Federal:

Hero or Hired Gun? How a British Former Spy Became a Flash Point in the Russia Investigation.
Washington Post – Tom Hamburger and Rosalind Helderman | Published: 2/6/2018

Former British spy Christopher Steele wrote memos that came to be known as the dossier and has become the central point of contention in the political brawl raging around the Russia inquiry by special counsel Robert Mueller. Some consider Steele to be a hero, a latter-day Paul Revere who, at personal risk, tried to provide an early warning about the Kremlin’s unprecedented meddling in a U.S. campaign. Those who distrust him say he is merely a hired gun leading a political attack on President Trump.  Steele himself struggled to navigate dual obligations – to his private clients, who were paying him to help Clinton win, and to a sense of public duty born of his previous life.

Trump Picks New Federal Ethics Chief
Politico – Josh Gerstein | Published: 2/7/2018

President Trump nominated a new director for the Office of Government Ethics (OGE), several months after the previous director, Walter Shaub, resigned over frustration with the administration. Trump nominated Emory Rounds, a current associate counsel at the OGE, to head the independent agency. Rounds previously served as an ethics attorney at the Commerce Department and in the Judge Advocate General’s Corps of the U.S. Navy.

White House Officials Knew About Porter’s Abuse Allegations and Scrambled to Protect Him
CNN – Kaitlin Collins, Kevin Liptak, and Dan Merica | Published: 2/8/2018

President Trump’s staff secretary, Rob Porter, resigned after his two ex-wives accused him of physical and emotional abuse, with one presenting pictures of her blackened eye. Porter was the gatekeeper to the Oval Office, determining which policy proposals reached the president’s hands and screening the briefing materials his visitors shared with him. Sources said the allegations against Porter had contributed to a delay in granting him a permanent security clearance. Aides had been aware generally of accusations against Porter since late last year, White House advisers said.

From the States and Municipalities:

Arizona – Arizona House Expels Yuma Rep. Don Shooter After Sexual-Harassment Findings
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 2/1/2018

The Arizona House voted to expel a Republican lawmaker after a report ordered by legislative leaders of his own party showed he engaged in a pattern of sexual harassment toward women. Rep. Don Shooter is believed to be the first state lawmaker in the U.S. to be voted out of his seat since the #MeToo movement against sexual misconduct began in the fall. Shooter was facing censure, House Speaker changed his mind after Shooter sent a letter to his colleagues asking that they delay the vote to consider whether there also are credible charges against Rep. Michelle Ugenti-Rita, who was the first to level harassment charges against Shooter.

California – Oakland Asks District Attorney to Investigate Alleged Bribes by Cannabis Lobbyist
East Bay Times – Darwin BondGraham | Published: 2/2/2018

A man who Oakland City Council President Larry Reid says tried to bribe him to help obtain a cannabis dispensary permit also allegedly offered two businessmen assistance in getting a dispensary license in exchange for bags of cash. Developer Dorian Gray tried in January to give Reid an envelope he said had $10,000 in it, Reid said. Gray then approached the city official who oversees Oakland’s cannabis permit office and offered him a free trip to Spain to tour cannabis lounges there. The matter has been referred to the to the Alameda County district attorney’s office. The city’s Public Ethics Commission has opened its own investigation.

District of Columbia – D.C. Council Approves Fair Elections Act
Washington Times – Julia Airey | Published: 2/6/2018

The District of Columbia Council gave final approval to legislation authorizing publicly financed campaigns, clashing with Mayor Muriel Bowser, who vowed she would not fund the program. The voluntary system would allow qualified candidates to receive a base sum that varies by office, with a maximum of $160,000 for the mayoral contest as well as a five-to-one match on small donations. Supporters say the program will open local politics to new candidates, increase the power of small donors, and reduce the influence of wealthy campaign contributors. But critics including Bowser say the program, estimated to cost city taxpayers $5?million a year, will waste precious funds.

Florida – FBI Lays Out Case for Bribery, Mail Fraud in Search Warrant
Tallahassee Democrat – Jeff Burlew | Published: 2/5/2018

An FBI search warrant lays out a “pay-to-play” scheme where Tallahassee City Commissioner Scott Maddox allegedly received tens of thousands of dollars in payments from clients seeking to do business with the city through his friend and business associate Paige Carter-Smith, owner of the lobbying firm Governance Services. Among the firm’s clients were Uber and FBI undercover agents posing as developers and a medical marijuana entrepreneur. The warrant says Maddox sold Governance Services to Carter-Smith between 2010 and 2012. After the sale, Maddox denied keeping an interest in the company, but continued his control of the firm and profited from its work.

Florida – Tallahassee Commission Adopts Broad New Ethics Rules
Tallahassee Democrat – Jeffrey Schweers | Published: 2/3/2018

The Tallahassee City Commission adopted an ethics reform ordinance that includes a ban on elected or appointed officials soliciting gifts from vendors, lobbyists, or tenants of city property, prohibits elected or appointed officials from accepting any gifts totaling over $100 in any calendar year, and a requires elected officials to file their financial disclosure forms and quarterly gift forms with the city treasurer-clerk. An ethics complaint filed at the same time with any law enforcement agency or the Florida Commission on Ethics will be put on hold until the other agency concludes its investigation.

North Carolina – Lobbyist Charged with Felonies After Investigation of Bail Bonds Advocacy
Raleigh News and Observer – Colin Campbell | Published: 2/7/2018

Raleigh attorney and lobbyist Mark Bibbs was indicted on 10 charges, including obstruction of justice, perjury, and lobbying without registering. Prosecutors said Bibbs lobbied legislators on behalf of a bail bonds company without properly registering and then lied under oath about his actions to the North Carolina secretary of state’s lobbying compliance investigators. Investigators spent months looking into Bibbs’ work in 2016 on behalf of NC Bail Academy, Rockford-Cohen Group, All American Bail Bonds, and Cannon Surety. A complaint about Bibbs’ activities was filed by Robert Brawley, a former state lawmaker who was a partner in the Cannon Surety business.

