On January 28, President Donald J. Trump signed an Executive Order mandating ethic commitments for executive branch appointees. Appointees are prohibited from accepting gifts, with limited exceptions, from registered lobbyists and lobbying organizations for the duration of their service as appointees.

Appointees are also prohibited from lobbying the agency they were appointed to serve for five years after leaving office. They are also prohibited from engaging on behalf of any foreign government or foreign political party if it would require them to register under the Foreign Agents Registration Act. Additionally, registered lobbyists appointed to an executive agency cannot participate in matters in which they lobbied for two years after the date of their appointment.

This new Executive Order supersedes and revokes a similar Executive Order signed by former President Barack Obama in 2009.

Campaign Finance

Texas: “Under New Reality, Austin Council Members Can Raise Funds Year-Round” by Nolan Hicks for Austin American-Statesman

Ethics

“Report Cites Growing Corruption, Sees Link with Rising Populism” by Andrea Shalal for Reuters

“Felony Charges for Journalists Arrested at Inauguration Protests Raise Fears for Press Freedom” by Jonah Engel Bromwich for New York Times

“At Trump’s Mar-a-Lago, the Price for Joining the ‘Winter White House’ Has Doubled” by Drew Harwell for Washington Post

Kentucky: “Consultant Admits to Longmeyer Bribery Scheme” by Tom Loftus for Louisville Courier-Journal

West Virginia: “Armstead to Address Ethics Request After Session” by Phil Kabler for Charleston Gazette

Legislative Issues

“Trump’s Flashy Executive Actions Could Run Aground” by Isaac Arnsdorf, Josh Dawsey, and Seung Min Kim for Politico

A special election has been set for May 6, 2017, to fill the vacant seat for the Mayor of Corpus Christi, Texas.

Dan McQueen, former mayor, resigned on January 18 after just 37 days in office. His resignation came after being the subject of intense media scrutiny for criticizing city council and local media members on social media.

During such time, it was revealed that McQueen, who had no previous experience with public office, hired his live-in girlfriend as his chief of staff without disclosure to the city manager in direct conflict with the city’s policies.

Since McQueen’s resignation seven candidates have entered the mayoral race, including the City’s current Ethics Commissioner, Larry White.

See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!

National:

Angry Democrats Study the Tea Party’s Playbook
New York Times – Jonathan Martin | Published: 1/23/2017

Eight years after Republicans united after a stinging electoral defeat to oppose President Barack Obama, Democrats are channeling an even deeper anxiety over President Trump into a newfound burst of organizing. Party leaders, eyeing the recent huge protests and growing worries over the promised repeal of the Affordable Care Act, are hoping to recreate the mass movement that sprang up in 2009 and swept Republicans to power in the House and in governor’s races across the country – a tea party equivalent from the left.

Report Cites Growing Corruption, Sees Link with Rising Populism
Reuters – Andrea Shalal | Published: 1/25/2017

Those who turn to populist politicians that promise to upset the status quo and end corruption may only be feeding the problem, a watchdog group warned. Transparency International said in its annual Corruption Perceptions Index for 2016 that in countries with populist or autocratic leaders, “instead of tackling crony capitalism, those leaders usually install even worse forms of corrupt systems.”

Federal:

At Trump’s Mar-a-Lago, the Price for Joining the ‘Winter White House’ Has Doubled
Washington Post – Drew Harwell | Published: 1/25/2017

Mar-a-Lago, the Palm Beach resort owned by the Trump Organization, doubled its new-member fee to $200,000 following the election of Donald Trump as president. Mar-a-Lago has assumed a prized role in Trump’spresidency, rivaling Trump Tower as a focal point of his lifestyle and ambitions. The price jump was slammed by watchdogs, who have criticized Trump’ lack of separation between his private finances and public power. Asked if having Trump in the White House has meant greater interest in outsiders joining the club –  including people who might want access to the president – Bernd Lembcke, the managing director of the club, said, “t enhances it.”

