Jim Sedor, Author at State and Federal Communications

February 20, 2017 • Written by Jim Sedor

Monday’s Government Relations and Ethics News

Campaign Finance New Mexico: “NM Senate Wants Disclosure of ‘Dark Money’ Election Spending” by Dan McKay for Albuquerque Journal South Dakota: “Republicans Prepare for Court Battle Over Out-of-State Spending Caps” by Dana Ferguson for Sioux Falls Argus Leader Ethics “Liberal […]

February 17, 2017 • Written by Jim Sedor

News You Can Use Digest – February 17, 2017

Federal: Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017 President Trump’s ouster of national security adviser Michael Flynn, and the circumstances leading up […]

Federal:

Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House
Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017

President Trump’s ouster of national security adviser Michael Flynn, and the circumstances leading up to it, have become a major crisis for the fledgling administration, forcing the White House on the defensive and precipitating the first significant breach in relations between Trump and Congress. Senate Majority Leader Mitch McConnell said it was “highly likely” the events leading to Flynn’s departure would be added to a broader probe into Russian meddling in the U.S. presidential election. Intercepts showed Flynn discussed U.S. sanctions in a phone call with the Russian ambassador, a conversation topic that Flynn first denied and then later said he could not recall. McConnell’s comments followed White House revelations that Trump was aware “for weeks” that Flynn had misled Vice President Pence and others about the content of his late December talks with Russian Ambassador Sergey Kislyak.

Report Shows ‘Untapped Power’ of Constituent Advocacy
Roll Call – Bridget Bowman | Published: 2/13/2017

The Congressional Management Foundation released a report highlighting more than a decade’s worth of its surveys that show how citizens can best influence lawmakers. According to the group’s research, citizens who show up in person and are well-prepared with facts and arguments can have a sizable impact on undecided legislators. But recent flare-ups at town hall meetings across the country have also demonstrated the impact of constituents who show up and make their voices heard. Bradford Fitch, one of the report’s authors, said phone calls and emails are not necessarily the most effective ways of communicating with legislators, and neither is a confrontation. “When you’re yelling, Congress isn’t listening,” Fitch said.

Trump Campaign Aides Had Repeated Contacts with Russian Intelligence
New York Times – Michael Schmidt, Mark Mazzetti, and Matt Apuzzo | Published: 2/14/2017

Intercepted calls and phone records show several aides and allies to President Trump’s campaign were in contact with senior Russian intelligence officials. Current and former U.S. officials who spoke with The New York Times said the contacts were discovered during the same time that intelligence agencies were investigating Russia’s extensive hacking campaign, later determined to be aimed at helping Trump win the White House. The agencies sought to learn whether the Trump campaign was colluding with the Russians on the hacking or other efforts. The officials interviewed said so far, they had seen no evidence of such cooperation. But the intercepts alarmed American intelligence and law enforcement agencies, in part because of the amount of contact that was occurring while Trump was speaking glowingly about Russian President Vladimir Putin.

Who is Donald McGahn, the Fiery Lawyer at the Center of Virtually Every Trump Controversy?
Washington Post – Matt Zapotosky and Sari Horwitz | Published: 2/14/2017

As White House counsel, Donald McGahn is supposed to provide the president with legal guidance on the thorniest issues of the day, and to manage disputes between power players inside the administration and the various executive agencies. McGahn has been at the center of virtually every controversy during the Trump administration. He is a veteran campaign finance lawyer and former member of the FEC. Before taking over the role in the administration, he worked at the Jones Day law firm and as general counsel to the Trump campaign. He is a consummate Washington insider, but like the man for whom he works, he has an independent streak, those who know him say. “Don is not a buttoned-down guy,” said Bradley Smith, a law professor at Capital University and longtime professional friend of McGahn.

From the States and Municipalities:

Florida – At Miami’s Airport, There’s Economy, First Class and … Politician
Miami Herald – Douglas Hanks | Published: 2/8/2017

A new report from the Miami-Dade ethics commission chastised the county-owned Miami International Airport for offering elected officials VIP treatment, including golf-cart rides, cutting to the front of security and Customs, and other courtesies normally reserved for foreign dignitaries. Investigators concluded most of the trips by officeholders came during official government business. But there are multiple mentions of personal travel too, including trips to visit sick relatives and other unspecified vacations. The airport’s Protocol Office arranged four escorts for Rebeca Sosa, a county commissioner, and three for her sister. “These are unexplained,” the report said of the sibling’s VIP transits

Florida – These Lawmakers Are On the Payroll of Firms That Lobby the Legislature
Sarasota Herald-Tribune – Zac Anderson | Published: 2/12/2017

The Florida Bar Association once issued a formal ethics opinion effectively prohibiting state lawmakers from working at firms that lobby the Legislature. That ethics opinion was rescinded in 1999 and now at least six Florida lawmakers, including the House speaker, work for law firms that lobby the Legislature. Those who defend the practice say there are provisions in state law and legislative rules to address any conflicts-of-interest. Some also argue that restricting such employment would discourage well-qualified individuals from serving in the Legislature because they would have to give up their jobs with big firms.

Kentucky – GOP Senators Want to Cut Sex Harassment Training
Louisville Courier-Journal – Morgan Watkins | Published: 2/13/2017

A few Republican state senators want to eliminate required sexual harassment training for lawmakers and cut back on the ethics-related instruction they receive, citing concerns about the effectiveness of those initiatives. Sen. John Schickel is sponsoring a bill would repeal existing requirements for lawmakers to go through sexual harassment and workplace harassment training. It also would require Kentucky legislators to sit through only 30 minutes of ethics-related instruction each January instead of the three hours currently mandated by state law. “It’s nothing more than political correctness training,” Schickel said. “If you don’t have good manners and good values when you come to Frankfort, I can assure you Frankfort will not teach them.”