North Carolina – Supreme Court Temporarily Blocks Stanford Professor’s Election Districts for Wake and Mecklenburg
Raleigh News and Observer – Anne Blythe | Published: 2/6/2018

The U.S. Supreme Court partly granted a request from North Carolina Republicans to block a voting map drawn by a federal court. That court had interceded after finding a map drawn by state lawmakers for the General Assembly had relied too heavily on race and had violated state laws. The Supreme Court’s order, which was brief and gave no reasons, partly blocked that decision while the justices consider whether to hear an appeal in the case.

South Carolina – SC Special Prosecutor Wants to Toss Out Quinn’s Guilty Plea If He Won’t Admit Crime
The State – John Monk | Published: 2/5/2018

Special prosecutor David Pascoe said when former South Carolina Rep. Rick Quinn pleaded guilty to misconduct in office in December, he did so without actually admitting to any crime. Therefore, Pascoe in said in court filings, Quinn should revise his guilty plea. Pascoe wants him to make it clear he intended to commit a crime when he failed to report that a business he was associated with received nearly $30,000 from the University of South Carolina. Quinn’s crime was failure to disclose that payment, Pascoe says, adding it was legal for the business to take the university’s money.

Tennessee – Mayor Barry Recommended City Job for Daughter of Officer with Whom She Had Affair
The Tennessean – Anita Wadhwani | Published: 2/6/2018

Within months of taking office, Nashville Mayor Megan Barry recommended the adult daughter of the head of her security detail – the man with whom she later admitted to having an affair – be hired for a job in the city’s legal department. The daughter got the job. The position as an entry-level city attorney was the first newly created job in Nashville’s legal department in two years. It was not part of the existing budget. Barry approved the new job opening and no other candidate was considered. Ethics experts say that whether the mayor made the recommendation to hire the woman during her romantic relationship, or in its prelude, her involvement in a hiring decision may constitute a misuse of her office.

Virginia – Dozens of Virginia Churches Have Been Donating Cash to Campaigns for Years, Despite Law
The Virginian-Pilot – Bill Bartell | Published: 2/1/2018

For years, national Christian conservative activists have argued churches and other houses of worship should be allowed to endorse or donate money to candidates. Such support is prohibited if a religious organization wants to keep its tax-exempt status. But in Virginia, dozens of churches have been donating cash to campaigns for several years. Sen. Lionell Spruill Sr. received almost two-thirds of the $31,500 that churches have given to Virginia candidates in the past two decades. Spruill argues the checks were not campaign contributions – the churches were buying tickets for their members at a reduced price to his annual campaign fundraising dinner.

Washington – Seattle Says Facebook Is Violating City Campaign Finance Law
Reuters – David Ingram | Published: 2/6/2018

The Seattle Ethics and Elections Commission said Facebook has violated the city’s election advertising laws. It is the first attempt at regulatory action on internet companies over political ads on their platforms. The company could pay as much as $5,000 per ad in fines if it does not disclose information about campaign spending on its platform during last year’s city elections. The company has provided partial spending numbers, but not copies of ads or data about whom they targeted. The commission’s executive director, Wayne Barnett, said Facebook’s response “doesn’t come close to meeting their public obligation.”

West Virginia – Ethics Commission OKs Tourism Contract with Justice’s Greenbrier Resort
Charleston Gazette-Mail – Phil Kabler | Published: 2/1/2018

West Virginia Division of Tourism officials can partner with The Greenbrier resort in an advertising campaign after the state Ethics Commission granted the division a contract exemption. Tourism officials argued it would be an undue hardship if the state could not enter into an agreement with The Greenbrier as part of their new centralized advertising campaign. The contract exemption was needed to avoid potential conflicts-of-interest, since Gov. Jim Justice is primary owner of the resort, and as governor, has authority to hire or fire the state Secretary of Commerce and the Tourism commissioner. That effectively gives Justice direct authority over the proposed state contract with The Greenbrier, in violation of the ethics law.

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.

Louisiana Gov. John Bel Edwards has set Friday as a deadline to determine whether a special session of the Legislature will be called to close a $1 billion fiscal cliff in the state’s budget expiring in July of this year.

The session would begin February 19 and adjourn before the regularly scheduled legislative session set to convene March 12. Legislators from both parties have been working to get close enough to a resolution for Gov. Edwards to call the special session.

A special session to remedy the budget shortfall could also be called in June if it does not happen by March.

Under a California bill introduced on February 6, registered lobbyists could face suspension up to four years if found to have committed an act of sexual harassment.

Assembly Bill 2055 requires the Fair Political Practices Commission to investigate sexual harassment complaints made against registered lobbyists.

Sexual harassment would be defined as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature that arises out of or in the course of employment.

A bill was introduced in Utah restricting funds from a campaign account owned by a lobbyist.

House Bill 213 prohibits a lobbyist from using his or her own campaign account money for political purposes, unless the expenditure is in support of the candidacy of that lobbyist.

The bill passed the first reading and is currently in the House Business and Labor Committee.