Companies Drafting Emergency Plans for Trump Tweets
The Hill – Megan Wilson and Melanie Zanona | Published: 1/19/2017

President Donald Trump has used social media to criticize American businesses, often for off-shoring jobs or manufacturing facilities, and many expect him to keep up the broadsides in the Oval Office. Being attacked by Trump is not only bad publicity but also it can also cause a sudden drop in a company’s stock price. Businesses that have yet to tangle with Trump are fearful they might be next, and have turned to consultants and lobbyists in Washington, D.C. to prepare for the possibility.

Lawmakers Admonish Ethics Official Over Tweets About Trump
Business Insider – Matthew Daley (Associated Press) | Published: 1/23/2017

Lawmakers from both parties admonished a federal ethics official who sent a series of tweets commenting on President Donald Trump’s potential conflicts-of-interest. Members of the House Oversight and Government Reform Committee said the tweets by Walter Shaub Jr., director of the Office of Government Ethics (OGE), were inappropriate and could compromise the agency’s objectivity. Committee Chairperson Jason Chaffetz called Shaub’s comments “highly unethical” and summoned him to a closed-door meeting. Chaffetz and committee Democrats also met with Shaub for more than an hour, an unusual meeting prompted by Republicans’ frustration with the ethics office and its operations, rather than Trump.

Liberal Watchdog Group Sues Trump, Alleging He Violated Constitutional Ban
Washington Post – David Fahrenthold and Jonathan O’Connell | Published: 1/23/2017

To fight what it called a “grave threat” to the country, a watchdog group filed a lawsuit alleging President Donald Trump is violating the Constitution by allowing his business to accept payments from foreign governments. The lawsuit claims Trump is violating a clause in the Constitution that prohibits him from receiving money from diplomats for stays at his hotels or foreign governments for leases of office space in his buildings. The language in the clause is disputed by legal experts, and some think the suit will fail, but it signaled the start of a legal assault by Trump critics on what they see as unprecedented conflicts between his business and the presidency.

Trump’s Flashy Executive Actions Could Run Aground
Politico – Isaac Arnsdorf, Josh Dawsey, and Seung Min Kim | Published: 1/25/2017

The breakneck pace of President Donald Trump’s executive orders might please his supporters, but critics are questioning whether the documents are being rushed through without the necessary review from agency experts and lawmakers who will bear the burden of actually carrying them out. People familiar with Trump’s planning say he wanted daily events to show supporters he would follow through on his campaign agenda, but the process is playing out chaotically. Inside the West Wing, it is almost impossible for some aides to know what is in the executive orders, staffers say. They have been written by Stephen Miller, the senior adviser for policy, and Steve Bannon, Trump’s chief strategist, according to people familiar with the matter. By contrast, the Obama White House ran executive orders through a painstaking process of soliciting feedback from agencies and briefing lawmakers.

We Rely on the Government for Lots of Data. What Happens to That in the Era of ‘Alternative Facts’?
Washington Post – Mark Berman | Published: 1/23/2017

For wary journalists, it seemed only a matter of time before Donald Trump’s presidency would lead to a standoff between his administration and the news media. On the first weekend of the administration, Trump declared himself in “a running war with the media” and the president’s press secretary, Sean Spicer, used his first appearance on the White House podium to deliver a fiery jeremiad against the press. Worse, many journalists said, were the falsehoods that sprang from the lips of both Trump and Spicer. False statements, lies, and evasions are not unique to any one politician or political operative, nor are they the province solely of those who work in politics. But they take on an unmistakably different tenor when delivered with the imprimatur of the federal government, something that remains true even given the times government agencies and officials have been dishonest with the American people.

From the States and Municipalities:

Alaska – As Clock Ticked Toward Session, Alaska Lawmakers Turned to Lobbyists for Cash
Alaska Dispatch News – Nathaniel Herz | Published: 1/22/2017

While state law prohibits Alaska lawmakers from collecting campaign money during the legislative session, fundraisers held on the eve of the session have long been a tradition in Juneau. Lobbyists are banned from donating directly to legislative candidates, except those seeking to represent the lobbyist’s own House or Senate district. But they can give thousands of dollars at the pre-session events, which technically raise money for party committees, not lawmakers’ campaigns, though the parties often distribute cash to the campaigns of individual legislators.