Maryland – Gov. Hogan’s Office Has Blocked 450 People from His Facebook Page in Two Years
Washington Post – Ovetta Wiggins and Fenit Nirappil | Published: 2/8/2017

After a deluge of comments asking that he denounce President Trump’s controversial travel ban, Maryland Gov. Larry Hogan’s office blocked numerous posters and deleted their messages from his Facebook page. Gubernatorial spokesperson Doug Mayer said the governor’s office has blocked 450 people since Hogan took office two years ago. The office does not have a specific policy for handling comments on Hogan’s page, which has more than 146,500 likes. Mayer said most of the removed comments were “vulgar, derogatory, hateful or racist,” but aides have also deleted those that are a part of an organized effort. Erich Sommerfeldt, a public relations professor at the University of Maryland, said deleting negative comments, rather than responding to them, can hurt a company or public figure’s brand.

Missouri – Campaign Contribution Law Bans Corporation Donations to All Candidates
Missouri Times – Benjamin Peters | Published: 2/14/2017

Constitutional Amendment 2, which was approved by Missouri voters in November, places limits and rules on how candidates and committees can accept donations, including how much can be given. A recent advisory opinion from the Missouri Ethics Commission says the new law prohibits a corporation or labor organization from making direct contributions to a campaign committee, candidate committee, exploratory committee, or political party. That means no corporation may contribute to a candidate’s campaign at the statewide level. But with the race for St. Louis mayor and a number of local and municipal elections weeks away, the question has been raised of whether these rules apply to municipal election.

New Jersey – N.J. Election Agency Could Soon Fill Key Posts
Bergen Record – Salvador Rizzo | Published: 2/14/2017

Gov. Chris Christie and Democratic senators have struck a deal to reactivate New Jersey’s election watchdog agency, which has been toothless for nearly a year, unable to hold meetings or punish candidates who violate campaign finance restrictions. Senate Democratic leaders said they expect to fill all of the vacancies by March 13 on the Election Law Enforcement Commission (ELEC). Restoring ELEC to its full power is key to ensuring the integrity of this year’s election for governor, all 120 legislative seats, and hundreds of local races, experts said. Three persistent vacancies on ELEC’s four-member board have prevented it from holding meetings since last March, an unprecedented 11-month stretch of inactivity since the agency was founded in 1972.

North Carolina – N.C. Supreme Court Blocks Law Stripping Governor of Election Oversight Powers
Winston-Salem Journal – Richard Craver | Published: 2/13/2017

The North Carolina Supreme Court blocked a state law that strips the new Democratic governor of powers to oversee elections. A lower appeals court briefly let the law to take effect, allowing a revamped state elections board to meet for the first time. It is one of the changes passed in December that shifted power over running elections away from Gov. Roy Cooper. The law ends the practice of allowing the governor’s party to hold majorities on all state and county elections boards. Elections board positions would be evenly divided between major-party partisans. Republicans would control elections during even-numbered years, typically election years. It also combines the State Board of Elections with the campaign finance, lobbying, and ethics commissions into one state agency.

South Dakota – Candy-Filled ‘Gift’ Watches to Legislators Cause Uproar
Rapid City Journal – Bob Mercer | Published: 2/14/2017

Two volunteer lobbyists put fake gold watches containing candy on the desks of South Dakota legislators recently. They mentioned it to a news reporter who later took a photograph showing four legislators wearing the watches. The reporter posted the photo on an Internet blog. The series of events sparked a backlash from supporters of Initiated Measure 22 who said the picture was offensive. The four senators in the photo voted to repeal the ballot measure. IM 22 would have created a publicly funded campaign system for candidates for the Legislature and state offices. It also would have established lobbyist gift limits, changed campaign contribution laws, and set up an ethics commission.

Tennessee – Amid Ongoing Durham Scandal, Probe Shows Problems with Law
The Tennessean – Joel Ebert and Dave Boucher | Published: 2/13/2017

A recent state audit that said former Rep. Jeremy Durham violated Tennessee’s campaign finance law is “packed with problematic stuff” that may provide fertile ground for an ongoing federal probe, said former U.S. Attorney Jerry Martin. The scrutiny on Durham shines a light on the state campaign finance law, created with light punishments by those it is intended to police. In addition, Durham’s actions outlined in the audit offer a glimpse of the criminal consequences he could face.

Texas – How Blind Is This Texas Oil Regulator’s Blind Trust, Managed by His Brother-in-Law?
Dallas News – Steve Thompson | Published: 2/7/2017

Since his election to a seat on the Texas Railroad Commission in 2014, Ryan Sitton has voted on dozens of issues involving energy companies that hire his firm, Pinnacle Advanced Reliability Technologies. Its business is helping clients ensure equipment stays reliable. Many of these issues have come before the oil and gas commission as part of its consent agenda, where items of no controversy are packaged together for approval. But a few have been contentious, and Sitton has played big roles in deciding them. Not once has Sitton disclosed a relationship or recused himself. Texas law prohibits state officials from voting on matters in which they have a “personal or private interest” and requires them to publicly disclose such conflicts. But the law does not clearly define a “personal or private interest.”

Vermont – Scott Administration Discourages Fraternizing with Lawmakers, Lobbyists
Vermont Press Bureau – Neal Goswami | Published: 2/10/2017

Vermont Gov. Phil Scott reportedly has directed staff and administrative personnel to avoid fraternizing after hours with legislators and lobbyists, but some observers say the directive is unrealistic in tiny Montpelier. Many states have codes of conduct for state employees and officials to follow regarding lobbyists, as do the federal government and the armed forces. But how realistic is Scott’s directive given the long tradition of lawmakers, lobbyists, and state officials rubbing – and bending – elbows together after hours?

