Columbus Mayor Andrew Ginther has proposed three new ordinances providing for an increase in lobbying oversight and gift disclosure, additional campaign finance disclosure, and the hiring of an inspector general. Columbus City Council is expected to hold a public hearing on the proposals in the coming weeks and to vote on them by late February.

With the lobbying proposal, Ginther wants the city to establish a new lobbyist registry to track the activity of lobbyist vendors seeking contracts with the city. Additionally, lobbyists would be required to disclose expenditures made on elected officials and department directors.

Photo of Mayor Ginther by David Paul on Wikimedia Commons.

On December 17, 2015, the Fair Political Practices Commission amended its regulations related to agency provided tickets or passes. Currently, tickets and passes an agency provides to agency officials for entertainment, amusement, or recreational events are treated as gifts.

Regulation 18944.1 creates an exception from the statutory definition of “gift” for tickets or passes provided by an agency to certain agency officials under specified circumstances, allowing agency officials to use tickets and passes without violating the state’s gift law.

The proposed regulation was adopted with a vote of 5-0. It will go into effect 30 days after filing with the Secretary of State.

The Legislative Ethics Board in Washington clarified its rule on free meals for legislators, which became effective January 1, 2015. At its December meeting, the board considered whether the rule should have more flexibility in its application in certain circumstances.

The board determined the following based on its discussion: annual, sit-down complimentary dinners to which all legislators are invited during a legislative session are not the type of dinners sought to be limited by the rule; when complimentary lunch is served at a city council meeting that is open to the public, such meal does not count toward the 12 free meals permitted under the rule; annual, sit down lunches hosted by business associations who employ lobbyists do not count against the 12 free meals permitted under the rule because such lunches are permissible under a separate exemption to the state gift ban; and potluck meals held as a result of a social relationship between a legislator and a lobbyist where the purpose of the meal is not to discuss legislative business do not count against the 12 free meals permitted under the rule.

Photo of the Washington State Capitol building by Nikopoley on Wikimedia Commons.

Commissioners, by a count of 5-4, voted to loosen the strict gift limits imposed by the county ethics ordinance. Enacted in 2010, the ordinance created a no-gift rule, prohibiting city and county officials from accepting even a bottle of water at an event.

The new rules allow gifts, including non-alcoholic beverages, worth less than $5 and create an exception for gifts of sympathy. Other changes include the burden of reporting lobbying contact shifting away from the public official to the lobbyist and immediate family members may now act as government vendors.

Proponents lauded the changes, stating the zero-tolerance rules created a trap whereby government officials and employees could inadvertently violate the code.

State Rep. Caleb Rowden pre-filed a four-point ethics reform package this week, hoping to increase accountability and transparency in government. The first change would prohibit gifts from lobbyists to any state or local elected officials as well as to their families and staff members.

The second change would institute a revolving door provision for state legislators and statewide elected officials up for election during the presidential campaign cycle. Such individuals would be barred from lobbying for one session after leaving office beginning in 2016. Elected officials up for election during the midterm elections would be barred from lobbying for one session after leaving office beginning in 2018. After 2018, the revolving door rule would apply to all state elected officials.

A third change would prohibit individuals with open candidate committees from registering as lobbyists.

The final proposed change would require elected officials to publically disclose travel expenses paid for by a third party within 30 days of receipt or within 30 days of the trip, whichever is sooner.

Speaker of the House Todd Richardson has vowed to make ethics reform a top priority when the session begins in January.

Photo of the Missouri State Capitol by RebelAt on Wikimedia Commons.

On December 1, 2015, new revisions to Canada’s Lobbyists’ Code of Conduct will take effect.  The updates to the Code of Conduct, which has not been updated since 1997, are designed to clarify the rules and restrictions on lobbying in the country.

New rules will prohibit a lobbyist from lobbying a public official if the lobbyist has campaigned for or has business interests with the public official.  New regulations addressing gifts will hold a lobbyist responsible for giving a gift the public official is not allowed to accept.

State Sen. John Schickel filed a federal lawsuit against the Kentucky Registry of Election Finance and the Legislative Ethics Board aimed at eliminating the state’s campaign contribution limits. The suit claims the $1,000 limit to individual candidates and the ban on corporate contributions are violations of free speech.

The suit also asks the court to strike down ethics rules prohibiting lobbyists from making contributions, prohibiting employers of lobbyists from making contributions while the Legislature is in session, and banning gifts from lobbyists to legislators.

Kentucky House candidate David Watson and Pendleton County judge candidate Ken Moellman Jr. have joined the suit. The state agencies have until October 6 to respond.

