January 20, 2011 •
Indiana Commission Removes Executive Director and General Counsel
Placed On Leave
According to a report in the Indiana Business Journal, Sarah Nagy, Executive Director and General Counsel for the Indiana Lobby Registration Commission has been placed on paid administrative leave. She received notice of the leave by e-mail the day before the state’s legislative lobbying registration renewals became due.
Ms. Nagy, who has held both jobs for 14 years, said she does not understand why she was put on leave.
January 19, 2011 •
Texas Bills Look to Slow Legislator-to-Lobbyist Transition
If passed, a violation would be a class A misdemeanor.
Companion bills seeking to create “revolving door” restrictions for members of the Texas legislature have been introduced during the 2011 session. Senate Bill 128 and House Bill 508 seek to prevent former members of the legislature from lobbying “before the date of final adjournment of the second regular session of the legislature to convene after the date the person ceases to be a member.”
If passed as presently written, a violation would be considered a class A misdemeanor in Texas.
Image of the Texas flag and state courtesy of Shem on Wikipedia.
January 17, 2011 •
First Item of 2010 Campaign Finance Reform Measure Now Law in Quebec
Quebec Turns Calendar to 2011 to Roll Out Recent Campaign Finance Reform
The first of numerous recent changes to Quebec’s campaign finance law has gone into effect with the turn of the calendar into 2011. Touted as the first major reform in financing Quebec’s political parties since 1977, Assembly Bill 113 effectively lowered the contribution limit a voter may contribute to a party or candidate from $3,000 to $1,000 effective on January 1, 2011. Additional changes are set to take effect on May 1, 2011.
Included in these changes is a requirement for all contributions to first pass through the province’s Chief Electoral Officer, who will then distribute the contribution as directed. Further, in an effort to prevent companies from making contributions in the names of employees, all persons making a contribution will now be required to declare the contribution is made out of the person’s own property and voluntarily.
Finally, additional penalties have been created, including a prohibition for three years on the ability of any natural or legal person convicted of a campaign finance offense to acquire a public contract.
Photo of Québec City by Martin St-Amant on Wikipedia.
January 14, 2011 •
Highlighted Site of the Week – Senate Chamber Desks
A place to learn about the history and preservation of a beautiful Senate Chamber tradition.
One of the pages of the U.S. Senate Web site lets you have a seat at the Senate Chamber desks. Rich with artistry and history, the Senate Chamber Desks site is smart a virtual tour.
Following the “Burning of Washington” in the War of 1812, in which the U.S. Capitol Building was partially damaged, there was a re-building of the Capitol. The new Senate Chamber needed to be refurnished, so in 1818 Vice President Daniel Tompkins hired cabinet-maker Thomas Constantine to construct 48 mahogany desks and armchairs:
“The Senate purchased 48 mahogany desks for its chamber in 1819, adding desks as new states joined the Union. To date, more than 1,600 senators have occupied these historic desks.”
The desks have been altered over the years to meet the senators’ needs. Writing boxes were added to the top of the desks. Microphones and speakers underneath were added in the 1990s to assist senators in hearing the floor proceedings.
On the Senate Chamber Desks Web site, you can find out about how the desks are numbered, and how the seating arrangement is decided with the beginning of each new Congress.
The history you will find here is priceless: There is the time during the Civil War that Isaac Bassett (who worked in the Senate Chamber) had to stop Federal soldiers from chopping Jefferson Davis’ desk to bits for being a traitor. Did you know that many senators have been carving their names in the desk drawers since the early 1900s? One inscription in the desk of South Carolina Senator Strom Thurmond noted that he “spoke 24 hrs. 18 mins. from this desk in 1957,” commemorating his record-breaking filibuster against the Civil Rights Act.
There is also the fun and famous “Candy Desk,” a tradition started in 1965 by Senator George Murphy of California as a service to his fellow senators. According to the site, the tradition has carried on: “In every Congress since that time a candy desk has been located in the back row of the Republican side, on the aisle and adjacent to the Chamber’s most heavily used entrance.”
Enjoy this look into the Senate Chamber! And with that I bid you good day.
The photos used here are courtesy of the U.S. Senate Web site.
January 11, 2011 •
Houston City Council to Vote on Ethics Ordinance
Changes Could Be Coming for Lobbyist Registration Rules
The Houston City Council is expected to consider a new ethics ordinance this week wherein attorneys would no longer be able to lobby city officials under the guise of performing legal work. The ordinance would require all persons lobbying to register as lobbyists or face criminal penalties.