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

February 16, 2017 • Written by Jim Sedor

Thursday’s Government Relations and Ethics News

Lobbying Oregon: “Oregon Measure Would Require More Disclosure from Lobbyists” by Chris Lehman for KUOW South Carolina: “Unlimited No More: House votes to cap lobbyist gifts” by Dana Ferguson for Sioux Falls Argus Leader Vermont: “Scott Administration Discourages Fraternizing with […]

February 15, 2017 • Written by Jim Sedor

Wednesday’s Government Relations and Ethics News

Lobbying “Report Shows ‘Untapped Power’ of Constituent Advocacy” by Bridget Bowman for Roll Call Florida: “These Lawmakers Are On the Payroll of Firms That Lobby the Legislature” by Zac Anderson for Sarasota Herald-Tribune Campaign Finance “Business Roundtable Softening Stance on […]

February 14, 2017 • Written by Jim Sedor

Tuesday’s Government Relations and Ethics News

Campaign Finance California: “Sacramento Wants State Watchdog to Enforce City Ethics Rules” by Anita Chabria for Sacramento Bee Michigan: “Michigan Unions Lose Campaign Finance Fight” by Kevin Koeninger for Courthouse News Ethics “Wearing Wig, Lawyer Tried to Sell Confidential Document, […]

February 13, 2017 • Written by Jim Sedor

Monday’s Government Relations and Ethics News

Campaign Finance California: “Republicans Face $30,000 Fine from California Campaign Regulators” by Jim Miller for Sacramento Bee Mississippi: “Senate Passes Its Campaign Finance Reform” by Geoff Pender for Jackson Clarion-Ledger Tennessee: “Jeremy Durham Spent Campaign Funds on Suits, Sunglasses and […]

February 9, 2017 • Written by Jim Sedor

Thursday’s Government Relations and Ethics News

Lobbying “Records Show How Air Force Nominee Skirted Lobbying Restrictions” by Patrick Malone (Center for Public Integrity) for Politico “Nations Turn to Lobbyists Amid Trump Upheaval” by Megan Wilson for The Hill New Mexico: “Strange Bedfellows: How four Capitol couples […]

February 7, 2017 • Written by Jim Sedor

Tuesday’s Government Relations and Ethics News

Campaign Finance Alabama: “Gov. Robert Bentley Used Campaign Funds to Pay Rebekah Mason’s Lawyer” by Mike Cason for AL.com Mississippi: “Campaign Finance Reports Go Digital” by Zachary Oren Smith for The Daily Journal Ethics “Trump May Be Skirting Transparency Law […]

February 3, 2017 • Written by Jim Sedor

News You Can Use Digest – February 3, 2017

National: Fatigued by the News? Experts Suggest How to Adjust Your Media Diet New York Times – Christopher Mele | Published: 2/1/2017 Some say it feels as if we are living inside a blizzard of news, with information constantly bombarding us. […]

National:

Fatigued by the News? Experts Suggest How to Adjust Your Media Diet
New York Times – Christopher Mele | Published: 2/1/2017

Some say it feels as if we are living inside a blizzard of news, with information constantly bombarding us. The result is a fatigue about the headlines – lately about politics – that has prompted some people to withdraw from the news, or curb their consumption of it. Experts said they had not seen data to conclude that consumers had changed their habits to protect their mental health, but added that the news ecosystem had changed drastically over the past five years, accelerating the sense of information overload. “Journalists … should be more involved in managing the insane flow of information and misinformation; it would be better if we had an approach that said, ‘Calm down,'” said media professor Dan Gillmor.

Federal:

Resistance from Within: Federal workers push back against Trump
Washington Post – Juliet Eilperin, Lisa Rein, and Marc Fisher | Published: 1/31/2017

The signs of popular dissent from President Trump’s opening volley of actions have been plain to see on the nation’s streets, at airports in the aftermath of his refugee and visa ban, and in the outrage on social media. But there is another level of resistance to the new president that is less visible and potentially more troublesome to the administration: a growing wave of opposition from the federal workers charged with implementing any new president’s agenda. Federal workers are in regular consultation with recently departed Obama-era political appointees about what they can do to push back against the new president’s initiatives. Some federal employees have set up social media accounts to anonymously leak word of changes that Trump appointees are trying to make. And a few government workers are pushing back more openly.

Trump Ethics Rules Curtail Lobbyists, While Also Loosening Some Obama Restrictions
Washington Post – Matea Gold | Published: 1/28/2017

President Trump signed an executive order that strengthens certain restrictions on lobbying that had been adopted under President Obama, while weakening others. Executive branch employees, including those in the White House, will now be barred for five years after they leave government from lobbying the federal agency where they worked. Under Obama, they had to wait until the end of the administration, meaning a shorter ban for some departing officials. Former executive branch officials will now also be permanently banned from serving as foreign lobbyists.

Trump’s Campaign Paid His Businesses Millions Over Course of Campaign
Politico – Kenneth Vogel | Published: 2/1/2017

President Trump’s campaign spent a total of $12.7 million at businesses run by him and his family members over the course of the 2016 presidential election. The largest sums went to Trump’s airline, TAG Air, which received $8.7 million as Trump used his own jet to fly around the country. Another $2 million went to Trump Tower, the skyscraper that housed his campaign headquarters. The spending at Trump properties, which continued after he won the election, underscores how much he was willing to mingle his political and business operations, from buying meals at his own Trump Grill to renting space at his own golf clubs.

White House Says LGBT Protections for Federal Workers Will Remain
Washington Post – Juliet Eilperin and Sandhya Somashekhar | Published: 1/30/2017

An executive order protecting federal employees from anti-LGBTQ discrimination that was first signed in 2014 by President Barack Obama will continue under President Donald Trump, the White House said. Obama’s order expanded protections in federal hiring, which already barred discrimination on the basis of sexual orientation, to also include gender identity. And it required all companies doing business with the federal government to have explicit policies barring discrimination against gay and transgender workers. It applies to 24,000 companies that collectively employed about 28 million workers, representing about a fifth of the U.S. workforce.

