National:

Deep Sea Burial Forms First Corporate ‘Super PAC’

Federal:

ACLU Challenge to Small Piece of Campaign Finance Law May Lead to a Slippery Slope

Judge Sends Abramoff Deputy to Halfway House

K Street Suffers from Twitter Jitters

From the States and Municipalities:

Alaska

APOC Busy as Redistricting Raises Legislators’ Questions

California

California’s Center for Governmental Studies to Close

California

San Jose Eases Campaign Limits, Focuses Economic Efforts

Florida

To Interview Mayor, Reporters Must Register as Lobbyists

Kentucky

Judge Bars Group’s Ads Supporting David Williams from Airing

Massachusetts

Lally, DiMasi Conspirator Who Cooperated with Prosecutors, Sentenced to 18 Months

Montana

Group Asks Judge to Toss Campaign Finance Ruling

Pennsylvania

Nutter, Green Unlikely Allies in Same-Sex Ethics Bill

Tennessee

Corporations Signing Up to Donate Under New State Law

Texas

HISD Tightens Ethics Rules

 
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.

I saw a pattern on Eric Brown’s Political Activity Law Blog entry for today – articles talking about lobbying spending. Each one comes to us from The Hill and each one tells of dropping numbers. I thought they were significant, so here they are:

Staff article: “Lobbying Revenue – Third Quarter 2011”

“Influence industry officially in a funk” by Kevin Bogardus and Rachel Leven

“Chamber of Commerce and legal affiliate report spending $45.8M on lobbying” by Kevin Bogardus

Photo of the U. S. Capitol dome and flag by Florian Hirzinger on Wikipedia.

Lobbyists are prominently mentioned in this Wall Street Journal piece, “Washington Area Is Tops in Income” by Elizabeth Williamson.

NCSL published “Social media tools can pose ethical problems for lawmakers,” by Judy Nadler. The article explores the ethical considerations lawmakers face when using social media tools. The article raises the question about the types of relationships that are established on a network like Facebook by citing the example of someone running for office: “A ‘push’ was organized to add key lobbyists, government contractors and others as ‘friends.'” Nadler discusses government-using-social-media issues such as transparency, playing favorites, and the obligation officeholders have to choose the words they use online carefully.

The Fierce Government IT article, “‘Snapshots cannot accurately archive gov 2.0 content, says Navy official” by Molly Bernhart Walker, discusses the challenges posed by the need to keep a record of government presence in social media platforms.

From Federal Computer Week: A recent survey takes a look at mobile device trends in “Government workers using mobile to access social media, survey shows” by Alice Lipowicz.

Dave Levinthal just published the article “K Street suffers from Twitter jitters” in Politico, where he talks about how lobbyists face a world increasingly using social media.

Members of Congress and their staff are communicating more and more via Facebook and Twitter. So too, many of the companies and organizations that hire lobbyists are employing social media platforms in their communications strategies.

Levinthal’s article explains how lobbyists prefer face-to-face meetings over video conferences or Facebook updates as a way of getting their message across to lawmakers. He also stresses that lobbyists are eager to keep their clients’ information from being broadcast in all directions over social networks.

The article quotes Patton Boggs Chairperson Nick Allard in order to highlight the dilemma: “I’m sure when lawyers or lobbyists used the telegraph for the first time, they faced this kind of issue …  But you cannot be a Luddite and a lobbyist. Luddite lobbyists go out of business.”

What communications will lobbyists embrace in the face of social media? Don’t miss Politico’s analysis.

Photo of the K Street street sign by Ben Shumin on Wikipedia.