National:

Just How Bad is Partisan Gerrymandering? Ask the Mapmakers.
New York Times – Michael Wines | Published: 1/29/2018

Eric Hawkins, an analyst for the political consulting firm NCEC Services, is part of a cottage industry of statisticians, computer jockeys, and political sages whose business is to turn demographic data into electoral maps. His firm works exclusively with Democrats; others – like Geographic Strategies, run by the former Republican Party redistricting expert Thomas Hofeller – are loyal to Republicans. If most mapmakers are partisan, their work goes well beyond back-room politics. A good map meets constitutional requirements, such as allotting an equal number of people to every district, and respecting racial and ethnic populations. For their part, mapmakers point out their job is to implement political will, not to determine it.

Federal:

CDC Director Resigns Because of Conflicts Over Financial Interests
Washington Post – Lena Sun | Published: 1/31/2018

Centers for Disease Control and Prevention Director Brenda Fitzgerald resigned, one day after reports that she traded tobacco stocks while heading the agency. Fitzgerald has said she divested from many stock holdings. But she and her husband were legally obligated to maintain other investments in cancer detection and health information technology, according to her ethics agreement, requiring Fitzgerald to pledge to avoid government business that might affect those interests. In Congress, some lawmakers had become increasingly concerned over Fitzgerald’s ability to do her job effectively.

Trump Groups Raised Millions, Then Paid It Out to Loyalists and a Trump Hotel
Las Vegas Sun – Kenneth Vogel and Rachel Shorey (New York Times) | Published: 1/25/2018

President Trump’s close political advisers are making millions of dollars working for several different entities gearing up for Trump’s re-election campaign, raising questions about whether they are following campaign finance laws designed to keep campaigns from coordinating with big-money outside groups. Campaign finance reports shed light on a network of groups that were formed to support Trump, but have spent less than other groups bolstering his agenda, while steering money to the president’s businesses and his most ardent surrogates.

Why the Russia Probe Demolished One Lobbying Firm but Spared Another
Politico – Theodoric Meyer | Published: 2/1/2018

Paul Manafort, President Trump’s former campaign chief, once arranged the hiring of the lobbying firms Podesta Group and Mercury to work on behalf of a nonprofit that was ostensibly independent but which prosecutors say was “under the ultimate direction” of the president of Ukraine. Manfaort has been indicted on charges that include violating the Foreign Agents Registration Act. The Podesta Group collapsed within weeks of Manafort’s indictment, but Mercury just had its best year ever. There is no single explanation for why one firm imploded while the other appears to be relatively unscathed, but it is evident the Podesta Group was under pressures that Mercury did not face.

From the States and Municipalities:

Alabama – Patricia Todd Says Campaign Subpoena Was ‘Last Straw’ in Decision to Not Seek Re-election
AL.com – Roy Johnson | Published: 1/30/2018

Alabama Rep. Patricia Todd says the state’s ethics laws regarding interactions between lawmakers and non-profits made it difficult, if not impossible, for her to get a job in her profession as an advocate in the non-profit sector. But after Todd announced she will not run for re-election, she received an offer from the Consumer Financial Education Foundation of America which she accepted. Todd said potential employers were skittish about regulations that consider anyone whose job entails speaking with a legislator as a lobbyist, and rules around interactions between lawmakers and lobbyists are strict.

Florida – Proposed Change to Sexual Harassment Bill Adds Sex to Lobbying Gift Ban
Florida Politics – Ana Ceballos | Published: 1/29/2018

Sexual favors between Florida legislators and lobbyists could be illegal under a proposed amendment to a bill. Sen. Lauren Book wants to incorporate any type of sexual conduct, whether engaging in it or directing others to do it, into the state’s gift ban. The change would apply to any public official, including an “employee of an agency or local government attorney.” It would also require anyone who files a public disclosure of their financial interests to certify they have reviewed the new gift ban policy.

Illinois – IG Office: Sex harassment legislation needs teeth for lobbyists
State Journal-Register – Maximilian Kwiatkowski | Published: 1/30/2018

Sexual harassment legislation passed last year is weak when it comes to requiring lobbyists to cooperate with investigations, according to two representatives of the Illinois secretary of state’s inspector general’s office. Deputy Inspector General Randy Blue said the laws do not contain strong enough penalties or ways to enforce the rules on lobbyists working in the Capitol. Prior to the legislation, the secretary of state’s jurisdiction involving lobbyists was solely with their registration and expenditure reports. Now, it oversees sexual harassment allegations, too.

Kansas – Kansas Intern Confidentiality Rule: What happens in a lawmaker’s office stays there
Kansas City Star – Lindsay Wise (McClatchy) and Hunter Woodall | Published: 1/29/2018

The Kansas Legislature requires interns to sign agreements to keep anything that takes place or is said in a lawmaker’s office confidential, or the interns could be fired. Employment law experts who reviewed the agreement say it is written so broadly it could deter interns from reporting harassment or illegal activity, and might violate the First Amendment. Legislative leaders say the agreement is intended to remind interns that private political discussions should stay private, although they acknowledge the intention is not clear.

New York – 2 Donors Plead Guilty, but the Mayor Is Not Charged. Why?
New York Times – William Rashbaum and William Neuman | Published: 1/26/2018

A major donor to New York City Mayor Bill de Blasio testified he made donations to an elected official that sources identify as the mayor to win favorable treatment from City Hall. Harendra Singh made the “pay-to-play” assertion during a plea proceeding in October 2016, but his statement remained hidden from public view until now. The mayor’s ties to Singh and several other campaign donors for whom he did favors were investigated by federal prosecutors. They decided not to bring charges against de Blasio or his aides, but in doing so, they issued a cutting statement raising questions about the mayor’s ethics and making it clear he had done favors for donors.