From the States and Municipalities:

Alaska – Is It Time for a Lobbyist Union? Juneau Representative Proposes 2.5 Percent Industry Tax
Alaska Dispatch News – Nathaniel Herz | Published: 1/31/2017

Alaska Rep. Sam Kito introduced an income tax bill recently, but only for lobbyists. House Bill 91 would levy a two-and-one-half percent income tax on the annual earnings of legislative lobbyists. The measure would replace the state’s current $250 registration fee. Kito said the money raised from the tax will support the Alaska Public Offices Commission, which oversees the activity of candidates and lobbyists. He said the Legislature’s Division of Legal Services has not raised any concerns about directing the income tax at a specific group of Alaskans. The bill also calls for a $100 registration fee from anyone running for political office.

Arizona – How The Wrong Letterhead Exposed Phoenix’s Toothless Lobbying Rules
Arizona Republic – Rob O’Dell and Dustin Gardner | Published: 1/31/2017

A Phoenix law firm did not properly register as a lobbyist with the city for two years, and recently filed falsely dated documents that made it appear the firm had followed the law, according to City Attorney Brad Holm. Even though Holm determined Burch & Cracchiolo was not properly registered, he said the city cannot not take action against anyone who violates the lobbyist registration ordinance. Holm said that is because much of the lobbyist ordinance lacks an “enforcement mechanism,” a conclusion reached by the city’s law department recently.

California – Spending on Lobbying in California Tops $309 Million, the Second-Highest Amount Ever Recorded in the State
Los Angeles Times – Patrick McGreevy | Published: 2/1/2017

Interest groups spent $309 million on lobbying government officials in California last year, with the oil industry, environmental organizations, labor unions, and the health industry pouring the greatest amounts into legislative and regulatory battles. It is the second time in the state’s history that more than $300 million has been spent in a year, just short of the record $314 million paid out for lobbying in 2015. Seeing such large amounts spent by wealthy interests is a concern, public advocates say, because it reflects an effort to exert heavy influence on government officials that average citizens may not be able to match.

Massachusetts
Slots Ballot Question Backers Fines $125,000 for Campaign Finance
Boston Globe – Michael Levenson | Published: 1/27/2017

Developer Eugene McCain led the public charge to push Ballot Question 1, which would have allowed the construction of Massachusetts’ second slots parlor on property he owns near the Suffolk Downs race track in Revere. But the measure was defeated in November, and now McCain’s political committee has agreed to pay $125,000 to state campaign finance regulators for hiding the identity of the ballot measure’s backers.

Michigan – Dozens of Former State Employees Now Work for Contractors
Lansing State Journal – Justin Hinkley | Published: 1/27/2017

A Lansing State Journal investigation identified 87 former state employees in Michigan who are now working for major state contractors, consultants, or vendors, nearly half of whom started working for the contractor immediately after leaving state government. Six of those employees are now working for contractors they oversaw while employed by the state government. The investigation found no examples of quid-pro-quos, such as state employees favoring contractors to get a job. But monitoring for such problems is difficult because no one in Michigan regularly tracks where the nearly 49,000 state employees go when they leave the government workforce. Michigan is one of only nine states that do not put limits on where civil servants can work after they leave state employment.

Montana – Motl Can Remain Until Replacement Is Confirmed
Great Falls Tribune – Matt Volz (Associated Press) | Published: 2/1/2017

The Montana Supreme Court ruled that Commissioner of Political Practices Jonathan Motl’s term has expired, but he can remain in office until a successor is found. The ruling comes in a lawsuit that claimed Motl is entitled to a full six-year term ending in 2019, and not the January 1 expiration date set by Gov. Steve Bullock and confirmed by the Montana Senate. Republican legislative leaders have been seeking Motl’s removal from the office amid the dispute, and at one point tried to cut off the commissioner’s pay. Two people have submitted applications to replace Motl: his chief legal counsel, Jamie MacNaughton, and former Billings City Commissioner Michael Larson.

Oregon – Oregon Lawmakers Pay Their Businesses with Campaign Funds – It’s Legal, But Is It Ethical?
Portland Oregonian – Gordon Friedman | Published: 1/27/2017

At least 11 Oregon lawmakers have tapped campaign funds to pay their business or nonprofit in the last decade. The cash expenditures, made by Democrats and Republicans in the state House and Senate, range from a few hundred dollars to tens of thousands. All said their payments fell within the bounds of the state’s campaign finance statute. Oregon law allows candidates to buy goods and services at “fair market value” from their own businesses with campaign funds, said state Elections Director Steve Trout. Candidates are only barred from using campaign funds to buy intangibles, like “political consultancy or advising,” he said. But it appears two lawmakers may have done just that.

South Dakota – South Dakota Senate Sends Ethics Law Repeal to Governor
ABC News – James Nord (Associated Press) | Published: 2/1/2017

South Dakota lawmakers passed a bill that repeals Initiated Measure 22, a voter approved plan that instituted a public campaign finance system, created a state ethics commission, and tightened campaign finance and lobbying laws. Republican lawmakers contend those provisions are unconstitutional. They challenged the overhaul in state court, which put the initiative on hold while the case moves forward. An emergency provision means the bill would take effect immediately and could not be referred back it to the ballot. Lawmakers have filed proposals that would supplant provisions of the initiative, including similar restrictions on lobbyist gifts and more limited watchdog commissions.

Tennessee – In Tennessee, Lobbyists’ Employers Face Few Disclosure Rules
The Tennessean – Dave Boucher | Published: 1/28/2017

Tennessee law allows companies and organizations to report how much they paid lobbyists and how much they spent on other related expenditures as a range, not specific amounts. State law also does not require those companies to provide additional details about what money is spent on or who they were trying to influence. Bureau of Ethics and Campaign Finance Executive Director Drew Rawlins said companies do not need to provide any receipts or detailed accounting information on their semi-annual reports. While laws regulating lobbyists in other states vary, most require far more information from those employing lobbyists.