Further, changes would also be made prohibiting city officials from accepting or soliciting gifts from parties seeking to do business with the city.
Photo of Houston City Hall by Daniel2986 on Wikipedia.
January 7, 2011 •
Highlighted Site of the Week – Oath of Office for the 112th Congress
The 112th Congress convened on Wednesday, January 5th. With its arrival came the swearing in of each member of the U.S. House and Senate.
There is a great deal of discussion surrounding what this new Congress will bring. There has also been some attention surrounding the oath of office, with two House Members apparently voting without having attended the official swearing-in. Here is a nice piece by Politico describing the situation.
The United States Senate Web site offers a great history of the oath of office. On the Web site of the Office of the Clerk of the United States House of Representatives, there is also a description of the oath for House Members. For those who need a refresher, you will find a nice primer on the U.S. Senate Web site called, “What Happens When a New Congress Begins.”
Article 6 of the U.S. Constitution states that “members of Congress shall be bound by an oath to support the Constitution.” But it does not offer a text for such an oath. From the first congress in 1789, the oath that was used was short and simple: “I do solemnly swear (or affirm) that I will support the Constitution of the United States.”
For many years, this oath was deemed sufficient. But the oath we are accustomed to hearing is much longer and goes as follows:
“I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
The Senate Web site describes the reason for the change that occurred over 70 years after that first congress:
“In April of 1861, a time of uncertain and shifting loyalties, President Abraham Lincoln ordered all federal civilian employees within the executive branch to take an expanded oath. When Congress convened for a brief emergency session in July, members echoed the president’s action by enacting legislation requiring employees to take the expanded oath in support of the Union. This oath is the earliest direct predecessor of the modern oath.”
In honor of the 112th Congress, here is a link to C-Span’s coverage of the 112th Congress. Have a wonderful weekend!
Photo of Vice President Richard Nixon administering the oath of office to Senator Gale McGee in 1959, and the United States Senate in session in their new chamber (1859) courtesy of the U.S. Senate Web site.
January 3, 2011 •
Akron Children’s Hospital 108th Charity Ball
State and Federal Communications Intern Attends Event Raising Money for Local Hospital
Alexandra Constantinou, who worked as an intern with Jim Sedor on our News You Can Use™ publication, attended the 108th Charity Ball for Akron Children’s Hospital. The event took place on December 28th, with the festivities including the presentation of 35 debutantes. The aim of the ball was to raise $100,000 for the hospital.
Alexandra interned at State and Federal Communications during the summer of 2009 and is currently studying in the Honors College at The Ohio State University.
Here is an Akron Beacon Journal article featuring the event.
Photo of Alexandra Constantinou and her family.
December 30, 2010 •
Highlighted Site of the Week – Happy New Year! from USA.gov
What’s Your New Year’s Resolution?
Each year, many Americans decide to break free of the past and start anew by striving toward promising goals – New Year’s resolutions. USA.gov has listed the most popular New Year’s resolutions chosen year after year by people around the nation. From getting fit to managing debt, smoking less to finding a better job, the site not only lists popular resolutions, but also serves as a resource to a plethora of information assisting in achieving these resolution goals.
Each resolution bullet point is also a hyperlink to another site serving to educate Americans about their new, challenging goals. For example, by clicking on the “Getting Fit” link, USA.gov transfers to fitness.gov, the President’s Council on Fitness, Sports & Nutrition. There are news highlights, videos, photos, research links, and even grants available. The “Managing Debt” link transfers to ftc.gov, the Federal Trade Commission, which explains how to self-help yourself out of “knee deep” debt. The site expands upon business information, consumer information, creditors, debt collectors, loans, and counseling.
Regardless of what resolutions are popular each year, what matters is choosing the ideal resolution for you. With each New Year comes a chance to grow personally and professionally and to see yourself as an empowered individual from Day 1 – literally. On govloop.com, government innovators from all levels can list their New Year’s resolutions online and view their peers’ resolutions. From a professional point of view, this blog might help spark some innovative resolution ideas for your New Year. In any case, whether you are a resolution revolutionary or have never had or believed in New Year’s resolutions, use January 1, 2011 as Day 1 of something new, innovative, and empowering for you.
December 29, 2010 •
See Us in Person in 2011
Upcoming events in the New Year …
As we looked into the new year, we noticed we have a busy schedule in the next few months! Here is a list of the future events where State and Federal Communications will be attending and/or speaking regarding compliance issues. If you are attending any of these conferences, please come and say hello. We would love to see you!
January 9-13, 2011 PAC Public Affairs Institute, Laguna Beach, California
January 13, 2011 WASRG Welcome Reception, Washington, D.C.