North Carolina – In Power Struggle with GOP Lawmakers, Cooper Wins Election Board Revamp Lawsuit
Raleigh News and Observer – Anne Blythe | Published: 1/26/2018

The North Carolina Supreme Court limited the Republican-dominated Legislature’s efforts to minimize Democratic Gov. Roy Cooper’s ability to pursue his goals, declaring unconstitutional a law devising a state elections board that hinted at deadlock. The justices ruled Cooper could not be forced to pick a politically divided, eight-member elections board from names the two major political parties selected. The law prevented the governor from removing members with whom he disagreed unless there was wrongdoing. The law makes Cooper unable to fulfill his duties to ensure election laws are followed because half of the board will be people who will probably oppose the governor’s policy preferences, the majority opinion said.

South Dakota – Ex-SD Lawmaker Returns Lobbyist Credentials Amid Concerns
Rapid City Journal – Bob Mercer | Published: 1/29/2018

Former South Dakota Sen. Corey Brown said he has given back the lobbyist badge he received to represent Sanford Health at the 2018 legislative session amid a concern he might be breaking a state law. The Legislature decided last year that many former state government officials must wait two years before starting work as private lobbyists in South Dakota. Brown retired from the Legislature at the end of 2016. He began work January 8 for Sanford Health as senior legislative specialist for South Dakota. “The confusion comes because there are different interpretations of the law,” Brown said.

Tennessee – Nashville Mayor Megan Barry Admits to Extramarital Relationship with Top Police Security Officer
The Tennessean – Joey Garrison, Nate Rau, and Dave Boucher | Published: 1/31/2018

Nashville Mayor Megan Barry apologized for having an affair with the head of her security detail, Sgt. Robert Forrest Jr. of the Metropolitan Nashville Police Department. The affair has drawn scrutiny to the overtime that Forrest accrued while managing her detail. Forrest accompanied Barry on trips to Paris, Athens, Washington, New York, and other cities in the past year. He racked up around $33,000 in expenses for the trips and more than $50,000 in overtime in 2017 on top of an $84,500 salary. Nine of the trips were only Barry and Forrest, including a trip to Greece in September.

Wisconsin – Wisconsin Ethics Commission Hits Pause Button after Senate Rejects Director
Milwaukee Journal Sentinel – Patrick Marley | Published: 1/25/2018

Wisconsin Ethics Commission Administrator Brian Bell returned to his old job at the state Department of Safety and Professional Services as a policy analyst, two days after Senate Republicans refused to confirm his appointment to the commission. Ethics Commission Chairperson David Halbrooks said he hoped to eventually bring back Bell as its director but wanted to wait to see what happens on the legal and legislative front in the coming weeks.

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.

Campaign Finance

National: “How the Koch Network Learned to Thrive in the Trump Era” by James Hohmann and Michelle Ye Hee Lee for Washington Post

Illinois: “Cook County Cook County Assessor Berrios Sues Over Ordinance Limiting Campaign Contributions” by Ray Long for Chicago Tribune

Maine: “Maine GOP Director’s Links to Anonymous Website Add Fuel to Ethics Complaint” by Michael Shepherd for Bangor Daily News

Texas: “Does Business Group’s Use of ‘Dark Money’ for Its Political Action Committee Follow State Ethics Rules?” by Jay Root and Ryan Murphy for Texas Tribune

Ethics

National: “Andrew McCabe, FBI Deputy Director, Steps Down Amid Trump and Republican Criticism” by Kevin Johnson and David Jackson for USA Today

Kansas: “Kansas Intern Confidentiality Rule: What happens in a lawmaker’s office stays there” by Lindsay Wise (McClatchy) and Hunter Woodall for Kansas City Star

Legislative Issues

Maryland: “Ethics Panel Finds Baltimore Del. McCray Breached Legislature’s Conduct Standards” by Staff for Baltimore Sun

North Carolina: “In Power Struggle with GOP Lawmakers, Cooper Wins Election Board Revamp Lawsuit” by Annew Blythe for Raleigh News and Observer

Lobbying

United Kingdom: “New Lobbying Rules for Business to Come into Force” by Staff for Insider.co.uk

National:

Inside Facebook’s Year of Reckoning
Washington Post – Elizabeth Dwoskin | Published: 1/22/2018

Mark Zuckerberg said Facebook would step back from its role in choosing the news that 2 billion users see on its site every month. The move was one result of an 18-month struggle by Facebook to come to grips with its dark side. As outsiders criticized the social network’s harmful side effects, such as the spread of disinformation and violent imagery, internal debates played out over how forthcoming to be about Russian meddling on its platform during the 2016 election and how to fight the perception that Facebook is politically biased. Right now, the company is not confident it can prevent the problems that roiled Facebook during the 2016 presidential campaign.

Federal:

Big Pharma Greets Hundreds of Ex-Federal Workers at the ‘Revolving Door’
CaliforniaHealthline.org – Sydney Lupkin (Kaiser Health News) | Published: 1/25/2018

A Kaiser Health News analysis shows hundreds of people have moved through the “revolving door” that connects the drug industry to Capitol Hill and the U.S. Department of Health and Human Services. Nearly 340 former congressional staffers now work for pharmaceutical companies or their lobbying firms. The analysis also showed more than a dozen former drug industry employees now have jobs on Capitol Hill, often on committees that handle health care policy. In many cases, former congressional staffers who now work for drug companies return to the Hill to lobby former co-workers or employees. It raises concerns that pharmaceutical companies could wield undue influence over drug-related legislation or government policy.

FBI Investigating Whether Russian Money Went to NRA to Help Trump
McClatchy DC – Peter Stone and Greg Gordon | Published: 1/18/2018

The FBI is investigating Russian banker Alexander Torshin for allegedly funneling money to Donald Trump’s 2016 presidential campaign through contributions made to the National Rifle Association (NRA). As special counsel Robert Mueller’s probe continues, investigators are now looking into Torshin, the deputy governor of Russia’s central bank who is known for his close relationships with both Vladimir Putin and the NRA, two sources familiar with the inquiry said. It is illegal to use foreign money to influence federal elections.

