A change of a note regarding an Office of Government Ethics (OGE) guidance document from 1993 may open the door to allowing anonymous contributions, including from prohibited sources such as lobbyists, to government employees’ legal defense funds. In 1993, the OGE issued an opinion letter holding a fund established for the benefit of a government employee to pay the employee’s legal expenses, while administered by a person having no connection with the employee’s official duties, could accept anonymous contributions. The OGE guidance letter is not legally binding.

Walter Shaub, then director of the OGE, instructed his staff in May of this year to add a one-sentence note to the top of the document signaling the OGE’s long standing internal practice had diverged from the formal guidance, according to Politico. The note read in all caps and a red font, “NOTE: SOME STATEMENTS IN THIS OPINION ARE NOT CONSISTENT WITH CURRENT OGE INTERPRETATION AND PRACTICE.”

Subsequently, after Shaub left the OGE, the document’s note was changed to read, again in all caps and a red font, “NOTE: THE PRIMARY FINDING ABOUT THE LIMITED APPLICABILITY OF 18 U.S.C. §209 TO PAYMENTS MADE FOR AN EMPLOYEE’S LEGAL EXPENSES HAS NOT CHANGED. HOWEVER, BECAUSE EACH ANALYSIS IS VERY FACT-SPECIFIC, AGENCY ETHICS OFFICIALS SHOULD CONSULT WITH THEIR OGE DESK OFFICER BEFORE ADVISING EMPLOYEES ON THIS TOPIC.”

Critics of the note change say this opens the door up to lobbyists and other prohibited sources funding legal defenses for employees currently working in the White House. Richard Lucas, once counsel for a Clinton legal defense fund, told Politico, “Not knowing the source is a recipe for disaster.”

On August 24, Minister of Public Services and Procurement Judy Foote announced her resignation from Prime Minister Justin Trudeau’s cabinet. Foote will remain as a member of Parliament for the time being until the House of Commons resumes in September.

Since April, Foote, who represents Newfoundland and Labrador for the federal electoral district of Bonavista—Burin—Trinity, has been on leave for personal family medical reasons.

A video of Foote’s announcement of her resignation can be found here or viewed below.

On June 8, Quebec’s Commissioner of Lobbying François Casgrain, scheduled to retire this month, urged lawmakers to pass lobbying law reform.

According to the Montreal Gazette, Casgrain, who is leaving the position after eight years due to health reasons, is disappointed with the lack of progress in updating the lobbying laws. Casgrain has pushed for the passage of Bill 56, the Lobbying Transparency Act, which was first introduced in 2015. The legislation would expand the scope of the definition of lobbyists to include shareholders lobbying for an entity as well as directors and officers of a nonprofit. The bill would also expand the types of activity considered to be lobbying and impose stricter penalties and higher fines on violators of the law.

Casgrain will step down as Commissioner of Lobbying on June 30.

Members of Congress could be banned from being lobbyists for life if legislation introduced this month becomes law.

Senate Bill 1189, Close the Revolving Door Act of 2017, places a lifetime ban on current members of Congress from becoming lobbyists. Senators Michael Bennet, Cory Gardner, and Al Franken introduced the legislation, which also increases the statutory staff restrictions on lobbying from one year to six years.

Additionally, the bill bans lobbyists from joining Congressional staffs or committee staffs they lobbied for six years and increases the maximum penalty for violating the Lobbying Disclosure Act.

“Our legislation would put in place much-needed reforms-by not only banning members of Congress from becoming lobbyists, but also by making the industry become more accountable and transparent,” Franken said in a press release.

Today, the United States Supreme Court affirmed electioneering communication disclosure requirements under the Bipartisan Campaign Reform Act (BCRA).

In Independence Institute v. FEC, the Supreme Court affirmed, without a written opinion, a lower court’s summary judgement against Independence Institute, a Colorado based 501(c)(3) tax-exempt organization. Independence Institute argued the BCRA’s disclosure requirements for electioneering communications were overbroad and violated the First Amendment.

Electioneering communication is defined as any broadcast, cable, or satellite communication referring to a clearly identified federal candidate, made within 30 days of a primary election or 60 days of a general, special, or runoff election, and targeted to the relevant electorate.

On November 3, 2016, the U.S. District Court for the District of Columbia had rejected the Independence Institute’s challenge to the BCRA’s electioneering communication provisions and granted the Federal Election Commission’s motion for summary judgment.

On July 8, Conflict of Interest and Ethics Commissioner Mary Dawson will conclude her appointed position with Canada’s federal ethics agency. Dawson has chosen not to seek reappointment as commissioner, according to The Hill Times.

