Federal:

Big Spending on Presidential Candidates Can Have Little Effect

Google Protest of Anti-Piracy Bills Upends Traditional Lobbying

New Super PAC Breed Pushed by Group

From the States and Municipalities:

California

Business Interests Add to Speaker’s Rubber Duck Flock

Connecticut

SEEC Postpones Action on Giuliano Appointment

District of Columbia

Ballot Initiative Would Ban Corporate Donations in D.C. Political Campaigns

Indiana

Indiana Proposal Would Ban Anthem Embellishments

Maryland

City Council President Says He’ll Pay Back Ray Lewis for Tickets to Private Skybox

Massachusetts

Massachusetts Niche Political Groups Aim for Clout

Montana

Commission Office Often the Center of Controversy

Ohio

Lawmakers Can’t Be in Lobbyists’ Ads, Panel Says

Oklahoma

No Action Taken on Oklahoma’s Campaign Disclosure Laws

Wisconsin

Governor Who Took On Unions May Face a Closely Watched Recall Election

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.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

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.

Montana Commissioner of Political Practices Dave Gallik has resigned his job after his staff accused him of using state resources for private law practice.

For the full story read:

“Staff says ethics commissioner not ethical” by The Associated Press in the Billings Gazette.

“Montana’s Commissioner of Political Practices resigns” by John S. Adams in the Great Falls Tribune.

“Top Montana Ethics Leader Resigns Amid Allegations” by Caroline Cournoyer on Governing.com.

Photo of Dave Gallik courtesy of the Montana Legislature website.

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.

Federal:

Democratic National Convention Rules Set off K St. Scramble

GOP Uses Citizens United to Challenge Corporate Donation Ban

What Donors? Super PACs Buy Time to Keep Secret the Names of Donors Ahead of GOP Primaries

From the States and Municipalities:

Arizona

State Sen. Scott Bundgaard Resigns from Legislature

California

Assemblywoman Mary Hayashi’s Shoplifting Incident Raises Medical Questions

Georgia

Wild Hog: Lobbyists’ trough?

Idaho

Idaho Leaders Ready to Strengthen Ethics Laws

Illinois

Lobbying Disclosure Rules Spotty

Massachusetts

Ex-Avon Worker’s Revenge Attempt Brings $5,000 Fine

Mississippi

Mississippi Court Halts Quick Release of Some Pardoned

Montana

SCOTUS Expected to Weigh Montana Campaign Finance Appeal

New Jersey

Bill to Prohibit Political Fundraising at Government Facilities Wins Legislature’s Approval

New Mexico

Judge Puts Parts of Contribution-Limits Law on Hold

North Carolina

Judge Clears Former Lobbyist

Oregon

Campaign Finance Regulations Go Before High Court

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.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

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.

Lobbying:

“Group pushes ethics reform in hopes of curbing lobbyist influence at Georgia Legislature” by Errin Haines (Associated Press) in The Republic.

Campaign Finance:

“Late Night: Stephen Colbert drops ‘super PAC’ to run for president” by Meredith Blake in the Los Angeles Times. (with a wink…)

“Super PACs are making their rich presence felt in 2012 campaigns” David Goldstein in the Sacramento Bee.

“Summary of Kansas Senate Campaign Finance Reports” in the Missouri News Horizon.

“The 20 Largest Campaign Donors in Rhode Island” by Dan McGowan on golocalProv.com.

“No action taken on Oklahoma’s campaign disclosure laws” by Michael McNutt in the Daily Oklahoman.

Ethics:

“John Edwards trial: Lawyers request for delay will be considered by judge” by The Associated Press on Politico.

“Prison for ex-Rep. Siljander: He aided terrorist-linked charity” by Matt Pearce in the Los Angeles Times.

The Campaign Legal Center, Democracy 21, Citizens for Responsibility and Ethics in Washington, the League of Women Voters for the U.S., and other groups are petitioning the White House in order to get President Obama to make new appointments to the Federal Election Commission, which they deem ineffective because of political division. The terms for five of the six commissioners have expired.

The groups plan to do this via the administration’s “We the People” online petitioning tool, for which they will need 25, 000 signatures for their petition will be officially considered.

Here is the coverage this afternoon of the breaking news issue:

“Watchdogs push Obama to make FEC appointments before election” by Alicia Cohn in The Hill.

“Advocates Again Press Obama to Name FEC Appointees” by Eliza Newlin Carney.

“Watchdogs to Obama: Fix the FEC” by Susan Crabtree in the Washington Times.

The Ethics Resource Center reports in a new study that four times as many employees of large corporations have seen illegal donations given to public officials.

