Lobbying

“Uber Pressures Regulators by Mobilizing Riders and Hiring Vast Lobbying Network” by Rosalind Helderman for Washington Post

Campaign Finance

“A Crowded GOP Field for 2016 Encounters Donors Reluctant to Commit Early” by Matea Gold and Tom Hamburger for Washington Post

“CO High Court Denies Gessler Appeal, Ending Campaign Finance Disclosure Case” by Tessa Cheek for Colorado Independent

“New York Panel Approves Fine for Group against Carriage Horses” by Nikita Stewart for New York Times

Ethics

“A State Guide to Political Corruption, According to the Reporters Who Cover It” by Niraj Chokshi for Washington Post

“Questions Surround Constitutional Amendment on Ethics, Term Limits” by John Lyon (Arkansas News Bureau) for Arkansas News

“State Ethics Commission Belatedly Completes Review of NC Fracking Board” by John Murawski for Raleigh News & Observer

“Work of FBI Squad Evident in Columbus Payday Probe” by The Associated Press for Marietta Times

“John Kitzhaber Stalls on Cylvia Hayes Records; the Few Documents Released Raise Questions” by Laura Gunderson for Portland Oregonian

“Republicans Seize on Audit Critical of State Elections Board” by Patrick Marley for Milwaukee Journal Sentinel

Lobbying

“Dale Mallory Sentenced: ‘Nobody could ever buy my vote’” by Chrissie Thompson for Cincinnati Enquier

Campaign Finance

“The Special Powers of Super PACS, and Not Just for Federal Elections” by Derek Willis for New York Times

“Registration Rule for Political Groups Ruled Too Vague” by Howard Fischer (Capitol Media Services) for Arizona Daily Sun

“Koch-Backed Group Sues Atty. Gen. Kamala Harris Over Donor List” by Melanie Mason for Los Angeles Times

Ethics

“Energy Firms in Secretive Alliance with Attorneys General” by Eric Lipton for New York Times

“State Ethics Agency Faces More Changes” by Christina Cassidy (Associated Press) for Gainesville Sun

“Conviction of Kilpatrick Pal Beasley Likely End of an Era” by Tresa Baldas for Detroit Free Press

“Port Authority Board Debates Ethics Rules as Ex-Chairman David Samson Sues” by Shawn Boburg for Bergen Record

“After Ethics Panel’s Shutdown, Loopholes Live On in Albany” by Thomas Kaplan, William Rashbaum, and Susanne Craig for New York Times

“Rep. Sandra Williams Gets Suspended Jail Time, Fine for Misusing Campaign Funds” by Jeremy Pelzer (Northeast Ohio Media Group) for Cleveland Plain Dealer

“McAuliffe: No fundraising in special sessions” by Travis Fain for The Daily Press

Procurement

“Ex-Mayoral Aide Accused of Trying to Help Firm Get Camera Contract” by Luke Broadwater for Baltimore Sun

At its December 17 meeting, the Hawaii State Ethics Commission will consider amending its interpretation of certain conflict of interest provisions. Legislators and employees are prohibited from assisting or representing any person or business for compensation on matters in which they have participated or will participate in their state capacities, or on matters before their own state agencies. They are also subject to similar post-employment restrictions.

Currently, with regard to sections 84-14(B), (C), and (D) of the Hawaii Revised Statutes, the Commission interprets the phrase “any person or business” to mean a third party; it does not include the legislator, employee, former legislator, or former employee.

Because the Commission’s current interpretation appears inconsistent with the plain meaning and underlying purpose of the law, however, the Commission’s staff recommends the Commission amend its interpretation. Under the new interpretation, “any person or business” will also include the legislator, employee, former legislator, or former employee.

If revised, the new interpretation will be effective July 1, 2015.

State and Federal Communications is pleased to announce the addition of information to assist you with your planning for the upcoming gubernatorial inaugurations and related events. The document, available for subscribers to our services, can be found on the User Dashboard, which is the landing page you arrive at after logging in to the website. The link can be found on the left-hand side, below your bookmarks and the link to the Classroom tutorial videos.

Two common scenarios are covered: the rules on providing inaugural event tickets to public officials and the rules covering contributions to inaugural committees. All 36 states that elected a governor in 2014 are covered.

City Council passed the Oakland Government Ethics Act towards the end of an eight-hour meeting during the early hours of December 10.

In November, voters overwhelmingly approved a measure to strengthen the city’s Public Ethics Commission (PEC). Measure CC, a charter amendment, gives the PEC authority to enforce the city’s lobbying laws and to levy fines in excess of $1,000 for violations.