Some critics had argued the possibility of a reappointment could have influenced Dawson’s impartiality with inquiries into the current Liberal government. Her appointment was to have ended in the summer of 2016, but was twice temporarily extended by the Liberal government.

Besides administering the federal conflict of interest laws for public office holders and members of the House of Commons, the Office of the Conflict and Ethics Commissioner provides confidential advice to the prime minister about conflicts of interest and ethics issues.

On January 1, new changes to regulations concerning gifts for federal employees took effect.

Among the changes the Office of Government Ethics (OGE) made to the federal regulations include a non-binding recommendation employees “consider declining otherwise permissible gifts if they believe that a reasonable person with knowledge of the relevant facts would question the employee’s integrity or impartiality as a result of accepting the gift.”

Additionally, federal officials who are required to be granted permission to attend “widely attended events” must now seek the permission in writing.

The $20 threshold for accepting a gift remains the same.

On August 11, the U.S. House clerk’s office erroneously sent out a group of emails to lobbyists informing them their contribution reports were late, according to the National Law Review. However, many of the registrants receiving the emails had timely filed their 2016 Mid-Year LD-203 contribution reports, which were due August 1. The Review reports it is unclear how many late notices were sent in error. The House clerk’s office is aware of the error.

On July 13, the Utah Legislature adjourned its special session sine die.

Lawmakers voted for the state to allocate up to $10 million in funds for a new stadium in the Fairpark area of Salt Lake City.

An additional bill passed during the one-day special session regulates the use of personal drones over wildfires.

Photo of the Utah State Capitol by Scott Catron on Wikimedia Commons.

Today Ontario’s Office of the Integrity Commissioner will begin enforcing a new lobbying law for the province.

On December 9, 2014, the Legislative Assembly had passed an omnibus bill with changes to the province’s Lobbyists Registration Act, 1998. The law came into force by proclamation of the lieutenant governor. Schedule 8 of Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, gives the Ontario Integrity Commissioner as Lobbyist Registrar new investigative and enforcement power for violations. Individuals found in violation can be prohibited from lobbying for up to two years.

Additional changes include a streamlined registration form for certain companies, a lower threshold registration for in-house lobbyists, and new questions on registration forms.

On May 19, Rhode Island Secretary of State Nellie M. Gorbea unveiled the launch of Open Government Interactive, an online tool to better understand and interact with the state’s public data, which includes lobbying information. Data visualization is provided through interactive graphs displaying the number and types of lobbyists registered, of organizations hiring lobbyists, and of lobbying relationships relative to legislative topics.

The state also includes other material with this interactive online tool, including public meeting information. “It is my belief that government must be effective, transparent, and accountable to the people it serves in order to succeed. Part of this transparency comes with the general public having access to information about meetings happening among our government bodies and knowledge of who is lobbying their elected officials,” Gorbea said in her press release. All data published is from 2011-2015.

On May 18, the 2016 second special session of the 61st Utah Legislature adjourned sine die.

The one-day special session restored funding to various educational programs throughout the state. The funding had been vetoed by Gov. Gary Herbert earlier this year.

You know I hate cancer.  No one wants to be in the club, yet every day someone else is initiated without a request.

It has been three years since we had our first Race for the Cure team for the Susan G. Komen event in Akron. Well, I have re-signed up our ST8PACS team on the site and registered to participate in the 5K walk. This year’s event will be Saturday, July 23 at Canal Park.

Why are we involved?

One in eight women in the US will be diagnosed with breast cancer.

Because every minute someone dies of breast cancer.

Breast cancer knows no boundaries—be it age, gender, socio-economic, or geographic location.

Consider going to http://neohio.info-komen.org to register and join the ST8PACS team by contributing.

Until next month remember, in 1980, the five-year survival rate for women diagnosed with early stage breast cancer was 74%. Today it is 99% because so many people have helped to raise money for awareness, having mammograms, and the research to help end breast cancer.

Thank you.

Elizabeth Z. Bartz

President and CEO
@elizabethbartz

On February 5, Louisiana Gov. John Bel Edwards called a special session of the Legislature to meet on February 14. The purpose of the session is to focus on fiscal issues concerning the state, including a call for reductions in the state’s ordinary operating expenses, new legislation affecting rates and brackets for state income tax, new legislation with regard to state contracts, and new legislation addressing the state sales tax on telecommunications services. Additionally, the governor is asking for a state constitutional amendment relating to deductible items in computing state income tax. In all, the session will address 36 items.

The regular session of the Legislature is not scheduled to meet until March 14. The governor’s proclamation specifies the special session is to extend no later than March 9.

Photo of the Louisiana State Capitol by Bluepoint951 on Wikimedia Commons.