Colorado – Colorado Ethics Commission Tells Aurora Councilwoman to Follow State Ethics Rules Because of Job
Denver Post – Jon Murray | Published: 1/23/2017

The Colorado Independent Ethics Commission said a state employee who also serves as an Aurora City Council member should follow Amendment 41 rather than her city’s less-stringent gift rules. Councilperson Angela Lawson works by day as the lobbyist program manager in the secretary of state’s office. She has been waiting more than a year for an advisory opinion following her election in November 2015. The request was delayed after the commission decided first to sort out how to approach home-rule cities that have their own ethics codes and do not follow the state’s Amendment 41, passed by voters in 2006. The ethics panel issued a recent position statement on the issue sparking outcry from the Colorado Municipal League and local government attorneys.

Florida – Lee Clerk Wants Audit of County Lobby Logs
The News-Press – Patricia Borns | Published: 1/24/2017

Clerk of Court Linda Doggett plans to audit Lee County commissioners’ logs to find out if they and their staff are being transparent about their conversations with lobbyists. A media investigation of Commissioner Larry Kiker’s lobby logs found discrepancies between his calendars, emails, and text messages showing meetings and phone calls with paid and unpaid lobbyists were not always noted. A second investigation, after Kiker cleaned up the lobby log, showed the problem persisted.

New Mexico – Loophole Cuts Lobbyist Spending Reporting
New Mexico In Depth – Sandra Fish | Published: 1/19/2017

New Mexico Lobbyists and their employers spent more than $595,000 on gifts, meals, and more for lawmakers and other public officials in 2016. But that number is likely tens of thousands of dollars too low because of a loophole created during the last legislative session. That loophole removed a requirement for lobbyists to report any expenses spent on individual lawmakers below a certain threshold. Previously, lobbyists had to report all spending, itemizing expenses spent above $75 per lawmaker and aggregating expenses below $75 per lawmaker. Now lobbyists do not have to report any spending below $100 per lawmaker. That took effect July 1, 2016.

South Dakota – South Dakota Legislators Seek Hasty Repeal of Ethics Law Voters Passed
New York Times – Monica Davey and Nicholas Confessore | Published: 1/25/2017

South Dakota voters approved a ballot measure last November that would create an independent state ethics commission, impose tougher limits on campaign contributions and lobbyists’ gifts to lawmakers, increase disclosure by independent political groups, and set up a system to publicly finance elections. But the state’s Republican Legislature is racing to set aside that new law by using its emergency powers, prompting cries of protest from voters and critics, who are calling the hasty efforts an antidemocratic power grab. In effect, they say, the state’s residents are being told their votes do not matter. Lawmakers demanding repeal say the ethics regulations are irretrievably flawed and include provisions that may be unconstitutional.

Texas – Once-Dead Ethics Reforms Could Curb Lobbying Tricks, Increase Disclosures and Punish Criminal Lawmakers
Dallas News – J. David McSwane | Published: 1/25/2017

Ethics reform bills have been introduced in the Texas Legislature. Sen. Van Taylor and Rep. Charlie Geren are each filing substantial bills in their chambers, along with smaller measures dedicated to specific ethics reforms outlined in the larger bills. That scattershot approach increases the likelihood that at least some of the new regulations will reach the governor’s desk. The reforms include lowering the dollar threshold for when lobbyists must report paying for meals or transportation for officials. Lobbyists would also be required to itemize the total bill paid on behalf of elected officials or their families. This closes a loophole that allows lobbyists to split large bar and restaurant tabs, among several lobbyists to avoid reporting thresholds.

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.