Federal:

Company Shops for Campaign Cash

Former Lobbyist Sent to Jail for a Few Hours for Taking Hill Aides to 2003 World Series Game

‘Scarlet L’ for K Street Returns as Obama Sharpens 2012 Rhetoric on Lobbyists

‘Super PAC’ American Crossroads Seeks Permission to Feature Candidates in Ads

The Outsized Returns from Lobbying

From the States and Municipalities:

California

California OKs Donations via Text

California

L.A. Ethics Commission Slaps Developer with Maximum Campaign Fine

California

Proposed California Regulations Spell Out Gift-Reporting Requirements for Elected Officials

Massachusetts

DiMasi Friend Admits Breaking Massachusetts Lobbying Law

New Mexico

GOP Files Lawsuit against Newly Imposed Campaign Contribution Limits in New Mexico

Tennessee

Tennessee Lawmaker Arrested on DUI, Gun Charges

Vermont

Judge: Republican Governors Association violated Vermont campaign finance laws

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.

Jim Sedor is editor of News You Can Use.

The Economist reported on a recent study by the analysis firm Strategas, which says companies that spend more on lobbying do better over time on the S&P 500.

Here is the article in the Economist: “Money and politics: Ask what your country can do for you” from October 1, 2011.

Brad Plumer also covered the story in “The outsized returns from lobbying” from yesterday’s Washington Post.

California Governor Jerry Brown has signed senate bill 398 into law. The bill alters definitions and reporting requirements for those who do business with the board of a public pension or retirement system to manage securities or other assets and went into effect upon signature.

Specifically, the new law modifies the definition of external managers to mean a person who is seeking to be, or is, retained by a board or an investment vehicle to manage a portfolio of securities or other assets for compensation, or a person who manages an investment fund, and who offers or sells, or has offered or sold an ownership interest in the investment fund to a board or investment vehicle. The law also alters the definition of a placement agent to a person directly or indirectly hired, engaged, or retained by, or serving for the benefit of or on behalf of, an external manger and who acts or has acted for compensation as a finder, solicitor, marketer, consultant, broker, or other intermediary in connection with the offer or sale to a board or investment vehicle either the investment management services of the external manager or an ownership interest in an investment fund managed by the external manager.

Additional changes made as the result of the new law include the exemption of placement agents from any requirements imposed by a local government agency, including lobbyist registration and reporting, if the placement agent is an employee, officer, or director of an external manager, or of an affiliate of an external manager, and the external manager is registered as an investment adviser or a broker-dealer with the Securities and Exchange Commission or any state securities regulator. Further, placement agents are exempt from local requirements if the external manager is participating in a competitive bidding process, such as a request for proposal, or has been selected through a competitive bidding process and is providing services pursuant to a contract executed as a result of that bidding process, or when the external manager, if selected through competitive bidding, has agreed to a fiduciary standard of care for the contract.

Federal:

How One Criminal Case Hit K Street

Hybrid PACs: Super PACs and Traditional PACs Can Merge

Lobbyists In On ‘Super’ Secrets

OMB Finalizes Details on White House Lobbying Reform Rules

From the States and Municipalities:

Alabama

Commission’s Opinions Further Define 2010 Ethics Law

Delaware

Colbert Takes Satirical Swipe at Abuse of Delaware Spending Disclosure Laws

Minnesota

Disclosure Rules Apply, Campaign Finance Board Says

New Jersey

N.J. Ethics Reform Efforts Bogged Down for Year

New Mexico

New Mexico Governor Signs Bill to Close Loopholes in State Contract Bidding

New York

NYC Mayor Cross-Examined at Ex-Operative’s Trial

Texas

Recall Case Likely to Extend Beyond El Paso

Utah

Lobbyists Want Keys to the Gym and Valet Parking at Capitol

Virginia

Trackers an Evolving but Undeniable Political Force

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.

Jim Sedor is editor of News You Can Use.

Registered federal lobbyists may not serve on any boards, commissions, or similar groups created by the President, the Congress, or an Executive Branch department or agency, the Office of Management and Budget (O.M.B.) has affirmed.

The O.M.B. issued its Notice of Final Guidance detailing, in a question and answer format, the limitations of federal lobbyists’ service on federal boards and commissions. The policy does not apply to full-time federal employees, state lobbyists, or employees of organizations that engage in lobbying activities. If an appointment is made pursuant to statutory authority or presidential directive by Congress or state governors, the O.M.B. encourages the appointments to be made to individuals who are not federally registered lobbyists whenever possible.