On September 10, a bill requiring disclosure of funding for California government officials’ travel was sent by the Legislature to the Governor. Senate Bill 21 requires a nonprofit organization paying for the actual costs of travel for an elected state officer or local elected officeholder to disclose the names of donors responsible for funding the payments. The legislation also requires a person who receives a gift of a travel payment from any source to report the travel destination on his or her statement of economic interests.

On September 2, the Municipal Securities Rulemaking Board (MSRB) requested approval from the Securities and Exchange Commission (SEC) for amendments to MSRB Rule G-20, a conflict-of-interest rule concerning gifts and gratuities. The proposed amendments include limiting gifts to $100 for municipal advisors giving gifts to employees of entities engaged in municipal securities activities. The new rules for municipal advisors also would prohibit receiving reimbursement of entertainment expenses from the proceeds of an offering of municipal securities.

“Amending the MSRB’s existing gifts rule would ensure common standards for dealers and municipal advisors that all operate in the municipal securities market,” said MSRB Executive Director Lynnette Kelly in a press release.

Q. I will be attending several upcoming conferences where legislators and other public officials will be present.   I’m not a registered lobbyist at the state level—do I still need to worry about gift limits?

A. Even if you are not a registered lobbyist, you will still need to be mindful of the various gift limits applicable to legislators and public officials you engage at these conferences.  Depending on your company’s status as a lobbyist employer, you may be subject to more stringent limits in certain jurisdictions.  It’s important to remember there is no one-size-fits-all approach to determining permissibility.  Each state addresses gift limits differently, and what will be permissible in one jurisdiction will not be permissible in another.   Further, you should not depend on the legislator or public official to know applicable gift limits.  Because gift limits may vary depending on your company’s status as a lobbyist employer, officials may not be aware of which limit to apply when accepting gifts and benefits.

Numerous states have gift exceptions specifically applicable to expenditures at national conferences to which all members of the legislature are invited (such as NCSL) as long as the expenditures are part of the conference agenda.  Examples of this include lunch/dinner events, or a sponsored state night.  However, for private dinners and events and other expenditures not included on the official agenda, you will still be subject to a state’s regular gift limits and restrictions.

In some cases, your expenditures on behalf of these individuals will need to be disclosed on a lobbyist employer report.  You will need to coordinate closely with your company’s government affairs or legal department to not only determine permissibility, but to determine whether the expense is reportable. For jurisdictions requiring disclosure, you may need to report the date of the expense, the name of the individual(s) receiving the benefit, a brief description, and the value of the expense.   Make sure to save itemized receipts.  Some jurisdictions require you to report the name and address of the vendor (such as a restaurant or catering company) and may additionally require you to determine the reportable amount by specific benefit received.  Some states do not permit meal expenditures to be calculated on a prorated basis (i.e., a dinner valued at $375, divided by the number of attendees) but instead require disclosure of a specific amount attributed to a particular legislative official or employee (i.e., $15.75 for the salmon entrée).

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(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.

A voter initiative is being developed in Orange County, California, to create a county ethics commission. The commission would enforce campaign finance limits for countywide offices as well as public ethics, including gifts and conflicts of interest.

The commission would also have a hotline where citizens could provide tips regarding ethics issues and would have the power to subpoena witnesses and documents.

If the initiative qualifies, it would appear on the November 2016 ballot. A version of the proposed initiative is available here.

On July 1, the maximum value for food, drink, or refreshment an individual may provide to an elected official or public employee in Louisiana for a single event increased from $58 to $60. This threshold value is adjusted each year by the Board of Ethics to reflect changes in the consumer price index.

The Legislative Ethics Board voted to allow Washington state legislators to accept free tickets to the U.S. Open golf tournament taking place this summer in Pierce County at Chambers Bay Golf Course. The face value of tickets is $110, which exceeds the state’s gift limit of $50.

However, members of the board reasoned legislators in attendance would not be mere spectators and would be conducting official business while at the golf tournament because they are slated to tour the golf course to learn about developments to the site.

The board conceded that lawmakers would have time to enjoy the hospitality tent and watch some of the tournament even though they would be attending on official legislative business.

Lawmakers met one final time Friday, April 17 to finalize the ethics reform bill passed at the close of the legislative session. Gov. Terry McAuliffe proposed an amendment to change the gift limit from $100 per gift, but allowing an unlimited number of such gifts, to a $100 aggregate limit from any one source.

After correcting a drafting error in the amendment, both chambers unanimously passed the measure. The new limits go into effect on January 1, 2016.

After completing work on the bill, the General Assembly adjourned sine die.

Photo of the Virginia State Capitol by Varmin on Wikimedia Commons.