Lobbying

Florida: “Lee Clerk Wants Audit of County Lobby Logs” by Patricia Borns for The News-Press

Pennsylvania: “Governor Fires Head of State Drug and Alcohol Office” by Angela Couloumbis and Karen Langley for Pittsburgh Post-Gazette

Texas: “Once-Dead Ethics Reforms Could Curb Lobbying Tricks, Increase Disclosures and Punish Criminal Lawmakers” by J. David McSwane for Dallas News

Campaign Finance

California: “Contra Costa DA Slapped with $45,000 Fine as Criticism Builds” by Nate Gartrell for East Bay Times

Ethics

“An Early Test of Trump’s Ethics Pledge Is a Glittering New Foreign Tower” by Drew Harwell, Alan Freeman, and Jenny Peng for Washington Post

“White House, Trump Organization Name Ethics Advisers” by Bernard Condon and Chad Day (Associated Press) for WRAL

Utah: “Utah House Speaker Greg Hughes’ Name Dragged into the Criminal Case of Former A.G. John Swallow” by Jennifer Dobner and Tom Harvey for Salt Lake Tribune

Elections

“Trump Seeks ‘Major Investigation’ into Unsupported Claims of Voter Fraud” by Jenna Johnson and Matt Zapotosky for Washington Post

Legislative Issues

Nebraska: “Nebraska Lawmaker Quits After Unsavory Women’s March Tweet” by Grant Schulte (Associated Press) for ABC News

South Carolina: “South Carolina Lawmaker Accused of Beating His Wife Resigns” by Seanna Adcox (Associated Press) for ABC News

After months of scandal, state Sen. Bill Kintner resigned from the Nebraska Legislature today. Kintner’s announcement comes just hours before a resolution to expel him was expected to be brought to the floor.

Problems for Kintner began last year when it was discovered he used his state-provided laptop to engage in cybersex. He evaded pressure to step down only to face further criticism this week for retweeting a post implying participants at the Women’s March were too unattractive to be sexually assaulted.

Kintner’s resignation is effective January 30 and a special election to fill his seat has yet to be announced.

Photo of Sen. Bill Kintner courtesy of the Nebraska Legislature website.

Lobbying

“Lobbyists Expect Boom Times under Trump” by Megan Wilson for The Hill

Campaign Finance

“Condos, Donovan Tackle Campaign Finance Together” by Mark Johnson for VTDigger.org

Ethics

“Trump Is Said to Keep James Comey as F.B.I. Director” by Michael Schmidt and Adam Goldman for New York Times

“Lawmakers Admonish Ethics Official Over Tweets About Trump” by Matthew Daley (Associated Press) for Business Insider

Colorado: “Colorado Ethics Commission Tells Aurora Councilwoman to Follow State Ethics Rules Because of Job” by Jon Murray for Denver Post

Kentucky: “Richie Farmer’s Girlfriend Drops Ethics Appeal” by Tom Loftus for Louisville Courier-Journal

Minnesota: “After Shocking Collapse, Minnesota Gov. Mark Dayton Announces He Has Prostate Cancer” by Samantha Schmidt and Lindsey Bever for Washington Post

South Dakota: “South Dakota Republicans Are About to Get Rid of the State’s First Independent Ethics Commission” by Amber Phillips for Washington Post

Elections

“Angry Democrats Study the Tea Party’s Playbook” by Jonathan Martin for New York Times

Legislative Issues

Massachusetts: “Legislative Leaders Aiming for 40 Percent Pay Hikes” by Frank Phillips for Boston Globe

A joint committee of the South Dakota Legislature voted Monday to send House Bill 1069 to a full chamber debate in an attempt to repeal Initiated Measure 22.

Initiated Measure 22 is the voter approved ethics and campaign finance overhaul that established various lobbying and campaign finance restrictions.

The bill contains an emergency clause to avoid the possibility of voters proposing a referendum to reverse a repeal.

Speaker of the House Mike Turzai announced a special election will be held March 21, 2017, to fill a vacancy in House District 197.

The vacancy was created on January 3 when Rep. Leslie Acosta resigned after pleading guilty to federal money laundering charges. Party nominees to run in the special election will be selected according to each party’s respective process.

District 197 consists of part of North Philadelphia.