Fewer Than 16,000 Donors Accounted for Half the Federal Campaign Contributions in 2016
Washington Post – Michelle Ye Hee Lee | Published: 1/19/2018

More than 3.2 million Americans contributed to federal candidates in the 2016 elections, but fewer than 16,000 of them provided half the donations, a sign of the increasing concentration of donor activity in the U.S., according to a new report. The Bipartisan Policy Center’s analysis mapped the growing influence of wealthy political contributors and independent political groups in the seven years since federal court decisions unleashed a new era of big-money spending. Super PACs spent $1.1 billion in the 2016 elections, nearly 17 times more than such independent political committees put into federal races in 2010, the first year they came into existence, the report found.

The Mueller Effect: FARA filings soar in shadow of Manafort, Flynn probes
NBC News – Julia Ainsley, Andrew Lehren, and Anna Schecter | Published: 1/18/2018

Hundreds of new and supplemental Foreign Agents Registration Act (FARA) filings by U.S. lobbyists and public relations firms since Special Counsel Robert Mueller charged two of President Trump’s aides with failing to disclose their lobbying work on behalf of foreign countries. The flood of new filings provides a window into the opaque industry of foreign lobbying in Washington, D.C. The uptick, legal experts say, comes from a new awareness that a failure to disclose overseas political work could lead to federal charges.

From the States and Municipalities:

California – San Francisco Ousts a Mayor in a Clash of Tech, Politics and Race
New York Times – Thomas Fuller and Conor Dougherty | Published: 1/24/2018

The appointment of venture capitalist Mark Farrell as San Francisco’s interim mayor, and the ouster of London Breed from that position, in some ways exemplified a larger battle for the soul of the city. In seven years, the median price of a home has nearly doubled to $1.3 million – a transformation, driven by the riches of the technology industry, that continues to push out longtime residents, many of them nonwhites. Amid the debate over the tech industry’s influence, there was the powerful imagery of a black woman being thrown out of office, albeit an interim one, in a city that has a long history of discrimination against blacks.

Colorado – Puffy Jackets and Poinsettias: Gifts to Denver council members from DIA and other city offices draw ethics scrutiny
Denver Post – Jon Murray | Published: 1/22/2018

A recent advisory opinion by the Denver Board of Ethics argued the prohibition on elected officials accepting or soliciting most items worth more than $25 – from givers with a city interest – could apply to gifts from city offices the same way it does to those from outside contractors. The opinion has drawn formal pushback from the city attorney’s office and has sparked debate among council members, who may have the last word by passing an explicit exclusion for city-provided gifts to the ethics code.

Georgia – Former Atlanta City Official Gets 2 Years in Bribery Probe
Los Angeles Times – Kate Brumback (Associated Press) | Published: 1/18/2018

Atlanta’s former chief procurement officer was sentenced to serve more than two years in prison for accepting bribes in exchange for lucrative city contracts. U.S. District Court Judge Steve Jones also ordered Adam Smith to pay $44,000 restitution and a $25,000 fine. He was charged as part of an ongoing federal investigation into corruption at City Hall. Prosecutors have not publicly identified the vendor they say gave Smith envelopes of cash at meetings at restaurants every other week for nearly two years, a total of more than 40 payments.

Maine – A ‘Pro-White’ Town Manager Who Wants Races to Separate Refused to Quit. So Town Officials Fired Him.
Washington Post – Marwa Eltagouri and Kristine Phillips | Published: 1/24/2018

Tom Kawczynski put Jackman, Maine on the map when media outlets across the country began publishing stories about the town manager’s seemingly unequivocal views that Islam has no place in the Western world, and Americans would be better off if people of different races “voluntarily separate.” Officials in Jackman – a town of fewer than 1,000 people, where nearly all residents are white – remained mostly quiet about the incident until selectmen decided to fire Kawczynski. His termination could raise questions about whether towns and corporations can dismiss employees for offensive speech, which is protected by the Constitution.

New Jersey – Phil Murphy Executive Order Tightens Gift Rules for Governor
Bergen Record – Dustin Racioppi | Published: 1/18/2018

New Jersey Gov. Phil Murphy signed an executive order tightening rules on gift disclosures. The order requires the governor to disclose gifts from anyone he has met since January 16, 2015, three years before his inauguration. Anyone he met before then, Murphy said, would be considered a “pre-existing relationship.” Murphy’s predecessor, Chris Christie, came under criticism during his tenure for his use of an exemption that allowed him not to disclose gifts from people he claimed as friends.

New York – Vance Bans Donations from Lawyers with Pending Cases
New York Times – James McKinley Jr. | Published: 1/22/2018

Manhattan’s district attorney said he will no longer accept campaign contributions from lawyers with business before his office, including those representing people being investigated or prosecuted. The announcement by Cyrus Vance Jr. came after he faced heavy criticism for taking money from attorneys who represented movie mogul Harvey Weinstein and a lawyer who represented the Trump Organization in a fraud investigation. In response, Vance had asked the Center for the Advancement of Public Integrity at Columbia Law School to make recommendations for how to vet donors to eliminate potential bias.

North Carolina – Supreme Court Temporarily Blocks North Carolina Gerrymandering Ruling
New York Times – Adam Liptak and Alan Blinder | Published: 1/18/2018

The U.S. Supreme Court said North Carolina does not immediately have to redraw its congressional district maps, meaning the 2018 elections will likely be held in districts that a lower court found unconstitutional. The decision was not unexpected, because the Supreme Court generally is reluctant to require the drawing of new districts before it has had a chance to review a lower court’s ruling that such an action is warranted, especially in an election year.

