The Ohio Joint Legislative Ethics Committee has released Advisory Opinion 2012-001, which prohibits members and employees of the Ohio General Assembly from using their office or employment status in order to promote a registered lobbyist. In its first advisory opinion to be released since 2009, the Committee pointed to Ohio Revised Code section 102.03(D), which prohibits a public official or employee from using his or her status acquired by such position in order to secure anything of value.

The Committee opined that the use of the member or employee in his or her official capacity as Senator, Representative, or legislative staffer in an advertisement or other promotional item would result in a value to the lobbyist, thus resulting in the prohibition. Additionally, the Committee cautioned against allowing such a promotion in merely a personal capacity in order to avoid the appearance of impropriety despite no specific prohibition existing.

The opinion, which was requested by an Ohio registered lobbyist, was deemed necessary after things such as requests for quotes on websites or letters of recommendation to be sent to potential clients had been made of members and employees of the Ohio General Assembly by registered lobbyists.

Voters in three Broward County cities will be asked to undo part of the recently enacted countywide code of ethics. Residents of Wilton Manors, Hillsboro Beach, and Sea Ranch Lakes will all vote during the January 31, 2012 election as to whether local elected officials should be subjected to state law on issues relating to their side jobs instead of the new county code of ethics.

The effort to pass the referendum has been spearheaded in large part by Wilton Manors Mayor Gary Resnick. Resnick, a telecommunications attorney who lobbies in other cities in Broward County, fears he will be unable to run for another term in office after his current term is complete due to the ban on elected officials also being employed as lobbyists or engaging in lobbying activities in Broward County.

The code of ethics became effective countywide on January 2, 2012.

The Washington House of Representatives has introduced house bill 2402, which will transfer ethics enforcement responsibility.

This bill merges the legislative branch ethics commission and the executive branch ethics commission into the public disclosure commission.

Photo of the interior of the Washington State Capitol Building by Cacophony on Wikipedia.

Sebastian N. Giuliano, the former mayor of Middletown, Connecticut, has been chosen by the State Elections Enforcement Commission to serve as the agency’s executive director and general counsel.

The selection was announced Thursday night by commission chairman Stephen F. Cashman, but will not be formally approved until the commission’s January 18, 2012 meeting.

Giuliano was selected for the position from a field of 35 candidates. He is due to assume the duties of the position January 20, 2012.

Electronic filing for lobbyist reports will be available beginning with the report due February 15, 2012 covering the month of January 2012.

You can read the press release from the Office of the Secretary of State here.

The Charter Review Commission for the city of Stamford, Connecticut is considering whether changes should be made in order to mandate a city ethics code. Local officials are considering whether to institute a requirement for an ethics code into the city charter, revised only once every ten years, or by ordinance.

If an ethics code is mandated into the city charter, some commission members worry repealing or altering it could become a burdensome task due to the required approval by Stamford residents through voter referendum. In contrast, an ordinance requiring a code of ethics could be changed as necessary by Stamford officials.

The Commission will be holding several meetings to allow public comments concerning the situation prior to making any decision.

The Washington House of Representatives, Committee on State Government and Tribal Affairs, has scheduled a public hearing for January 11, 2012 and a possible executive session for January 12, 2012 to discuss House Bill 1474 which would make electronic filing of lobbying reports mandatory.

It would also create new fees associated with electronic filings by lobbyists, lobbyist employers, and PACs.

If passed by both chambers and signed by the governor, changes will be effective July 1, 2012.

Photo of the Washington House of Representatives Chamber by Cacophony on Wikipedia.

The Illinois Secretary of State has announced that the lobbyist affirmation statement for the period of July 1 to December 31, 2011 has been modified.

The lobbyist affirmation is now due on February 4, 2012.

HENDERSON, NEVADA: The Henderson City Council has passed lobbyist and revolving door regulations. Lobbyists must now file a disclosure form after each communication with a city official or employee.

Additionally, elected officials and employees must wait one year after leaving office or employment before they can lobby on behalf of a private person or business.

The new provisions go into effect on Friday January 6, 2012.

Alabama Attorney General Luther Strange has appealed the judge’s ruling in Alabama Democratic Conference v. Strange, the case overturning a portion of the state ban on the transfer of funds from one PAC to another.

While the appeal is pending, the attorney general is prohibited from enforcing the PAC-to-PAC transfer law against the Alabama Democratic Conference.

Lobbyists wishing to lobby in any of Palm Beach County, Florida’s 38 cities will soon be subject to a countywide lobbyist registry, as approved by the Palm Beach County Board of County Commissioners at their most recent meeting.

Lobbyists will be required to pay $25 to register the names of their clients, while also being required to submit annual expense reports. There will also be limits on gifts from lobbyists.

A city may opt out of the countywide registry, but then must create its own registry.

Photo of Palm Beach by Michael Kagdis on Wikipedia.

Nevada Secretary of State Ross Miller has announced that the enhanced online system for campaign finance filings is now up and running.

All parties filing contributions and expense reports as well as financial disclosure statements are now required to report electronically as was mandated by Assembly Bill 452.

The city of Pembroke Pines, Florida passed a lobbyist registration ordinance at the most recent city commission meeting. The ordinance requires lobbyists to register with the city clerk prior to engaging in lobbying activities.

Registration will be required annually and lobbyists must pay a registration fee of $50. Lobbyists will also be required to complete a contact log to document meetings with members of the city commission or members of other decision-making bodies under the jurisdiction of the city commission.

The ordinance was passed in response to Broward County’s new code of ethics, which extends the county’s code of ethics to all municipalities within the county. Lobbyists will be required to begin registering on January 2, 2012.

Map of Florida by Bastique on Wikipedia.

The U.S. Court of Appeals for the 9th Circuit has invalidated a Washington state law that prevented individuals from making contributions of more than $5,000 to PACs supporting ballot measures during the three weeks prior to an election.

The blackout period on contributions was challenged in a lawsuit filed by Family PAC, a political action committee that was formed to oppose Washington’s domestic partnership law.

While Family PAC was successful on the merits in challenging the blackout period, it was unsuccessful in its challenge to laws requiring PACs to report the name and address of anyone who contributes more than $25, and the occupation and employer of those who make contributions in excess of $100.