The Oakland Government Ethics Act compliments the charter amendment by providing a new set of ethics rules including a revolving-door provision and a new lower annual gift limit of $250. Gifts from persons who do business or seek to do business with the city are further limited to $50 annually.

The legislation is effective immediately.

Lobbying

“Lobbying World” in The Hill.

“Top 10 lobbying victories of the year” by Megan R. Wilson in The Hill.

“How often do former members of Congress lobby? Not as often as you might think.” by Philip Bump in The Washington Post.

Hawaii: “Hawaii Monitor: The Problem With Lobbyists — and Their Regulators” opinion piece by Ian Lind in the Honolulu Civil Beat.

Massachusetts: “Weld registers as a State House lobbyist” by Frank Phillips in The Boston Globe.

Texas: “Two ex-Perry aides among latest to swing through lobbying revolving door” by David Saleh Rauf in the Houston Chronicle.

Campaign Finance

“Parties cut deal to open spigot of campaign cash” by Megan R. Wilson in The Hill.

“Campaign contribution limits are about to go way up. Here’s what that looks like, in one massive graph.” by Philip Bump in The Washington Post.

“Fundraising expansion slipped into spending deal could power financial bonzana for parties” by Matea Gold in The Washington Post.

“A shutdown deal with extras: light bulbs, campaign finance and fishing tackle” by Domenico Montanaro, Lisa Desjardins, and Simone Pathe in PBS NewsHour.

“ʹThe Most Corrupting Campaign-Finance Provisions Ever Enactedʹ” by Russell Berman in The Atlantic.

“Democrats’ Discontent on ‘Cromnibus’ Bubbles to Surface” by Emma Dumain in Roll Call.

“Outside Groups Set Spending Record in Midterms” by Derek Willis in The New York Times.

“Hedge Fund Founder Steve Cohen Gave Big to Boost Republican Governors” by Brody Mullins in The Wall Street Journal.

Massachusetts: “State heightens focus on cash in local campaigns” by Christian M. Wade in The Daily News of Newburyport.

Ethics

“The Year in Government Ethics | A Question of Ethics” by C. Simon Davidson in Roll Call.

“House Ethics: An Isolating Gavel to Hold” by Hanna Hess in Roll Call.

Florida: “Judge Lets Lawsuit Allege Florida Governor Intentionally Violated Law” by Mary Ellen Klas in Governing.

Florida: “Hillsborough Commissioner Ken Hagan admits to ethics violations” by Rich Shopes in the Tampa Bay Times.

New Jersey: “David Samson seeks to block state ethics investigation” by Michael Symons in Asbury Park Press.

South Carolina: “SC House panel: Let State Ethics Commission investigate lawmakers” by Cassie Cope in The State.

Tech and Social Media

“A 2015 Federal Technology Forecast” eBook on NextGov.

Massachusetts: “Boston Overhauls Licensing and Permitting System with Civic Tech” by Jason Shueh in Government Technology.

A state House study panel considering ethics reforms has endorsed legislation to remove lawmakers’ ability to police themselves on legal issues. A similar bill failed in the Senate during the last legislative session.

The draft proposal unanimously approved by the panel would create a new independent commission to investigate allegations against public officers. Opponents to last year’s proposal believed the measure to be unconstitutional since the state constitution explicitly requires the House and Senate to discipline their own members.

Additional ethics bills have been prefiled to increase lobbying fees, change reporting dates, and remedy the unconstitutional definition of “committee” for campaign finance purposes. The decision to push several separate bills rather than an overall ethics reform measure is a significant difference from last session.

Lobbying

“Bottom Line” in The Hill.

California: “Groups merge to form big California biotech lobbying group” by Stephanie M. Lee in the San Francisco Chronicle.

North Carolina: “Former GOP official joins lobbying firm” by Craig Jarvis in the News & Observer.

North Carolina: “NC League of Municipalities has new top lobbyist” by Colin Campbell in the News & Observer.

Campaign Finance

“McConnell Pushes Campaign Finance Changes” by Niels Lesniewski in Roll Call.

Arizona: “Judge tosses key Arizona campaign finance law” by Mary Jo Pitzl in The Arizona Republic.

Missouri: “Koster urges Missouri lawmakers to take up ethics reform” by Alexandra Stuckey in the St. Louis Post-Dispatch.

Missouri: “Attorney General of Missouri Denies Doing Favors for Lobbyists” by Eli Yokley in The New York Times.

Ethics

Missouri: “Lawmakers to weigh new rules on lobbyist’s gifts, donations” by Collin Reischman in The Missouri Times.

