This ethics bill, which takes effect on July 1, 2011, prohibits members of the state legislature, elected executive branch officials, agency heads, and certain other appointed officials from acting as lobbyists for one year after leaving office.

Additionally, this legislation will require a public official who files financial disclosure statements to reveal employment information and other “business interests” of his or her spouse.

The spousal disclosures are designed to shine light on additional conflicts of interest an official may have even without a personal stake in a matter.

Photo of the West Virginia State Capitol by Garkeith on Wikipedia.

The Georgia House of Representatives voted Tuesday to close a loophole in the state ethics law concerning expenditures made on behalf or for the benefit of public employees.

The House voted to amend Senate Bill 160 to add provisions requiring lobbyist reporting of expenditures made on behalf or for the benefit of a public employee for the purpose of influencing a public officer after Advisory Opinion 2011-03, released by the Georgia Government Transparency and Campaign Finance Commission, concluded state law did not require the reporting of such expenditures.

The bill must now return to the Senate for a vote on the House amendment.

Photo of the Georgia State Capitol dome by Connor.carey on Wikipedia.

Governor Martinez has signed Senate Bill 432 prohibiting state and local government employees who are involved in the contracting process from subsequently being employed by a contractor. The bill expands the existing Governmental Conduct Act to apply to state and local government employees involved in the procurement process.

Under the new law, state agencies are barred from entering into contracts with a business represented by a person who has been an employee of the state within one year if the value of the contract is in excess of $1,000 and the contract is a direct result of an official act by the former employee. The law becomes effective July 1, 2011.

The Independent Ethics Commission released Position Statement 11-01 on Friday, April 8, 2011. In this statement, the Commission adjusted the limit on gifts to public officials and employees in the state of Colorado to $53 per calendar year, up from $50.

Pursuant to Article XXIX section 3(6), which was part of the 2006 voter-approved Amendment 41, the limit is to be adjusted based upon inflation every four years. This is the first such adjustment required.

Photo of downtown Denver by 33mhz on Wikipedia.

The rule prohibits investment advisers from providing investment advisory services for compensation to a government entity within two years after a contribution to an official of that government entity is made, either by the investment adviser or by any covered associate of the investment adviser.  This prohibition does not apply to contributions made by a covered associate to officials for whom the covered associate was entitled to vote at the time of the contributions if the contributions did not exceed $350 in the aggregate to any one official, per election.  The prohibitions also do not apply to contributions made by a covered associate to officials for whom the covered associate was not entitled to vote at the time of the contributions if the contributions did not exceed $150 in the aggregate to any one official, per election.

An additional prohibition prevents an investment adviser from providing or agreeing to provide, directly or indirectly, payment to any person to solicit a government entity for investment advisory services unless that person is a regulated person or is an executive officer, general partner, managing member, or employee of the investment adviser.  Nor may such advisers coordinate or solicit any person or political action committee to make a contribution to an official of a government entity to which the adviser is providing or seeking to provide investment advisory services or payment to a political party of a state or locality where the investment adviser is providing or seeking to provide investment advisory services to a government entity.

The rule has two important compliance dates.  The March 14, 2011 date applied to investment advisers subject to the rule.  The other compliance date, September 13, 2011, is when investment advisers will no longer be able to use third parties to solicit government business except in compliance with this rule.  Additionally, advisers to registered investment pools have until the September 13 date to comply with this rule.

Cole County Circuit Court Judge Daniel Green ruled that Senate Bill 844, which became effective August 28, 2010, is unconstitutional because it covers multiple subjects.   The Missouri constitution requires that bills contain only one subject.

The bill sharply restricted transfers between campaign committees, boosted the enforcement powers of the Missouri Ethics Commission, and created measures aimed at reducing situations in which candidates channeled money through several committees to obscure their source.   The court found that the procurement measures in the bill were the “original controlling purpose,” and thus should be upheld while all other measures relating to campaign finance are void.

The Missouri Attorney General’s office and the Missouri Ethics Commission are currently reviewing the decision to examine both enforcement procedures and further legal action.

Two bills were introduced before the Council of the District of Columbia as part of a series of measures to enhance transparency in the District government.

The first bill seeks to enact the Sunshine in Procurement Act of 2011 which requires the Council to post contract information, including the contract, solicitation, purchase orders, invoices, and change orders on its website. Additionally, sole-source and emergency procurement information would need to be posted, including the determination and findings supporting those procurements.

The second bill, referred to as the Open Government Act of 2011, expands the responsibilities of the newly created Open Government Office, improves the District’s Freedom of Information Act, requires agencies to prepare biennial transparency plans, and improves the transparency of the District’s budget information.

Photo of the John A. Wilson Building, home of the city government of Washington, D.C., by Awiseman on Wikipedia.

UTAH: Governor Gary Herbert has called a special session of the legislature to convene at noon on March 25. The governor stated the purpose of the special session will be to repeal HB477, an open records law which the governor had previously signed earlier this month. The legislature had adjourned on March 10.

LOUISIANA: The legislature convened on March 20 for an ‘extraordinary session’ to establish redistricting boundaries for all congressional, state and local entities’ elections. The session is scheduled for no later than April 13. The regular session of the legislature convenes on April 25.