January 25-28, 2011 PAC Grassroots Conference, Key West, Florida
February 1-2, 2011 Governing Outlook in the States, Washington, D.C.
February 8-10, 2011 Innovate to Motivate, San Antonio, Texas
February 22-25, 2011 PAC PAC Conference, Miami, Florida
March 30-April 1, 2011 SGAC Annual Meeting, Austin, Texas
April 3-5, 2011 NASPO, Boston, Massachusetts
December 22, 2010 •
Broward County Commission Extends Ethics Rules to County Employees
The Broward County Commission has passed a new ethics law aimed at instituting a new standard of ethical behavior on all county employees.
The new ethics code is an extension of previous code which had been passed during the summer of 2010 to institute such a standard on the county commissioners. Following a training session scheduled for spring of 2011, all county employees who receive perishable gifts will be required to place them in an area where other employees and the public will be free to enjoy them, while non-perishable gifts will have to be turned over to the administration to be put to the public use.
Further, employees will not be permitted to accept personal gifts outside the office which could be perceived as being intended to influence their decisions as an employee of Broward County.
December 20, 2010 •
At the Intersection of Social Media and Campaign Finance
Two jurisdictions grapple with the regulation of campaign finance in social media.
Just as the use of social media has exploded with the average person in everyday interaction, so it goes with the use the of social media in political campaigns. And just as political ads have prompted regulations in traditional media – in print, radio, and television – ethics oversight agencies in the states are now facing the need to regulate political ads in social media.
In essence, we have a 1970s post-Watergate system of political ads regulation facing a completely new set of challenges with today’s political activity on the internet. How do you get all parties to agree on meanings and terms for features in electronic ads when there is no industry standard? How do you identify the source of funding for a Google or Facebook ad? How would you fit a disclosure statement into a tweet when you are limited to 140 characters? Some have said regulation of political ads in social media constitutes a restriction of the exercise of freedom of speech. Others have argued that endorsements by influential bloggers should be considered as in-kind contributions.
Two states to watch are Maryland and California. The Maryland State Board of Elections and California’s Fair Political Practices Commission (FPPC) have established rules for proper use of social media by political campaigns, PACs, and private individuals. At the Council on Government Ethics Laws 2010 conference in Washington, D.C., I had the privilege of meeting Jared DeMarinis, Maryland’s Director for the Maryland Board of Elections Division of Candidacy and Campaign Finance, and Roman Porter, Executive Director of the FPPC. It was a COGEL breakfast group discussion with them that prompted me to offer these resources in this post.
Here is the link for Maryland’s Summary Guide to Candidacy and Campaign Finance Laws. Chapter 12, section 6 deals with electronic media. Maryland’s answer to the issue of disclosure within the limited space of a social network appears to be requiring a hyperlink to a landing page that would host the disclosure information. Government Technology has a nice article from August 3, 2010 called, “Maryland Social Media Campaign Rules Take Effect,” which describes the new regulations.
California’s FPPC offers a report from the Subcommittee on Internet Political Activity called “Internet Political Activity and the Political Reform Act,” dated August 11, 2010. Here is a memorandum describing amendments, from October 2010. They also offer a helpful online FAQ page called “Electronic Media: Paid Political Advertisements.” These resources have a great deal of guidance regarding disclosure in social media political ads, what triggers the need for disclosure, and how disclosure is to be done in social media.
Perhaps the work of these two agencies will be the template for other jurisdictions! We will be watching…
Web 2.0 tag cloud graphic by Markus Angermeier on Wikipedia. Seal of California by Zscout370 on Wikipedia.
December 17, 2010 •
Highlighted Site of the Week: Two Rival Christmas Trees
The National Christmas Tree and the Capitol Christmas Tree 2010
In honor of the holidays, we highlight two Web sites featuring two national holiday traditions. One is a Christmas tree tradition associated with the White House, and the other a Christmas tree associated with the United States Capitol.
The National Christmas Tree event at the White House and its Web site are both hosted by the National Park Foundation. This has been a tradition with the White House since Calvin Coolidge was President:
According to the site: “In 1923, President Calvin Coolidge walked from the White House to the Ellipse to light a 48-foot fir tree decorated with 2,500 electric bulbs in red, white and green, as a local choir and a “quartet” from the U.S. Marine Band performed. 86 years later, this American holiday tradition continues to bring citizens together to share in a message of hope and peace.”