Utah: “Utah Government Launches New Ethics Website” by Bob Bernick in Utah Policy.

Political Campaigns

“GOP senator introduces bill to ban political robocalls” by Kathy Kiely in the Philadelphia Inquirer.

Open Government

“Rockefeller Opposes Leahy FOIA Bill” by Humberto Sanchez in Roll Call.

Lobbying

“Hill, K Street: Grab a Drink, Get Your Party On” by Kate Ackley and Rebecca Gale in Roll Call.

“Watchdogs brace for surprises in massive $1.014T spending bill” by Rebecca Shabad in The Hill.

“Meat lobby to vegeterians: You’ll be back” by Lydia Wheeler in The Hill.

Texas: “New Texas House Rules Require the Press to Pledge Not to Lobby” by The Texas Tribune in Governing.

Washington: “New rules limit lobbyist meals for Olympia legislators” by The Associated Press in KGMI.

West Virginia: “Thursday deadline for lobbyists to register in WVa” by The Associated Press in the Bluefield Daily Telegraph.

Campaign Finance

“Obama Fundraising Goal: $225,000-Per-Day for Presidential Library” by John McCormick in Bloomberg.

“Should Judges Be Allowed to Court Campaign Donors?” by Daniel C. Vock in Governing.

Michigan: “Spending in Grand Rapids term limits election came from out of state and big local donor” by Matt Vande Bunte in MLive.com.

New York: “After Ethics Panel’s Shutdown, Loopholes Live On in Albany” by Thomas Kaplan, William K. Rashbaum and Susanne Craig in The New York Times.

Ethics

“House Lawmakers Exempt From Ethics Training in Emerging Rules Package” by Hannah Hess in Roll Call.

Arkansas: “Arkansas lawmakers to discuss new ethics rules” by The Associated Press in the San Francisco Chronicle.

Georgia: “State ethics agency faces more changes” by Christina A. Cassidy in the Gainesville Times.

Tech and Social Media

“$6.9 Billion to be Spent on Civic Tech in 2015, Report Says” in Government Technology.

Hawaii: “Hawaii Adopts ‘Cloud-First’ Policy for IT Projects” by Brian Heaton in Government Technology.

State and Federal Communications has a team of 10 leaving tomorrow to attend the Council on Governmental Ethics Laws (COGEL) 36th Annual Conference! It will be held from December 7-10 in Pittsburgh, Pennsylvania.

COGEL always  offers great sessions concerning lobbying, campaign finance, governmental ethics, and election laws and best practices.

It will be good to see many familiar faces and meet new members.

National:

An Upbeat End to a Turbulent Year for Conservative State Legislature Group
Washington Post – Tom Hamburger | Published: 12/3/2014

Early in 2014, ALEC lost some of its most esteemed corporate partners – including Google, Microsoft, Yahoo, and Facebook – who decided not to renew their memberships following complaints that the organization questioned climate science. But then came Election Day in November, which delivered massive gains for state lawmakers backed by the group and left a record number of state legislative chambers in Republican hands. Thus ALEC is ending the year with upticks in the number of corporate members and in interest from legislators.

How Do Countries Rank on Corruption?
Los Angeles Times – Alexandra Zavis | Published: 12/2/2014

A report from Transparency International shows how levels of corruption vary around the world. The group ranked 175 countries on factors such as the prevalence of bribery, how countries prosecute corruption, and how governments respond to their population’s needs, such as guaranteeing basic human rights. North American and European countries were relatively less corrupt than countries in South America, Central Africa, and Asia. Somalia and North Korea ranked as the most corrupt countries in the world. Denmark and New Zealand were the least corrupt. The U.S. came in 17th place.

Federal:

15 Places in DC Where Lobbyists Talk Turkey
The Hill – Megan Wilson | Published: 11/28/2014

There are more than 11,000 lobbyists in Washington, D.C. and an ever-growing assortment of places for wining and dining, from the smoke-filled rooms for which the city is famous to trendy cocktail lounges and four-star restaurants. There are some venues, however, that have emerged as staples for K Street business. While each of the roughly two-dozen lobbyists that responded to The Hill’s inquiry for their favorite places to dine, drink, and do business, Washington boasts 15 places where lobbyists are almost definitely expected to be found.