Pennsylvania – Pa. Supreme Court Strikes Down Congressional Map as Unconstitutional, Orders Change Before May Primary
Philadelphia Inquirer – Jonathan Lai, Liz Navratil, and Angela Couloumbis | Published: 1/22/2018

The Pennsylvania Supreme Court threw out the state’s congressional map as unconstitutionally gerrymandered and gave lawmakers until February 9 to redraw the boundaries. Under a new map, Democrats, who hold only five of the state’s 18 congressional districts despite its status as a closely divided swing state, would likely have a much better opportunity to pick up several seats in their quest to retake control of the U.S. House. Experts have long held up Pennsylvania as one of the most extreme examples of partisan gerrymandering, in which district lines are precisely drawn to favor one political party over another.

Texas – Austin Lobbyists Agree to Disclose How Much They’re Paid
Austin American-Statesman – Elizabeth Findell | Published: 1/24/2018

Seventeen Austin lobbyist-lawyers who initially declined to cooperate with city rules requiring them to tell how much their clients pay them have changed their minds. A day before the Ethics Review Commission was set to hear ethics complaints, the city said all the lawyers had agreed to provide the information. Austin began requiring registered lobbyists last year to give a ballpark figure for what clients pay them to influence city officials, as they must disclose on the state and federal level. But at least 17 lobbyists who are also lawyers refused to do so, saying the disclosure would violate attorney-client privilege.

Wisconsin – Senate Votes to Force Out State Ethics and Elections Leaders
Wisconsin State Journal – Mark Sommerhauser | Published: 1/23/2018

The Wisconsin Senate refused to confirm the leaders of the state elections and ethics commissions, despite unanimous bipartisan support from the boards that hired them. The Senate voted against confirming elections Administrator Michael Haas and ethics Administrator Brian Bell. Majority Leader Scott Fitzgerald says he has lost confidence in both men’s ability to be nonpartisan. Both previously worked for the Government Accountability Board, which Republicans disbanded in 2015 after it investigated Gov. Scott Walker and other conservative groups. Watchdog groups have threatened to sue to keep Bell and Haas in their jobs.

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.

Campaign Finance

Canada: “Coalition of Unions Challenging Ontario’s Campaign Finance Law as Unconstitutional” by Robert Benzie for Toronto Star

Utah: “Special Interests Gave Utah Lawmakers $9 of Every $10 in Campaign Funds They Raised” by Lee Davidson for Salt Lake Tribune

Elections

National: “Inside Facebook’s Year of Reckoning” by Elizabeth Dwoskin for Washington Post

Ethics

Idaho: “High School Page Says 2 Idaho Lawmakers, Lobbyist Harassed Her Last Year” by Ruth Brown for Idaho Statesman

Maine: “A ‘Pro-White’ Town Manager Who Wants Races to Separate Refused to Quit. So Town Officials Fired Him.” by Marwa Eltagouri and Kristine Phillips for Washington Post

Maryland: “Former Baltimore County Schools Superintendent Dallas Dance Indicted on 4 Counts of Perjury” by Liz Bowie and Doug Donovan for Baltimore Sun

Nevada: “Barlow to Plead Guilty to Fraud, Resigns from Las Vegas City Council” by Jamie Munks for Las Vegas Review-Journal

Legislative Issues

Kansas: “No More Secret Votes, ‘Gut-and-Go’ Maneuvers in Kansas Legislature, Democrats Propose” by Judy Thomas, Hunter Woodall, and Laura Bauer for Kansas City Star

Lobbying

National: “Tax Law Showers Cash on Lobby Firms” by Megan Wilson for The Hill

Texas: “Austin Lobbyists Agree to Disclose How Much They’re Paid” by Elizabeth Findell for Austin American-Statesman

In a special election on January 23, Oregon voters approved Measure 101.

Measure 101 keeps taxes on health insurers, hospitals, and managed care organizations that were passed during the 2017 legislative session.

The taxes will help fund the Oregon Health Plan, the state’s Medicaid program.

Unofficial results show 61 percent of voters approved the measure, with 925 out of 1335 precincts reported.

Campaign Finance

National: “Alleged Payment to Porn Star Was Illegal Donation to Trump Campaign, Watchdog Says” by Josh Gerstein for Politico

New York: “Vance Bans Donations from Lawyers with Pending Cases” by James McKinley Jr. for New York Times

Ethics

National: “Trump Business Ethics Pledges Left Plenty of Room for Profiting” by The Associated Press for Tampa Bay Times

Federal: “Justice Department Says It Will Retry Sen. Robert Menendez Following Mistrial on Bribery Charges” by Devlin Barrett and Ed O’Keefe for Washington Post

California: “Group That First Raised Sexual Harassment Issues in Sacramento Now Has an App to Report Misconduct” by Jazmine Ulloa for Los Angeles Times

Wyoming: “As Reports of Sexual Harassment Spike, Wyoming’s Legislature Looks to Rewrite Policy” by Arno Rosenfeld for Casper Star-Tribune

Legislative Issues

Wisconsin: “Senate Votes to Force Out State Ethics and Elections Leaders” by Mark Sommerhauser for Wisconsin State Journal

Lobbying

Canada: “Six-Fold Increase in Senate Lobbying Under Trudeau, with Independents Taking Most Meetings” by Marie-Danielle Smith for National Post

Redistricting

Pennsylvania: “Pa. Supreme Court Strikes Down Congressional Map as Unconstitutional, Orders Change Before May Primary” by Jonathan Lai, Liz Navratil, and Angela Couloumbis for Philadelphia Inquirer

The Missouri House of Representatives overwhelmingly voted to pass restrictions on lobbyist gifts on Wednesday, January 17, 2018.