The O.M.B. policy was created at the directive of a June 18, 2010 Presidential memorandum “Lobbyists on Agency Boards and Commissions.” Federal lobbyists on boards and commission as of June 18, 2010 may serve out the remainder of their terms.

The O.M.B.’s final guidance will be effective 30 days from issuance in the Federal Register.

State Senator Lou Correa is planning to introduce legislation that would make members of the public who are appointed to serve on boards subject to the state’s revolving door provision.

The legislation would require that all board members wait 12 months after terminating board service before lobbying their former colleagues.

Photo of the California Senate chamber by David Monniaux on Wikipedia.

NCSL’s blog The Thicket at State Legislatures put up a post yesterday that discusses where legislators turn in order to get information to help them make public policy decisions.

The blog cites two sources of information and makes a comparison. The first source is a survey by NCSL, the Council of State Governments, and the State Legislative Leaders Foundation from 2002. The second source is a book called Power, Knowledge, and Politics: Policy Analysis in the States by John Hird from 2005.

The two surveys approached the question in different ways, but according to the blog post, they came up with the same rankings. Take a look at this chart, which summarizes it with bar graphs. Interest groups and lobbyists appear in eighth place on the list.

Retired Major General David W. Gay has been selected to serve as the chairman of the nine-member Citizen’s Ethics Advisory Board. Gay was initially appointed to his position on the board by then-Governor M. Jodi Rell on October 1, 2009.

Prior to his appointment, Gay served as the Adjutant General of the Connecticut National Guard from 1992 to 1999, when he retired after forty-three years of distinguished military service. His military career began in 1953 when he served in the U.S. Marine Corps. He enlisted in the Guard in 1960 as a PFC and served in several different positions and disciplines at all levels.

Further, Charles F. Chiusano has been selected to serve as vice-chairman of the board. Chiusano was appointed in 2010 by Senate Minority Leader John McKinney after he had retired from his position as vice president of Avant Business Services Corporation. Each member’s one year term fulfilling the position is effective as of October 1, 2011.

Only lobbyists in Alaska who are constituents in a state candidate’s newly certified district may donate to a candidate’s campaign, an Advisory Opinion from the Alaska Public Offices Commission has declared.

Because a lobbyist residing in a candidate’s district may contribute to a candidate, Representative Bob Lynn requested an opinion regarding whether a lobbyist in his current district could donate to his campaign when he or she may not be a constituent in his proposed new voting district.

Advisory Opinion 11-14-CD concludes candidates “will only be able to accept donations from lobbyists residing in the new district.”

Presently, only candidates for the proposed new districts, and not the current districts, are being certified by the Division of Elections. In its analysis, the Advisory Opinion also articulates, “Whether or not a lobbyist resides in the candidate’s district is determined on the day the contribution is accepted.”

Federal:

Business Executives Call for End to Anonymous Cash

In Turn to Politics, Facebook Starts a PAC

Political Embezzlement Rises as U.S. Campaign Accounts Swell

Solyndra’s Lobbying Not Disclosed by Energy under Stimulus Guidelines

From the States and Municipalities:

Colorado

Campaign Finance Law Argued Before Colorado Supreme Court

Florida

After ‘Wild West,’ Palm Beach County Lobbyists Face New Rules

Indiana

Federal Judge Strikes Down Portion of Indiana ‘Robo-Call’ Ban

Maryland

State Senator’s Future Hangs in the Balance at Corruption Trial

Minnesota

Campaign Finance Board Releases Guidelines on Ballot Initiatives

Pennsylvania

Ex-Judge Gets 17 1/2 Years in Pa. Kickbacks Case

Rhode Island

Arrested Rhode Island Representative Won’t Resign, Will Run Again

Tennessee

Tennessee Lawmakers’ Ethics Panel Has Own Critics

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.

Jim Sedor is editor of News You Can Use.