Federal Judge Tosses out FEC Donor Disclosure Rule, Calling it Too Narrow
Washington Post – Matea Gold | Published: 11/25/2014

A federal judge again tossed out an FEC rule that allowed nonprofit organizations running so-called issue ads to keep their donors secret, in a setback for groups such as the U.S. Chamber of Commerce and Crossroads GPS. U.S. District Court Judge Amy Berman Jackson said the rule is “arbitrary, capricious, and contrary to law.” The case hinges on a 2007-era regulation stating organizations that run issue ads close to Election Day only have to reveal donors who give for the explicit purpose of financing those spots. Under the rule, few groups running such ads have reported their contributors.

Know Before You Go: An ethics overview for Capitol Hill holiday parties
Roll Call – Kate Ackley | Published: 12/1/2014

The same congressional ethics regulations that ban lobbyists from treating lawmakers and staff to most lunches, dinners, or other gifts also govern the December social circuit in Washington. The “reception exemption” is the top carve out to the rules that most K Street party planners employ. “If it looks like a reception, then it’s OK; members and staff are allowed to attend a reception that’s purely social and a holiday celebration,” said William Minor, a lawyer at DLA Piper who specializes in ethics and lobbying laws. But beware anything that looks like a meal, or even opulent tiny bites such as caviar or truffles.

From the States and Municipalities:

California – L.A. Voters Won’t Be Offered Cash Prizes in March City Election
Los Angeles Times – David Zahniser | Published: 12/2/2014

The idea of luring Los Angeles voters to the polls with cash prizes will not be used during next year’s March or May elections. The city Ethics Commission had suggested holding a lottery to improve voter turnout, which was 23 percent for last year’s mayoral run-off. Voters would be eligible for prizes of $25,000 or $50,000. Opponents said that was bribery and would do little to make sure voters were well-informed on issues and candidates.

Florida – Former Attorney General’s Contact with Pam Bondi’s Office Raises Questions
Miami Herald – Michael Van Sickler (Tampa Bay Times) | Published: 12/1/2014

Bill McCollum is not just Pam Bondi’s predecessor as Florida attorney general; he also leads the Republican State Leadership Committee, which has championed Bondi’s advancement. During the 19 months that McCollum served as vice chairperson of the group, it contributed $650,000 to Bondi’s re-election campaign, more than 10 percent of what she raised, and chipped in another $16,000 in gifts so she could attend conferences with other Republican attorneys general. Now specializing in public policy and regulation at Dentons, an international law firm, McCollum contacted Bondi’s office on behalf of his clients, but did not register himself or list his clients with the state, which is a requirement for anyone who lobbies the executive branch.

Maryland – New Maryland Rules Would Curb Some Uses of Campaign Funds
Baltimore Sun – Michael Dresser | Published: 11/29/2014

New rules proposed by the State Board of Elections would bar candidates in Maryland from using their campaign funds to pay for such things as foreign travel, tuition, or mounting a legal defense to charges unrelated to the campaign. In addition to the prohibition on some uses of campaign funds, the board is proposing explicit rules on what actions violate the state’s longtime ban on legislators and statewide elected officials raising money during the legislative session. Among the practices banned is one in which officials send out a notice during the 90-day session to “save the date,” code in political circles for announcing a fundraiser.

Missouri – Missouri Lawmakers Face Renewed Calls to Change Loose Ethics Laws
Kansas City Star – Jason Hancock | Published: 11/26/2014

Some Missouri lawmakers say support is building to tighten state ethics laws that are among the loosest in the nation, but they warn that any reform probably would not include campaign contribution limits. The state allows legislators to accept unlimited gifts from lobbyists, collect political donations of any size, and lets lawmakers become lobbyists the moment they leave office. For years, some lawmakers have sought to change that, and each time those efforts have run into a wall of legislative opposition. Some think the 2015 legislative session could be different, with several longtime opponents of ethics reform out of office and legislative leaders voicing support for tackling the issue.

North Carolina – Redrawn Political Lines Create Sparse Choice for Voters
Ashville Citizen-Times – Mark Barrett | Published: 12/2/2014

Results of this year’s general election have once again fueled concerns about North Carolina’s redistricting process, one in which the General Assembly draws lines for U.S. House and legislative districts once a decade. Exactly half of all 120 state Houses races in November featured only one candidate. In the Senate, 19 of 50 races had just the one candidate. Only 30 to 40 of the remaining seats in the two chambers were truly “in play,” meaning either candidate had a realistic chance of winning, according to experts. Critics say the lack of competition means officeholders cater to the extreme wings of their parties, the party in power gets a disproportionate share of the seats, and voters are less likely to take an interest in public affairs.