West Virginia – Potential Conflicts Also Issue for New WV Commerce Secretary
Charleston Gazette – Andrew Brown | Published: 1/31/2017

Woody Thrasher, West Virginia’s new secretary of the Department of Commerce, owns one of the largest engineering firms in the state and he still has to figure out what to do with his businesses now that he has joined state government. This is the first time Thrasher is serving in public office, but it is not the first time his private firm and other companies have interacted with the Department of Commerce and the state’s executive branch. Thrasher said he is removing himself from the day-to-day operations of his businesses but suggests he is not giving up his ownership.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

February 1, 2017 • Written by Jim Sedor

Wednesday Government Relations News Roundup

Lobbying “Is It Time for a Lobbyist Union? Juneau Representative Proposes 2.5 Percent Industry Tax” by Nathaniel Herz for Alaska Dispatch News “Richard Corcoran: Rick Scott’s ethics proposals not personal” by Jim Rusica for Florida Politics “Senate Committee Compares House […]

December 30, 2016 • Written by Jim Sedor

News You Can Use Digest – December 30, 2016

National: When One Party Has the Governor’s Mansion and the Other Has the Statehouse New York Times – Trip Gabriel | Published: 12/26/2016 Governors outgunned by veto-proof majorities in their Legislatures have successfully used the bully pulpit of their office, going over the […]

National:

When One Party Has the Governor’s Mansion and the Other Has the Statehouse
New York Times – Trip Gabriel | Published: 12/26/2016

Governors outgunned by veto-proof majorities in their Legislatures have successfully used the bully pulpit of their office, going over the heads of part-time lawmakers to directly appeal to citizens. Other times, governors have profited from a basic law of politics: they are usually more popular than legislative bodies, whose job favorability is little higher than that of perpetrators of Ponzi schemes. And governors in control of the bureaucracy of the executive branch have found that, like President Obama in the face of congressional obstruction, they can pull the levers of executive action to advance an agenda.

Wielding Claims of ‘Fake News,’ Conservatives Take Aim at Mainstream Media
New York Times – Jeremy Peters | Published: 12/25/2016

Until now, the term “fake news” had been understood to refer to fabricated news accounts that are meant to spread virally online. But conservative cable and radio personalities, top Republicans, and President-elect Donald Trump, incredulous about suggestions that fake stories may have helped swing the election, have appropriated the term and turned it against any news they see as hostile to their agenda. In defining “fake news” so broadly and seeking to dilute its meaning, they are capitalizing on the declining credibility of all purveyors of information. And conservatives, seeing an opening to undermine the mainstream media, a longtime foe, are more than happy to dig the hole deeper.

Federal:

Donald Trump Plans to Shut Down His Charitable Foundation, Which Has Been Under Scrutiny for Months
Washington Post – Mark Berman and David Fahrenthold | Published: 12/24/2016

President-elect Donald Trump announced he intends to dissolve his charitable foundation, his latest move aimed at settling ethical conflicts that have already dogged the incoming administration. The Donald J. Trump Foundation has come under scrutiny this year after a series of news reports detailing its practices, including cases in which Trump apparently used the charity’s money to settle lawsuits involving his for-profit businesses. New York’s attorney general has been investigating the charity after some of these reports, and a spokesperson for that office said the foundation could not officially shut down until that probe is over.

Inside the Trump Organization, the Company That Has Run Trump’s Big World
New York Times – Megan Twohey, Russ Buettner, and Steve Eder | Published: 12/25/2016

With entanglements around the world, many packaged in a network of licensing agreements and limited liability companies, the Trump Organization poses a raft of potential conflicts for a president-elect who has long exerted tight control over his business. Donald Trump, owner of all but the smallest sliver of the privately held company, has said while the law does not require it, he is formulating plans to remove himself from the company’s operations. But amid rising pressure, Trump and his advisers have been debating further steps. Yet an examination of the company underscores the challenges of taking Donald Trump out of the picture. His company is a distinctly family business fortified with longtime loyalists that operates less on standardized procedures and more on a culture of its leader.

Navy Repeatedly Dismissed Evidence That ‘Fat Leonard’ Was Cheating the 7th Fleet
Washington Post – Craig Whitlock | Published: 12/27/2016

The Navy allowed the worst corruption scandal in its history to fester for several years by dismissing evidence that a Singapore-based contractor, Leonard Francis, was cheating the service out of millions of dollars and bribing officers with alcohol, prostitutes, and lavish dinners. Staffers at U.S. Pacific Fleet headquarters were so worried about the potential for trouble that they drafted a new ethics policy to discourage Navy personnel from accepting favors from Francis. But their effort was blocked for more than two years by admirals who were friendly with the contractor. It took officials years to gather enough evidence to charge Francis and arrest him. He has pleaded guilty to defrauding the Navy of $35 million.

U.S. Punishes Russia for Election Hacking, Ejecting Operatives
New York Times – David Sanger | Published: 12/29/2016

The Obama administration announced new measures in retaliation for what officials have characterized as Russian interference in American elections, ordering the removal of 35 Russian government officials from the U.S. and sanctioning agencies and individuals tied to the hacks. The announcement culminates a debate over whether and how to respond to Russia’s unprecedented election-year provocations, ranging from the hacks of the Democratic National Committee to the targeting of state electoral systems. President-elect Donald Trump suggested the U.S. should drop its effort to retaliate against Russia, and cast doubt on intelligence agencies’ conclusion that Russia was behind the hacks.

From the States and Municipalities:

California
How to Influence the California Legislature? New Spending Details Revealed
Sacramento Bee – Taryn Luna and Jim Miller | Published: 12/28/2016

The third quarter of 2016, which included the end of the legislative session, was so important that companies, unions, trade associations, and other groups paid $84.4 million to lobby California officials on bills and regulations during the three-month period. Much as campaigns for candidates seek to win over voters, the disclosure filings underline the extent to which special-interest groups employ some of the same resources to make their cases to lawmakers and state officials. They also for the first time provide details about which political consultants, public-relations experts, advertising firms, and other non-lobbyist advocates are being paid to influence policy.

