May 5, 2017 •
News You Can Use Digest – May 5, 2017
National: Guns and Religion: How American conservatives grew closer to Putin’s Russia Washington Post – Rosalind Helderman and Tom Hamburger | Published: 4/30/2017 A significant shift has been underway in recent years across the Republican right. On issues including gun […]
National:
Guns and Religion: How American conservatives grew closer to Putin’s Russia
Washington Post – Rosalind Helderman and Tom Hamburger | Published: 4/30/2017
A significant shift has been underway in recent years across the Republican right. On issues including gun rights, terrorism, and same-sex marriage, many leading advocates on the right who grew frustrated with their country’s leftward tilt under President Barack Obama have forged ties with well-connected Russians and come to see that country’s authoritarian leader, Vladimir Putin, as a potential ally. The attitude adjustment among many conservative activists helps explain one of the most curious aspects of the 2016 presidential race: a softening among many conservatives of their historically hardline views of Russia.
Federal:
Code Pink Protesters at Sessions Hearing Could Face Year in Prison
New York Times – Christopher Mele | Published: 5/3/2017
A jury convicted three Code Pink activists for disrupting Jeff Sessions’ confirmation hearing to be attorney general, including one who apparently laughed during the hearing. Desiree Fairooz, who dressed up as a pink version of Lady Liberty, was found guilty on charges of parading or demonstrating on Capitol grounds and disorderly conduct. Two other activists, Tighe Barry and Lenny Bianchi, were acquitted on a count of disorderly conduct but were convicted on two separate charges of parading or demonstrating during the hearing. Both men dressed up as Ku Klux Klan members, wearing white hooded robes, and stood up before the hearing started. All three could face up to a year in prison.
Lewandowski’s Firm Appears to Offer Trump Meetings
Politico – Kenneth Voogel and Josh Dawsey | Published: 4/28/2017
A firm co-founded by Donald Trump’s original campaign manager Corey Lewandowski appears to have been pitching clients around the world by offering not only policy and political advice, but also face time with President Trump, Vice President Mike Pence, and senior members of their administration. The previously unreported firm, Washington East West Political Strategies, was created by Lewandowski and fellow Trump campaign veteran Barry Bennett, as well as an Azerbaijani oil executive and an American political consultant who works extensively in Russia, to prospect for political business in Eastern Europe. And Lewandowski and Bennett have created different firms with other partners to prospect in the Middle East, Canada, and Central America, Bennett said.
Top Ethics Officer Challenges Trump Over Secret Waivers for Ex-Lobbyists
New York Times – Eric Lipton | Published: 5/1/2017
The Office of Government Ethics (OGE) sent a letter to the White House and all executive branch agency heads asking for copies of any waivers the Trump administration may have granted to appointees exempting them from ethics rules. The OGE’s director, Walter Shaub, said the Obama administration similarly granted waivers, but the prior administration’s waivers were given “under a narrow set of circumstances” and were posted publicly on the OGE’s website. The New York Times has reported that in at least two instances, the Trump administration “secretly issued” waivers exempting officials from ethics rules.
Trump Transition Staffers Head to K Street Despite Lobbying Ban
Politico – Theodoric Meyer and Michael Stratford | Published: 5/3/2017
Donald Trump barred people who worked on his transition from lobbying for six months afterward, but at least nine people who worked on transition have registered as lobbyists. Many are registered to lobby the same agencies or on the same issues they worked on during the transition. Because of the way the six-month lobbying ban was worded, the former staffers may not be violating it. Regardless, their trips from lobbying to government service and back run counter to Trump’s campaign promise to close Washington’s “revolving door.” They also raise questions about how rigorously the White House will enforce a separate five-year lobbying ban that applies to those serving in the administration.