The proposal would ban lobbyist expenditures on individuals, with the exception of customary gifts such as flowers and other plants, and events where all members of the Legislature are invited.

House Bill 1303 has been referred to the Senate Rules, Joint Rules, Resolutions, and Ethics Committee.

National:

One Year After Women’s March, More Activism but Less Unity
New York Times – Farah Stockman | Published: 1/15/2018

The Women’s March a year ago aimed to start a movement of women from all walks of life who would continue their activism long after they had gone home. In many ways, that goal has been realized. Thousands of women threw themselves into activism for the first time in their lives, especially in red states where the events provided a rare chance to build a network of like-minded people. But as the movement evolves, differing priorities and tactics have emerged among the women, nearly all of them unpaid and spread across the country. Now, on the eve of the anniversary, a rift is emerging between two groups. The split has raised questions about who can claim the mantle of the Women’s March, and the funding and press attention that goes with it.

Federal:

House Judiciary Advances Foreign Lobby Overhaul
Roll Call – Kate Ackley | Published: 1/17/2018

The House Judiciary Committee approved a bill that would tighten oversight of lobbyists who work for foreign governments or companies. The committee voted to give the Department of Justice additional powers to enforce rules requiring lobbyists to register under the Foreign Agents Registration Act (FARA). The bill would also close loopholes in FARA and require the Justice Department to develop a strategy for enforcing the law. Critics have argued that FARA reporting requirements are unclear and contain loopholes that allow American lobbyists to avoid disclosure of their foreign clients.

Trump’s Inauguration Money Is Still Missing One Year After His Administration Took Control of the White House
Newsweek – Linley Sanders | Published: 1/18/2018

Almost one year after President Trump took the oath of office, millions of dollars from his leftover inauguration funds have still not been donated to the charities they were promised to. Trump’s inauguration committee raised a record-breaking $107 million as his administration prepared to assume the White House last year, but very little has been disclosed about where the remaining money was allocated. A watchdog group is questioning why the funds disappeared, and a member of Congress is proposing legislation to keep future administrations from obscuring their own inaugural donations.

From the States and Municipalities:

California – Lavish Bash for California Politicians and Lobbyists Gets a #MeToo Makeover
CALmatters.org – Laurel Rosenhall | Published: 1/17/2018

For more than a decade, California’s extravagant Back to Session Bash was a place to let loose. Debauchery at the party, insiders joked, ended at least one career annually. But with the Capitol reeling from accusations of sexual harassment and assault that have caused two legislators to resign and a third to take a leave of absence, the mood at the party this month was more subdued. Many wore black, a statement inspired by Hollywood actresses to highlight efforts to stop sexual misconduct.

Delaware – Lobbyists Given a Space of Their Own in Legislative Hall
Wilmington News Journal – Scott Gross | Published: 1/10/2018

Lobbyists have been offered a dedicated room at Delaware’s Legislative Hall on a trial basis. Senate President Pro Tempore David McBride announced that the state’s more than 300 registered lobbyists could use a conference room on the second floor of the statehouse, in an effort to clear out public space. McBride says lobbyists have long “camped out in the hallways, taking up couches and space” designed for citizens’ use. Senate Republicans expressed frustration, with Minority Leader Greg Lavelle questioning the need for a “comfort station” for lobbyists.

Maine – Maine Republican Party Promoting ‘Fake News’ Sites That Target Democrats
Portland Press Herald – Brian MacQuarrie (Boston Globe) | Published: 1/15/2018

Fake news – misleading stories that have mushroomed in the age of social media and that became Internet fodder during the 2016 presidential election – has found a way into Maine politics, Democrats say. Of even more concern to some Democrats: it appeared the GOP was working directly with an anonymous conservative website called the Maine Examiner, which ran a series of negative stories against Democrat Ben Chin in the runoff election for Lewiston mayor.

Minnesota – Minnesota GOP Leader Seeks Cut of Big Donations
Federal News Radio – Kyle Potter (Associated Press) | Published: 1/17/2018

Jennifer Carnahan, the new chairperson of Minnesota’s Republican Party, is seeking a 10 percent commission from large donations to the party. Campaign finance experts said they have never heard of such an arrangement. And it risks upsetting major GOP donors and activists by diverting critical resources from a party that has struggled with debt for much of the last decade, even as it prepares for two U.S. Senate elections, a wide-open race for governor, and four or more competitive congressional elections.

Missouri – Lobbyist Gift Restriction Launched from Missouri House to Senate
St. Louis Post-Dispatch – Jack Suntrup | Published: 1/17/2018

The Missouri House passed a bill that restricts lobbyist gifts to lawmakers. It now goes to the Senate, which has defeated such legislation in the past. House Bill 1303 would ban lobbyist expenditures on individuals save for customary gifts such as flowers. It would also exempt events in which every member of the Legislature is invited.

Montana – Montana Secretary of State Sends Email Criticizing Mainstream Media to 130,000 People
Helena Independent Record – Holly Michels | Published: 1/17/2018

An email sent to thousands of Montanans by Secretary of State Corey Stapleton stirred up discussion over how state resources were used to disseminate the message. The email, sent to 130,000 business owners and subscribers through an e-blast system using state funds and resources, has a subject line that reads “Be Careful What Gets Your Attention” and says there “is one huge problem with mainstream media in America.” Stapleton said the email was not in response to any specific news coverage or event, either nationally or in Montana.

