election. For instance, reports would not have to be filed for for late contributions deposited from October 30 to November 1, the three days prior to Election Day on November 2nd.

If approved, Issue 14 will require the council to pass legislation within 90 days amending the city’s campaign finance regulations. The caps on individual contributions would increase from $100 to $200 per candidate per election for ward candidates and from $300 to $450 for candidates for mayor and council members-at-large.

Also, the council will be required to hold mandatory public hearings every two years to revisit the city’s contribution limits to consider adjustments for inflation and costs of living.

The plaintiffs allege the lieutenant governor’s office, which is charged by law to enforce the state’s campaign finance regulations, has taken no enforcement action against the 41 of 58 major county political parties which failed to submit their campaign finance disclosure statements by the recent August 31st deadline. The plaintiffs then turned to the Utah Attorney General asking for enforcement of the disclosure requirements.

The Attorney General’s office did not respond to the plaintiff’s enforcement request but later explained through a spokesman state law authorizes the lieutenant governor to act in matters touching upon campaign finance. For its part, the lieutenant governor’s office advises political parties to submit their financial disclosure statements even though state law does not specifically require them to do so.

According to Mark Thomas, elections director for the lieutenant governor, state law remains ambiguous on the question of the reporting responsibilities of county political parties; a question which will persist until state lawmakers clarify the law. “We would all like to get it better clarified,” Thomas said.

Photo of Salt Lake City by Skyguy414 on Wikipedia.

The Maine Commission on Governmental Ethics and Election Practices will be closed on Friday, October 8, 2010 for a mandatory furlough day and Monday, October 11, 2010 in observance of Columbus Day.

The commission advises independent expenditure reports which are due by October 12, 2010 (the October Summary Report) may be submitted to the commission by fax. The fax number which may be used is: (207) 287-6775.

The National Organization for Marriage (NOM) has filed a federal lawsuit against the Rhode Island Board of Elections seeking to strike down Rhode Island’s campaign finance law. Citing extensively to the recent U.S. Supreme Court decision in Citizens United v. FEC, the plaintiffs allege Rhode Island law’s definition of a political action committee, its expenditure ban, and its expenditure reporting requirements are all unconstitutional.

The plaintiffs are asking U.S. District Judge Mary Lisi for declaratory judgments clarifying the extent to which state law’s $1,000 contribution limits on contributions by political action committees apply to them. NOM also seeks a declaratory judgment stating they are not subject to the extensive reporting requirements imposed by state law upon entities which make independent expenditures. An in-chambers conference regarding the lawsuit has been scheduled for Thursday, September 30th, 2010.

The new regulation, which implements one of the requirements of the ethics reform legislation passed in 2009, would prohibit former employees of state agencies, authorities, and other entities from lobbying their former “governmental body” for one year after leaving their employment with the state.

The meeting will take place at the Ethics Commission offices located at 1 Ashburton Place, 21st floor, in Boston. The meeting will commence at 10 a.m. and is expected to adjourn at 2 p.m.

The committee serves as the nominating body for members of the Wisconsin Government Accountability Board (G.A.B.) and consists of four judges chosen from the state’s four Court of Appeals districts.

The board is charged by state law with the responsibility of developing lists of candidates to fill any vacancies which occur on the G.A.B. The names of candidates selected by the board are sent to the governor who makes a nomination which is then subject to final confirmation by the Wisconsin Senate.

Chief Justice Abrahamson will conduct the selection process on Wednesday, September 15 at 9:45 a.m. in the hearing room of the Wisconsin Supreme Court in Madison.

Photo of Madison, Wisconsin by Dori on Wikipedia.

The proposed Cuyahoga County ethics code is the product of a review conducted by a working group of volunteers who reviewed the ethics practices of 13 similar counties. The proposed code includes provisions for lobbyist registration and reporting, campaign finance disclosure, and “pay-to-play” provisions for public contracts.

The code calls for a new five person entity called the Cuyahoga County Ethics Board which will oversee ethics education and enforcement as well as a County Ethics Officer who would be empowered to render advisory opinions, process and initiate ethics complaints, and conduct investigations.

Finally, the new code provides for whistleblower protection for county employees who report suspected illegal or unethical conduct.