California
Santa Clara County Bosses Let Workers Take Toys Meant for Needy Kids
San Jose Mercury News – Ramona Girwagis | Published: 12/23/2016

Expensive toys intended as Christmas presents for poor children were handed out instead to dozens of Santa Clara County employees, and the county executive’s office says they do not need to return them. County employees walking to their cars from work saw the items being unloaded from trucks at the Santa Clara County building as part of a toy drive. County Executive Jeff Smith insisted that county employees who took the toys understood they needed to donate them to a nonprofit or church. But he could provide no documentation that workers were told to donate them. Smith acknowledged the county has no way of knowing whether the employees donated the gifts or kept them for themselves. “Had we realized that this was going on we probably would have organized it differently,” said Steve Preminger, a special assistant to Smith.

Florida
Shining a Light on Lobbyists, New Efforts to Curb Their Influence
Tallahassee Democrat – James Call | Published: 12/18/2016

It is a new era in Washington, D.C. and Tallahassee, and the winners of the November election are imposing new realities on how lobbyists can operate. New lobbyist-disclosure requirements approved by the Florida House aim to reveal how paid advocates and lawmakers interact behind the scenes. The rules place the lobbying corps in a delicate situation. They clearly target their product – influence – yet opposition would alienate House Speaker Richard Corcoran, the official with the ability to see that their bill, amendment, or request never gets heard. Lobbyists said they are figuring out how to navigate the new working conditions.

Missouri
With Greitens’ Blessing, Lawmakers Aim for Lobbyist-Gift Ban
Springfield News-Leader – Summer Ballentine (Associated Press) | Published: 12/25/2016

Maybe this year, with support from Gov.-elect Eric Greitens, Missouri lawmakers will be able to keep lobbyists from giving officeholders expensive dinners or concert tickets. If lawmakers fail to deliver in the 2017 session, it would break a campaign promise from Greitens, who largely focused on how he would tackle corruption in the Capitol, which in recent years has been marred by ethics scandals, and said such a ban is his first goal. It is also among the top priorities for House Speaker Todd Richardson, who said he was personally disappointed when an ethics bills did not pass last session.

New York
De Blasio Signs Measures Limiting Political Contributions
Newsday – Matthew Chayes | Published: 12/22/2016

New York City Mayor Bill de Blasio signed campaign finance reform legislation recently. Included in the bills are limits on contributions by donors with business before the city to elected officials’ political nonprofits, ostensibly aimed at a group like the mayor’s now-defunct Campaign for One New York. Other legislation eliminates public matching funds for contributions bundled by people doing business with the city, limits amounts donated for transition and inauguration activities, and changes eligibility requirements for certain activities like debates.

New York
JCOPE Settles with Firms Caught Up in Skelos, Silver Cases
Albany Times Union – Casey Seiler | Published: 12/28/2016

The New York Joint Commission on Public Ethics reached settlements over lobbying violations with companies involved in the corruption cases of former Senate Majority Leader Dean Skelos and ex-Assembly Speaker Sheldon Silver. Glenwood Management will pay a $200,000 fine and Administrators for the Professions will pay $70,000. Glenwood failed to disclose meetings and other lobbying activities before Skelos, and recommended to a company that it hire his son as a consultant. Glenwood also retained a law firm knowing a portion of the fees it paid would be shared with Silver. Administrators for the Professions admitted in the course of lobbying Skelos, it employed his son in an arrangement designed to curry favor with the senator.

New York
NYCLU, ACLU Sue New York Over Ethics Law
Albany Times Union – Chris Bragg | Published: 12/22/2016

A civil liberties group has joined in the call for a federal judge to strike down new donor-disclosure provisions in New York that allegedly stray from their anticorruption goals, hurting the protected speech rights of both nonprofits and donors. The new law mandates the public disclosure of all donors and contributions to a 501(c)(3) in excess of $2,500 whenever that organization makes an “in-kind donation” of over $2,500 to certain 501(c)(4)s engaged in lobbying activity. For 501(c)4 disclosure, the law lowers the threshold from $50,000 to $15,000 in annual lobbying spending. Unless the lawsuits succeed in getting an injunction, the first lobbying reports with the new disclosure requirements are due at the end of January.

Oklahoma
An Oklahoma Newspaper Endorsed Clinton. It Hasn’t Been Forgiven.
New York Times – Manny Fernandez | Published: 12/26/2016

The Enid News & Eagle, a red newspaper in a red county in what is arguably the reddest of states went blue this campaign season and endorsed Hillary Clinton for president. The editorial board wrote that Donald Trump lacked “the skills, experience or temperament to hold office.” It was the first Democratic endorsement for president in the modern history of the newspaper, which was founded in 1893. Enid was stunned, and this slow-paced agricultural town of 52,000 near the Kansas state line has not been the same since. Around the country, as newspapers big and small are struggling to keep subscribers, a handful of papers with conservative editorial boards made news by either endorsing Clinton or urging readers to back anybody but Trump.

South Carolina
Possibility of More S.C. Lawmakers Charged with Corruption Looms
Aiken Standard – Seanna Adcox (Associated Press) | Published: 12/24/2016

Following the 30-count indictment of a former state House majority leader, questions over who else may face corruption charges will loom over South Carolina’s 2017 legislative session. The misconduct and ethics charges against Rep. Jim Merrill, the first since former Speaker Bobby Harrell pleaded guilty and resigned more than two years ago, ended all speculation that lawmakers could breathe easy. And prosecutor David Pascoe made clear he is not done. “This is still an ongoing investigation,” Pascoe said in a recent statement.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

December 28, 2016 • Written by Jim Sedor

Wednesday Government Relations News

Lobbying Missouri: “With Greitens’ Blessing, Lawmakers Aim for Lobbyist-Gift Ban” by Summer Ballentine (Associated Press) for Springfield News-Leader New York: “Ex-Prisoners Get an Advocate from Their Own Ranks” by Benjamin Weiser for New York Times Campaign Finance “Trump Rewards Big […]