Lobbying

Alaska: “As Clock Ticked Toward Session, Alaska Lawmakers Turned to Lobbyists for Cash” by Nathaniel Herz for Alaska Dispatch News

New Mexico: “Loophole Cuts Lobbyist Spending Reporting” by Sandra Fish for New Mexico In Depth

Ethics

“After Ethics Review, Senate Postpones Committee Vote for Betsy DeVos” by Danielle Douglas-Gabriel for Washington Post

“We Rely on the Government for Lots of Data. What Happens to That in the Era of ‘Alternative Facts’?” by Mark Berman for Washington Post

“Liberal Watchdog Group Sues Trump, Alleging He Violated Constitutional Ban” by David Fahrenthold and Jonathan O’Connell for Washington Post

Pennsylvania: “Ex-Mayor Reed Admits Carelessness, Not Criminality, in Pleading Guilty to Stealing City Artifacts” by Matt Miller for Harrisburg Patriot-News

Rhode Island: “Gallison to Admit Stealing from a Friend, the Poor and a Disabled Client” by Tom Mooney for Providence Journal

Redistricting

“Supreme Court Won’t Review Texas Voter Law Found to Discriminate Against Minorities” by Robert Barnes for Washington Post

U.S. Rep. Dan Kildee has introduced legislation requiring ethical guidelines be followed by states before those states be allowed to administer certain federal funds.

House Bill 0554, The Make State Government More Open, Honest, and Transparent Act, suspends the authority of a state to administer funds under federal block grant programs if the state does not enact certain conflict of interest protections. These include banning state contractors from making state financial contributions, prohibiting state legislators from requiring their staff make political contributions, and requiring state legislators to annually disclose their own financial interests.

“My legislation is simple: it raises the bar for states to be more open and transparent with their constituents so that we can begin to restore public trust in government,” Kildee said in his press release.

Lobbying

“Companies Drafting Emergency Plans for Trump Tweets” by Megan Wilson and Melanie Zanona for The Hill

Ethics

“Intercepted Russian Communications Part of Inquiry into Trump Associates” by Michael Schmidt, Matthew Rosenberg, Adam Goldman, and Matt Apuzzo for The New York Times

California: “Former L.A. Coliseum Executive at the Center of Corruption Scandal Sentenced to 3 Years of Probation” by Melissa Gerber for Los Angeles Times

California: “Short-Staffed SF Ethics Panel’s Backlog of Cases Growing” by Emily Green for San Francisco Chronicle

Maryland: “Hogan Proposes Maryland Government Ethics Reforms” by Pamela Wood for The Baltimore Sun

Rhode Island: “Ex-R.I. Rep. Palumbo Charged with Embezzling; 2nd Ex-Lawmaker Arrested in a Week” by Katie Mulvaney for Providence Journal

Legislative Issues

Maryland: “Hogan Seeks Background Checks for Appointed Lawmakers” by Pamela Wood and Erin Cox for The Baltimore Sun

Campaign Finance

“With Morale in Tatters, Federal Election Commission Eyes Changes” by Dave Levinthal for Center for Public Integrity

“‘Soft Money’ Era Not Back Yet as Few Companies Contribute” by Kenneth Doyle for Bloomberg BNA

Pennsylvania: “In First Act, New Pa. Treasurer Cracks Down on Pay-to-Play Fees” by Craig McCoy and Mark Fazlollah for Philadelphia Inquirer

Elections

“From Headline to Photograph, a Fake News Masterpiece” by Scott Shane for The New York Times

Gov. Larry Hogan introduced several legislative acts to state lawmakers on January 19, 2017, including the Public Integrity Act, the Liquor Board Reform Act, and the Legislative Transparency Act. The bills are seen as a reaction to conspiracy and bribery scandals lawmakers were involved with in 2016.

If approved, the Public Integrity Act would keep lawmakers from using legislation to help their own businesses, and also prohibit legislators, appointees, and other staff from working as a lobbyist within a year of exiting their posts. The Liquor Board Reform Act would require state senators to make the committee nominations. And, under the Legislative Transparency Act, the House and Senate would have to stream their sessions live via video. Currently, the sessions are live, but just in audio format.