According to an article in today’s edition of Politico: “Four percent of 4,600 private-sector employees surveyed this fall by the Ethics Resource Center said they witnessed improper contributions to campaigns and parties. By comparison, only 1 percent of respondents reported these transgressions in the group’s previous study, completed in 2009.”

For the full story, read “Ethics Study: More Employees Report Seeing Illegal Donations” by Janie Lorber in Politico.

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.

“Ethics watchdog alleges that Gingrich might have violated lobbying laws” by Rachel Leven in The Hill.

“Super PACs: The WMDs of Campaign Finance” by Ben Heineman, Jr. in The Atlantic.

“Rick Santorum, ‘Stealth Lobbyist’” by Matthew Mosk and Brian Ross on ABCNews.com.

“More women seeking, achieving greater political clout in Wisconsin” by Michael Louis Vinson in the Appleton Post-Crescent.

“SCOTUS expected to weigh Montana campaign finance appeal” by Robin Bravender in Politico.

“State GOP accused of campaign finance violations” by Brad Schrade in the Minneapolis Star Tribune.

A new law signed by President Obama precludes federal agencies from requiring vendors bidding on federal contracts to disclose political contributions.

Buried in the 565-page National Defense Authorization Act for Fiscal 2012, House Resolution 1540, is language amending Chapter 137 of Title 10 of the United States Code.

The amendment explicitly prohibits requiring a contractor to submit political information as part of a solicitation, or a request for bid or proposal. It also bars contractors from being required to submit political information during the modifications of a contract, or while exercising a contract option.

The language was added as an amendment to HR 1540 in response to a leaked draft executive order which required every entity submitting offers for federal contracts to disclose certain political contributions and expenditures made within the two years prior to submission of their offer.

For previous articles on Lobby Comply by George Ticoras on this topic, you can read posts from June 1, May 20, May 12, and May 10, and July 28, 2011.

Representative Kevin Ryan has pre-filed a bill to end the practice of state lawmakers policing themselves in ethics matters.

The bill would abolish the legislative ethics committees and empower the Ethics Commission to enforce the law as it applies to legislators.

Currently, the Ethics Commission oversees the state’s nine constitutional officers, certain appointed state officials, and locally elected officials. However, the Ethics Commission does not have jurisdiction over legislators. Instead, lawmakers police themselves through separate House and Senate ethics committees.

State Senator Mike Rose has sponsored a proposal in the Senate that would give the legislature explicit authority to delegate ethics enforcement to an outside entity.

Lawmakers are scheduled to begin the second half of the 2011-12 legislative session on Tuesday, January 10, 2012.

Title 15 requires government officials and employees to disclose their financial affairs and sets minimum ethical standards for the conduct of state and local business. The law also requires all counties, municipalities, and school boards adopt ethics standards at least equal to the state’s ethics law with regard to conflicts of interest, financial disclosure, and lobbying. Each local ethics commission is required to certify its compliance with the Maryland Ethics Commission on or before October 1st of each year, beginning in 2011.

Some local officials are still working toward agreement and passage of the required bills. Although officials may follow the state’s guidelines, many are choosing their own paths. For instance, the registration thresholds for lobbyists in Title 15 include an expenditure clause and a gift clause: $500 in expenditures towards influencing legislative or executive action; or $100 in gifts for the purpose of influencing executive action. The recently passed Charles County bill has a $100 gift threshold, while Alleghany County’s gift threshold is $200. Neither bill includes an expenditure clause. However, in Howard County, there is a $100 expenditure threshold for any lobbying activity, but no gift threshold.

Conflict of interest rules have also been the subject of debate. Title 15 forbids former public officials (other than legislators) and employees from assisting or representing a party in a contract or other specific matter for compensation if the former official or employee participated significantly in the matter as an official or employee. Frederick County attempted to limit this prohibition to one year for former commissioners with an exemption for former employees. This modification was rejected by the state. The Frederick County delegation now plans to propose changes to Title 15 before the general assembly to allow the one year limitations.

Counties such as Baltimore and Montgomery continue to debate and, as of December 1, 2011, had yet to approve a final version of the required ethics bill.

In the latest development, the State Ethics Commission met to respond to exemption requests. According to the Maryland Municipal League web site:

“The Maryland State Ethics Commission met on December 8 to consider a number of exemption requests from various municipalities around the state. Several jurisdictions were requesting an extension of an existing exemption, while some cities and towns were requesting new exemptions from the recently enacted financial disclosure reporting requirement. The results were varied, although it seemed as though population and budget size were the criteria most often cited by the members of the Ethics Commission when exemptions were being considered. For more information, please contact Tom Reynolds or Candace Donoho on the MML staff.”