December 27, 2016 • Written by Jim Sedor

Tuesday News Roundup

Lobbying Florida: “Shining a Light on Lobbyists, New Efforts to Curb Their Influence” by James Call for Tallahassee Democrat Illinois: “Players Ask Favors Big and Small in Emanuel Emails” by Rick Pearson, David Heinzmann, and Jeff Coen for Chicago Tribune […]

December 23, 2016 • Written by Jim Sedor

News You Can Use Digest – December 23, 2016

National: Suspected of Corruption at Home, Powerful Foreigners Find Refuge in U.S. Miami Herald – Kyra Gurney, Analji Tsui, David Iaconangelo, and Selena Cheng | Published: 12/9/2016 Wealthy politicians and businesspeople suspected of corruption in their native lands are fleeing to a safe […]

National:

Suspected of Corruption at Home, Powerful Foreigners Find Refuge in U.S.
Miami Herald – Kyra Gurney, Analji Tsui, David Iaconangelo, and Selena Cheng | Published: 12/9/2016

Wealthy politicians and businesspeople suspected of corruption in their native lands are fleeing to a safe haven where their wealth and influence shield them from arrest. They have entered this country on a variety of visas, including one designed to encourage investment. Some have applied for asylum, which is intended to protect people fleeing oppression and political persecution. The increasingly popular destination for people avoiding criminal charges is no pariah nation. It is the United States.

The Future of Campaign Finance Reform Is at The State and Local Level
Huffington Post – Paul Blumenthal | Published: 12/20/2016

Portland’s passage of an ordinance establishing public funding for campaigns came on the heels of similar victories in South Dakota and Missouri, as well as in Berkeley, California, and Howard County, Maryland. These successes showcase the broad bipartisan support across the country for campaign finance reform that boosts the power of small donors to counter the dominance of big money. These wins, while big in their own right, were supposed to be overshadowed by changes at the U.S. Supreme Court level. Donald Trump is likely to appoint someone whose thought process lines up with that of late Justice Antonin Scalia, meaning the five-vote majority that wrote Citizens United would maintain its power and campaign finance laws would continue to fall. So reformers rest their hopes where they can: at the state and local levels.

Federal:

Access to Donald Trump, for $500,000: Pitfalls for Presidents’ Families
New York Times – Eric Lipton | Published: 12/20/2016

The initial invitation from Donald Trump Jr. and Eric Trump dangled a rare opportunity for donors willing to give $500,000 and more: a private reception with the new president the day after his inauguration and a hunting or fishing excursion with one of the brothers. But after the details about the “camouflage & cufflinks”-themed fundraiser first leaked, a spokesperson for President-elect Donald Trump said neither he nor his adult sons were involved in plans for the event. The confusion over the family’s connection to the fundraiser showed the degree to which Trump has failed to set rules that would protect his family from allegations of influence-peddling or draw clear lines between himself and the interests of his children, who will take over management of his business empire, watchdog groups said.

Donald Trump Is Holding a Government Casting Call. He’s Seeking ‘The Look.’
Washington Post – Philip Rucker and Karen Tumulty | Published: 12/21/2016

The parade of potential job-seekers passing the media cameras at Trump Tower has the feel of a casting call. It is no coincidence that a disproportionate share of the names most mentioned for jobs at the upper echelon of the new administration are familiar faces to viewers of cable news. Given Donald Trump’s own background as a master brander who ran beauty pageants as a sideline, it was probably inevitable he would be looking beyond their résumés for a certain aesthetic in his supporting players. “You can come with somebody who is very much qualified for the job, but if they don’t look the part, they’re not going anywhere,” said a person familiar with the transition team’s deliberations.

Former Philadelphia Congressman Chaka Fattah Sentenced to 10 Years in Prison
Philadelphia Inquirer – Jeremy Roebuck | Published: 12/13/2016

Former U.S. Rep. Chaka Fattah, who was convicted in June of more than 20 counts corruption, was sentenced to 10 years in prison. Fattah repeatedly bribed others and stole campaign contributions, charitable donations, and federal grant money, prosecutors said. He will pay $614,000 in damages and will be supervised for three years after his release. Fattah’s son is serving a five-year prison sentence for defrauding Philadelphia banks and the IRS to cover gambling debts and other personal expenses.

From the States and Municipalities:

Alaska
New Alaska House Leaders Embrace Loophole to raise Campaign Cash from Lobbyists
Alaska Dispatch News – Nathaniel Herz | Published: 12/18/2016

Republican leaders of Alaska’s incoming House majority coalition are embracing a fundraising loophole that allows them to collect money from lobbyists, who are otherwise restricted from donating to legislators and candidates. House Democrats, who joined with the Republicans to form the majority coalition, have been some of the most vocal supporters of legislation to limit the flow of special-interest money into the state’s campaigns. But they are now collaborating with the fundraising efforts of their new GOP colleagues, Reps. Gabrielle LeDoux and Paul Seaton.

Colorado
Denver Officials Move Closer to Listing Their Gifts Online and Tightening Ethics Rules
Denver Post – Jon Murray | Published: 12/20/2016

Denver is moving closer to adopting ethics code reforms and revamping lobbyist and gift disclosure rules that will make it easier for citizens to see who is wooing officials with meals and tickets. Besides discussing a new dollar limit on event tickets from each donor with a city interest, the most significant proposed changes also may be the simplest: make elected and appointed officials’ gift disclosures available online, and do it more often, every six months instead of annually.

Louisiana
Lobbyists Spent Nearly Half a Million Dollars to Woo Louisiana Legislators in 2016
New Orleans Advocate – Elizabeth Crisp | Published: 12/18/2016

Nearly $500,000 has been spent entertaining state legislators this year, roughly $3,300 in lobbyist spending per lawmaker, as the Louisiana Legislature spent a record-setting 19 weeks in session sorting through the state’s fiscal woes. A review of disclosure data shows the $476,019.20 tab that lobbyists have run up in 2016 far outpaced the amount spent in any of the eight years since the state began requiring more detailed expenditure reporting. At least 593 registered lobbyists pushed for or against legislation as it made its way through the Capitol this year. “Every interest pretty much has a lobbyist in Baton Rouge,” said Pearson Cross, a political science professor at the University of Louisiana at Lafayette.