Virginia – Ethics Commission Recommends More Caps on Free Meals, Trips for Virginia Lawmakers
The Tribune – Alan Suderman (Associated Press) | Published: 12/1/2014

A panel examining Virginia’s ethics laws recommending that state lawmakers not be able accept meals, trips, and entertainment worth more than $250 from lobbyists and others. The Commission on Integrity and Public Confidence in State Government included the recommendation in an interim report submitted to Gov. Terry McAuliffe. The commission had outlined its recommendations at a meeting in November, but now it has formally presented them to McAuliffe. The governor is expected to use the report to form the basis of ethics legislation he will propose for the General Assembly session that begins in January.

Washington – Ethics Panel Eyes Lawmakers’ Meals
The Columbian; Staff –   | Published: 12/2/2014

The Legislative Ethics Board has limited the number of free meals that Washington lawmakers could accept to 12 meals a year, and legislators currently have to report meals costing more than $50. At a recent meeting, the board approved a motion requesting that lawmakers publicly report free meals, no matter the dollar value. The Legislature must approve the reporting requirement.

West Virginia – Report Suggests Davis Conflict in Nursing Home Case
Charleston Gazette – Kate White | Published: 12/2/2014

An ABC News report said an attorney helped raise thousands of dollars for West Virginia Supreme Court Justice Robin Davis’ 2012 re-election campaign and later purchased a private jet from Davis’ husband for more than $1 million. The attorney, Michael Fuller, would later argue a high-profile nursing home case in front of Davis. Although the justices reduced a $90 million verdict against a nursing home to about $40 million, Fuller’s law firm received more than $17 million. Davis has said she is against changing the rules justices use to determine whether they should step down from certain cases.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

Today, the U.S. House of Representatives Committee on Ethics released a reminder for its members and staff about the propriety of accepting holiday gifts.

Holiday Guidance on the Gift Rule, an eight-page memorandum on House Rule 25, points out some of the restrictions, including reminders on how to handle certain types of situations such as attending a holiday reception at a lobbying firm.

In such a situation, attendance is allowed as long as “the food and refreshments are of ‘nominal value’ and offered ‘other than as part of a meal.’”

Should a representative or staff member be offered a gift card or certificate, the memorandum reminds them these items are considered the same as cash; therefore, they cannot be accepted under any gift exception. The communication also reminds members and staff how they must handle unacceptable gifts, how to seek written committee approval in some circumstances, and which financial disclosure requirements may be necessary.

In a seasonal flair, the memorandum ends with a whimsical poem entitled The House Gift Rule: A Rhyme for the Holidays. The poem includes stanzas such as the following:

Gifts worth less than 50 dollars really aren’t scary,

Unless there’s a lobbyist, you can make merry.

But beware! This exception requires you to know

That the donor’s permitted before pulling that bow.

Receptions are gifts but are permitted if they,

Aren’t a meal, regardless if served from a tray.

The exception requires that food value be nominal,

So no caviar, no matter, whether phenomenal.

Lobbying

“Ethics Panel Eyes Lawmakers’ Meals” in The Columbian

Campaign Finance

“New Study Finds Companies’ Campaign Donations Linked to Lower Tax Rates” by Debbie Freeman for Arizona State University

“Ethics Panel Seeks Change in Law to Stop Candidates from Paying Self from PAC” by Naomi Schalit (Maine Center for Public Interest Reporting) for Lewiston Sun Journal

“Election Ads Were About Issues, Says ‘Carolina Rising’ Chief” by Carrie Levine for Center for Public Integrity

Ethics

“Alcorn County Pays Ex-Lawmaker Thousands for Jail Work” by Emily Wagster Pettus for Hattiesburg Daily American

“Report Suggests Davis Conflict in Nursing Home Case” by Kate White for Charleston Gazette

Elections

“How to Handle a Broken Campaign Promise” by Nathan Gonzales for Roll Call

“L.A. Voters Won’t Be Offered Cash Prizes in March City Election” by David Zahniser for Los Angeles Times

Legislative Issues

“New Leader, New Rules for SC House” by Cassie Cope for The State

“State Lawmakers Poised for Pay Bump” by David Saleh-Rauf for San Antonio Express-News

City Council is preparing to hold a final vote on the Oakland Government Ethics Act after voters overwhelmingly approved a measure to strengthen the city’s Public Ethics Commission (PEC). Measure CC, a charter amendment, gives the PEC authority to enforce the city’s lobbying laws and to levy fines in excess of $1,000 for violations.

The Oakland Government Ethics Act compliments the charter amendment by providing a new set of ethics rules including a revolving-door provision and a new lower annual gift limit of $250. Gifts from persons who do business or seek to do business with the city would further be limited to $50 annually.

The council is scheduled to hold a final vote on the legislation on December 9, 2014.