New Mexico – Lobbyist Transparency Takes a Nosedive
New Mexico In Depth – Marjorie Childress and Melorie Bagey | Published: 1/13/2018

What money buys in Santa Fe is a pressing question these days in New Mexico, where in the past three years, a former secretary of state has pleaded guilty to embezzlement and a former state senator has been convicted of bribery. Over the last seven or eight years, due to public pressure following an earlier series of scandals, the New Mexico Legislature seemed to be opening the doors slightly on how decisions are made. So, it was a bit of a surprise when during the 2016 legislative session state lawmakers reduced the amount of money spent by lobbyists and their employers that has to be publicly disclosed.

South Carolina – South Carolina Lawmakers Overseeing Regulators Were Also Wined and Dined by Utility Companies
Charleston Post and Courier – Andrew Brown | Published: 1/13/2018

Years before South Carolina was saddled with two failed nuclear reactors, utility companies hosted “appreciation dinners” for the lawmakers who pick the state’s seven utility regulators.  The social affairs were held at top-end restaurants in cities across the country, with the state’s largest utilities lavishing some of the Legislature’s most influential lawmakers. All of these lawmakers were on the Public Utilities Review Committee. That little-known panel selects and oversees the commissioners who decide how much residents pay for water, gas, and electricity.

Tennessee – Tennessee Legislature’s New Home Is Less ‘Middle School,’ More ‘Corporate’
Chattanooga Times Free Press – Andy Sher | Published: 1/15/2018

In December, Tennessee lawmakers left their home in the Legislative Plaza complex to take up residence in the Cordell Hull State Building, newly renovated at a cost of $126 million. Legislative Plaza, and adjoining space in the War Memorial Building, was where lawmakers had offices and where committees did much of their work, shaping legislation that later was passed in the actual House and Senate chambers, located in the Capitol. But for all of its faults, including leaks from water fountains on the park-like plaza above, the old Legislative Plaza had more of an intimate feel, according to some lawmakers, staffers, and lobbyists.

Wisconsin – As Senate Vote Nears, State Ethics Chief Blasts Former Government Accountability Board as Partisan, Inconsistent
Wisconsin State Journal – Mark Sommerhauser | Published: 1/18/2018

Brian Bell, the administrator of the Wisconsin Ethics Commission, said he left the Government Accountability Board in 2015 because it enforced the law unevenly and one of its top attorneys, Democrat Shane Falk, “displayed open partisanship.” The denunciation comes as the state Senate is poised to vote on the confirmations of Bell and the state Elections Administrator, Mike Haas. Watchdogs signaled they may go to court over whether legislators can forcibly remove the administrators.

Wisconsin – State Report: Nearly 15 percent of Wisconsin lobbyists lobbied without authorization
Wisconsin State Journal – Mark Sommerhauser | Published: 1/10/2018

A Wisconsin Ethics Commission audit has determined that more than 14 percent of the state’s lobbyists may be engaging in unauthorized lobbying. The commission released its report without naming any of the potential violators. It planned to contact the 78 lobbyists identified for an explanation. Attorney Mike Wittenwyler who represents lobbyists told the commission before the report was released that the problems may be due to paperwork and process, not ill intent. The report also found that of the 691 registered interest groups that employ lobbyists, 74 appeared to have engaged in unauthorized lobbying.

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.

Elections

“Sharper State Divide in Congress Seen as ‘New Civil War’” by Carl Hulse for New York Times

“Bannon Is Subpoenaed in Mueller’s Russia Investigation” by Michael Schmidt for New York Times

Maine: “Maine Republican Party Promoting ‘Fake News’ Sites That Target Democrats” by Brian MacQuarrie (Boston Globe) for Portland Press Herald

Ethics

“One Year After Women’s March, More Activism but Less Unity” by Farah Stockman for New York Times

Florida: “‘He Unbuttoned My Jacket and He Felt Me Up.’ Lobbyist Details Senator’s Harassment.” by Mary Ellen Klas for Miami Herald

New Mexico: “Lawmakers OK Updated Sexual Harassment Policy” by Andrew Oxford (Santa Fe New Mexican) for NMPolitics.net

Legislative Issues

Alaska: “Gridlock in Juneau? Not If Alaska Legislators and Lobbyists Can’t Get Their Cars There” by Nathaniel Herz for Anchorage Daily News

Lobbying

Hawaii: “Mayor’s Lobbyist Will Not Need to Register with the State” by Nancy Cook-Lauer for Hawaii Tribune Herald

Elections

“The Next GOP Panic: Governors races” by Gabriel Debenedetti and Daniel Strauss for Politico

Ethics

“Trump’s ‘Fake News Awards’ Could Violate Ethics Rules” by Jason Schwartz for Politico

“How a Congressional Harassment Claim Led to a Secret $220,000 Payment” by Kimberly Kindy and Michelle Yee Hee Lee for Washington Post

Maryland: “As Calls Grow for Oaks to Resign, Senate President Refers case to Ethics Committee” by Luke Broadwater for Baltimore Sun

Wisconsin: “Amid John Doe Fallout, Heads of Wisconsin Ethics and Elections Commissions Fight for Their Jobs” by Patrick Marley for Milwaukee Journal Sentinel

Canada: “Independent Senators Seek Investigation of Beyak’s Ethics, Use of Public Funds” by The Canadian Press for Times Colonist

Legislative Issues

“To Grease Wheels of Congress, Trump Suggests Bringing Back Pork” by Alan Rappeport for New York Times

Tennessee: “Tennessee Legislature’s New Home Is Less ‘Middle School,’ More ‘Corporate’” by Andy Sher for Chattanooga Times Free Press

Lobbying

New Mexico: “Lobbyist Transparency Takes a Nosedive” by Marjorie Childress and Melorie Bagey for New Mexico In Depth