That first tree was donated by the President of Middlebury College in Vermont. You can find much more about the tradition of the tree lighting since that first ceremony. On the National Christmas Tree site you can visit Santa, get safety tips, decorate your own virtual tree, and see a timeline of National Christmas tree pictures from the 1920s forward. This year, the National Tree lighting ceremony was on December 9 and featured performers such as B.B. King, Sarah Bareilles, and Maroon 5.
The National Park Foundation has not neglected our beloved social media – they have a Twitter account, a Facebook page, a picture-rich Flickr account, and a YouTube account where you can visit Santa’s Workshop at the Ellipse in Washington, D.C.:
On the rival Web site, you can see that this year’s Capitol Christmas Tree came all the way from Bridger-Teton National Forest in Wyoming! The tree has a celebrated travel route, including scheduled stops. Kids could track the progress of the tree via a Google map. The Capitol Christmas Tree has an official song, “The Cowboy Chrismtas Tree Song,” which can be downloaded for your mp3 player.
This year the tree lighting at the U.S. Capitol was on December 7. According to the Architect of the Capitol Web site, this tradition began in 1964 1964, at the request of Speaker of the House John W. McCormack. The Architect of the Capitol Web site has a list of trees used for the displays over the years.
A great deal of hard work and loving-care went into decorating the tree: “The people of Wyoming will make the 5,000 ornaments used to decorate the tree. The ornaments will be 9 to 12 inches tall and must be made to withstand 3 weeks of harsh winter weather.”
Photo of the National Christmas Tree at the White House courtesy of Chris Greenberg on Wikipedia, the photo of the Capitol Christmas Tree by the Office of Senator Patrick Leahy on Wikipedia, and the Santa video courtesy of the National Park Foundation hosted on YouTube.
December 13, 2010 •
Timely Campaign Finance News from Georgia
Georgia State Ethics Commission Increases Contribution Limits
The State Ethics Commission has approved an increase in contribution limits for both statewide and other offices. The contribution limit for a statewide office during each primary and general election has been increased from $6,100 to $6,300, while the limit for a runoff election for the primary or general election has increased from $3,600 to $3,700.
Additionally, contribution limits for all other offices during each primary and general election have increased from $2,400 to $2,500, and from $1,200 to $1,300 for a runoff election resulting from the primary or general election.
December 10, 2010 •
Highlighted Site of the Week – Senator Byrd’s History of Lobbyists
A Rich History of the Lobbying Profession
In the 1980s, Senate Majority Leader Robert Byrd (who passed away last June) offered over 100 addresses about the history of the U.S. Senate. In honor of the Senate’s bicentennial, the speeches were gathered and edited into four volumes called The Senate: 1789–1989: Addresses on the History of the Senate.
Among those essays, there is a landmark work regarding the history of lobbyists and lobbying. The Senate’s Web site hosts the text of the speech at Senate.gov.
Senator Byrd’s speech whipsaws between praise and suspicion of lobbying and perhaps typifies America’s ambivalence toward the profession. He begins his speech with a quote from an 1869 newspaper article, which conjured the image of lobbying as a “dazzling reptile … a scaly serpent of the lobby…” Yet Byrd also acknowledges the necessary service they provide: “It should be clear from my remarks that Congress has always had, and always will have, lobbyists and lobbying. We could not adequately consider our work load without them.”
According to Senator Byrd, lobbying has been employed from the first days of Congress. “During the First Congress, Pennsylvania Senator William Maclay wrote in his diary that New York merchants employed ‘treats, dinners, attentions’ to delay passage of a tariff bill,” said Byrd.
Byrd’s speech is rich with history, describing efforts of groups such as the Bank of the United States in the 1790s, Samuel Colt in the 1850s, and the famous “King of the Lobby” Sam Ward during the Gilded Age of the late 19th century.
While Byrd did stress the need for government to be vigilant against the abuse of the democratic system by special interests, it would be wrong to think the senator was not sympathetic to the work of lobbyists, or appreciative. He ended his speech with the following:
“They spend many hours and considerable shoe leather trying to convince 535 members of Congress of the wisdom or folly of certain legislation. They face vigorous competition. They still bear the brunt of press criticism and take the blame for the sins of a small minority of their numbers. But they have a job to do, and most of them do it very well indeed. It is hard to imagine Congress without them.”
For his many efforts to promote the history of the United States Senate, Senator Byrd received the American Historical Association‘s first Theodore Roosevelt-Woodrow Wilson Award for Civil Service and the Friend of History Award from the Organization of American Historians.
For all of you arm-chair American historians, this Highlighted Site of the Week should make you smile. Give it a read!
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.