Commissioners in Mecklenburg County, North Carolina have agreed to a change in the county’s ethics code preventing themselves and other county employees from soliciting or receiving tickets to cultural or sporting events supported by the county.

If the county has included money, either directly or indirectly, or if an employee knows or has reason to know county money may be requested for an event, employees will no longer be able to receive complimentary tickets. County employees are still free to purchase their own tickets to sporting and cultural events without violating the new policy.

Photo of the Charlotte, North Carolina skyline by Riction on Wikipedia.

Last Friday when I was writing my Highlighted Site of the Week post about the Sunshine Week website, I added some links to places for further study. In my haste I showed the last link for the “Best Practices for State Campaign Finance Disclosure, 2010” as being a project of SunshineWeek.0rg. Well, this isn’t the case, and I knew better. It belongs to the site FollowTheMoney.org, a project of the National Institute on Money in State Politics.

I send a big thank you to the National Institute on Money in State Politics for emailing me, showing appreciation for our blog, and very kindly setting the record straight.

If you dig into FollowTheMoney.org, you will see what an important resource it is for government transparency. In addition to the Best Practices data, you will find the Legislative Committee Analysis Tool, Point of Interest interactive maps, and many other features and mashups. You can filter your search results to your own congressional district and even use an API to stream their data onto your own website. Their motto: Jump Into the Data!

The National Institute on Money in State Politics offers the public information on a scale we absolutely could not get for ourselves. Their site describes the feat better than I can:

“Every two years, Institute data acquisition specialists collect, input and upload more than 90,000 contribution reports filed by 15,500 statewide, legislative and judicial candidates, 250 political party committees and 500 ballot measure committees in the 50 states. Researchers standardize donor names and code over $2 billion in contributions to 400 business categories and other interests. Programmers create open access to the records and attract thousands of users to the information. Staff also introduce users to the tools and resources and work with dozens of reporters to answer questions and provide custom data sets for their investigation.”

Thanks again to everyone at the National Institute on Money in State Politics. I hope our readers take the opportunity to view their powerful website.

This week is Sunshine Week, when people across the country celebrate the importance of government transparency and warn against the dangers of government secrecy. The organization behind the celebration has a website, SunshineWeek.org, and this is our Highlighted Site of the Week.

According to the site, Sunshine Week is “a national effort spearheaded by the American Society of News Editors. The key funder has been the John S. and James L. Knight Foundation, with significant support from ASNE Foundation. In 2011, The Gridiron Club and Foundation contributed $10,000.” The week-long celebrations include groups across the country finding creative ways to raise awareness for freedom of information – through songwriting, hosting public forums, having classroom discussions, writing editorials to newspapers, and much more. This week also marks the 12th National Freedom of Information Day on the 16th.

The White House honored the week. Steve Croley, Special Assistant to the President for Justice and Regulatory Policy, offered this blog post on the White House blog in honor of Sunshine Week. They have provided their analysis of how transparency improvements have been made on their Open Government Initiative web page.

For more information about Sunshine Week, you can follow their blog. You can also find many resources on the United States Department of Justice’s Freedom of Information Act website (foia.gov). Another item of interest to our readers is the “Best Practices for State Campaign Finance Disclosure, 2010” from the National Institute on Money in State Politics found on followthemoney.org.

Have a terrific weekend everyone!

With the advent of Gov 2.0 technology, there has been a hopeful movement toward government transparency, with state government spending being one key area. For those interested in following transparency news that affects government procurement, Govtech.com published an article by Matt Williams called “State Spending Transparency Greatly Improved from 1 Year Ago, Survey Says.”

Williams draws his information from U.S. PIRG, the federation of state Public Interest Research Groups, which published their Executive Summary of 2010.

This quote from U.S. PIRG’s website gives us an idea of what they were evaluating:

“State governments across the country have been moving toward making their checkbooks transparent by creating online transparency portals – government-operated websites that allow visitors to see who receives state money and for what purposes. Forty states provide transparency websites that allow residents to access databases of government expenditures with ‘checkbook-level’ detail. Most of these websites are also searchable, making it easier for residents to follow the money and monitor government spending.”

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Ms. Ravel is the commission’s first chairwoman and has an established career in public service. She has served as counsel for Santa Clara County and most recently with the U.S. Justice Department.

Ravel has indicated she may reverse the recently enacted policy of publishing allegations on the FPPC’s website before investigations are concluded out of consideration for politicians and others who may be wrongfully accused of an infraction and later cleared.

Ms. Ravel replaces Dan Schnur, a Schwarzenegger appointee, atop the commission.

Photo of Ann Ravel courtesy of the Santa Clara County website.

Directors of the California Public Employees’ Retirement System (CalPERS) adopted several new ethics proposals. Among the proposals are rules to regulate fee payments to placement agents, who help funds gain access to CalPERS decision makers, and rules to ensure the same staff members who negotiate investment deals do not monitor their success.

Additionally, the directors approved a requirement for investment partners to hold meetings in modest office settings instead of vacation resorts. The directors postponed decisions on proposals to reduce or eliminate travel, gifts, and other accommodations outside investment firms provide board members, and to impose a two-year “revolving door” ban on certain CalPERS employees.

These regulations being put in place are in line with legislation taking effect earlier this year requiring placement agents to register as lobbyists and regulating how the agents are paid.

Photo of CalPERS headquarters by Coolcaesar on Wikipedia.