Massachusetts
Appeals Court Overturns Convictions in Probation Department Scandal
Boston Globe – Milton Valencia | Published: 12/19/2016

A U.S. appeals court judge overturned the convictions of three former Massachusetts Probation Department officials accused of running a rigged hiring scheme. Probation Commissioner John O’Brien and his deputies, Elizabeth Tavares and William Burke, were convicted in July 2014. Prosecutors said they hired employees based on political connections, not merit, then lied when they certified the hires were done correctly. Judge Juan Torruella in his ruling said O’Brien and others misran the department and made efforts to conceal the patronage hiring system. “But not all unappealing conduct is criminal,” Torruella wrote. He said the government did not adequately prove O’Brien accepted a gratuity since there was not sufficient linkage between O’Brien’s offering favored candidates a job and him getting a specific item of value in return.

New Jersey
Lawmakers’ Revolt Sinks Book Deal, Newspaper Bill
Bergen Record – Salvador Rizzo | Published: 12/19/2016

A book deal for New Jersey Gov. Chris Christie will have to wait. State lawmakers said they would not vote on a measure changing an ethics law that barred Christie from cashing in on a book deal while in office, at the same time giving millions of dollars in pay raises to lawmakers’ staff, judges, and other officials. The measure had buy-in from leaders in the Democrat-led Legislature and was on a fast track to the governor’s desk at the same time as a measure viewed by some as a vendetta by Christie against the state’s newspapers. But rank-and-file members all but revolted in closed-door meetings when faced with the book-deal legislation, and Assembly Speaker Vincent Prieto said a separate bill that would end the requirement that government legal notices be published in newspapers will be postponed until next year.

New York
De Blasio Is Fined $48,000 for Campaign Finance Violations
New York Times – J. David Goodman | Published: 12/15/2016

New York City Mayor Bill de Blasio has been fined almost $48,000 for violating spending rules during his 2013 mayoral campaign. The city council also passed a bill to limit the activities of outside nonprofit political groups, a measure aimed squarely at the Campaign for One New York, a nonprofit political group created by de Blasio and his aides that is at the center of state and federal inquiries into his fundraising.

New York
N.Y. Pay-to-Play Plot Fueled by Bribes, U.S. Says
Bloomberg.com – Bob Van Voris and Chris Dolmetsch | Published: 12/21/2016

A former official at the country’s third-largest pension fund and two broker-dealers were charged in what a federal prosecutor described as a classic bribery scheme. Navnoor King, the former head of the New York State Common Retirement Fund’s fixed income trades, received more than $100,000 worth of bribes from broker-dealers Deborah Kelley and Gregg Sconhorn, prosecutors said. Regulators found Kang steered about $2 billion in fixed-income trades to firms represented by Kelley and Schonhorn, resulting in millions of dollars in commissions. Prosecutors said in exchange, Kang received a $10,000 all-expenses-paid trip to Montreal, tickets to a Paul McCartney concert, a $17,420 Panerai wristwatch, dinners at upscale restaurants, prostitutes, and cocaine.

North Carolina
North Carolina Governor Signs Bill Limiting His Successor’s Power
Governing – Pat Jarvis (Raleigh News & Observer) | Published: 12/19/2016

North Carolina Gov. Pat McCrory signed bills that will limit the authority of his successors and reduce Democrats’ power over election regulation in the wake of two contentious special sessions. Senate Bill 4 would create a commission merging the current State Board of Elections, State Ethics Commission, and the lobbying-regulation functions of the secretary of state’s office. Protesters disrupted a House debate about the changes to election law, chanting and prompting House Speaker Tim Moore to order police to clear the public gallery.

South Carolina
Rep. Jim Merrill Indicted in S.C. Statehouse Probe; Suspended from Office
Charleston Post & Courier – Schuyler Kropf and Glenn Smith | Published: 12/15/2016

South Carolina Rep. Jim Merrill was indicted on 30 charges that accuse him of misconduct in office as far back as 2002 as well as a series of ethics violations. The indictment says Merrill illegally used his office to pocket at least $1.3 million, either directly or through his business, Geechie Communications. He also failed to disclose receiving payments of more $673,000 from trade, advocacy, and political groups in violation of state ethics law, according to the indictment. Crangle, head of South Carolina Common Cause, said he suspects as many as three or four more people are facing indictments.

South Carolina
Smarter Corruption: How Lost Trust evolved into ‘Capitol Gains’
Charleston Post & Courier – Tony Bartelme and Doug Pardue | Published: 12/17/2016

“Operation Lost Trust” in 1990 ended much of the overt vote selling that went on at the South Carolina Legislature. But the recent indictment of a powerful state lawmaker showed, prosecutors believe other forms of graft and influence-peddling have taken its place, schemes that are more difficult to pierce. Where cash once was transferred in brown bags and envelopes, prosecutors now say money moves through a murky system of legislative caucuses, PACs, campaign accounts, and private businesses – and enormous sums are at stake.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Monday’s Government Relations and Ethics News

News You Can Use Digest – February 17, 2017

Thursday’s Government Relations and Ethics News

Wednesday’s Government Relations and Ethics News

Tuesday’s Government Relations and Ethics News

Monday’s Government Relations and Ethics News

Thursday’s Government Relations and Ethics News

Tuesday’s Government Relations and Ethics News

News You Can Use Digest – February 3, 2017

Wednesday Government Relations News Roundup

News You Can Use Digest – December 30, 2016

Wednesday Government Relations News

Tuesday News Roundup

News You Can Use Digest – December 23, 2016

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