While in White House, Trumps Remained Selling Points for ‘Very Special’ Philippines Project
Washington Post – Drew Harwell and Matea Gold | Published: 5/2/2017
Four months into President Trump’s tenure, his business relationship with a developer who is one of the Philippines’ richest and most powerful men has emerged as a prime example of the collision between the private interests of a businessperson in the White House and his public responsibility to shape U.S. foreign policy. The potential conflict first came into focus shortly before Trump was elected, when the Philippines’ president, Rodrigo Duterte, named the Trump Organization’s partner on a Manila real estate venture as his top trade envoy. Although promotional videos for Trump Tower in the Philippines were posted online in 2013, the continued presence of the president and his daughter, Ivanka, in marketing materials for the reflects the extent to which they remain key selling points even as they have vowed to distance themselves from their global real estate and branding businesses.
From the States and Municipalities:
Colorado – Colorado Supreme Court Hears Dispute on Whether Legal Fees Count as Political Donations
Denver Post – Tom McGhee | Published: 5/2/2017
The Colorado Supreme Court heard arguments in a case that could decide whether free, or reduced-cost, legal services provided to political groups should be considered contributions under the state’s campaign finance law. In a case stemming from the 2012 University of Colorado Board of Regents race, the Court of Appeals ruled legal services must be treated like political contributions, which limit the amount a single donor can give. The high court has stayed that ruling to allow time for justices to hear the case.
Massachusetts – Regulator Sees ‘Evidence of Violations’ at Thornton Law Firm
Boston Globe – Andrea Estes | Published: 4/29/2017
State regulators are recommending that Massachusetts Attorney General Maura Healey open a criminal investigation of nine lawyers at Boston’s Thornton Law Firm as well as seven of their spouses, concluding the firm’s longtime practice of reimbursing lawyers for political contributions may have broken multiple laws. Michael Sullivan, director of the state Office of Campaign and Political Finance, said in a letter to Healey his office had concluded there is “evidence of violations” of campaign finance laws that require political contributions be made in the name of the actual donor. He said the firm as well as 16 individuals may have broken the law. Sullivan’s letter marked the first time that state officials sought criminal prosecution in a “straw donor” case.
Minnesota – Allegations Against Dai Thao Campaign Reveal Law’s Complexity
Minneapolis Star Tribune – Jessie Van Berkel and Eric Roper | Published: 5/2/2017
The Minnesota Bureau of Criminal Apprehension will investigate allegations of a failed bribery solicitation by St. Paul City Councilperson Dai Thao. Media reports indicated Thao, who is running for mayor, pressured a lobbyist for “resources” before a council vote and his campaign manager later texted the lobbyist to say a campaign donation might get him to “rethink this issue.” Lobbyist Sarah Clarke rejected the offer, citing state bribery statutes. Minnesota law prohibits a public officer or employee from requesting benefits or reward with the understanding that it will influence their power or duties. In the past five years, however, only one public official or employee was convicted under the law.
Missouri – Missouri Governor to Pay Fee for Using Nonprofit Donor List
U.S. News & World Report – David Lieb (Associated Press) | Published: 4/29/2017
Gov. Eric Greitens was fined $1,000 by the Missouri Ethics Commission for violating the state’s campaign finance law. Greitens failed to disclose last year that his campaign obtained a donor list from The Mission Continues, a nonprofit he founded in 2007. Federal law prohibits charities like The Mission Continues from intervening in political campaigns on behalf of candidates. The IRS has ruled charities cannot give donor lists to politicians but can rent them at fair market value if made available to all candidates. The ethics panel said Greitens’ campaign should have disclosed receiving the donor list as an in-kind contribution from his campaign manager, Daniel Laub.
New York – City Pays for Mets Moment, Guided by Firm with Troubled Ties to de Blasio
New York Times – J. David Goodman | Published: 4/30/2017
Several hundred city workers, tourists, and passers-by gathered near the steps of City Hall as Mayor Dill de Blasio again marked the New York Mets’ 1986 World Series victory. The event offered Dwight Gooden, the former Mets pitcher whose battles with drug addiction caused him to miss the original festivities, a chance to relive the moment. The city paid for the event, which had been conceived as a scene for a television series in development, produced by the sports radio host Amy Heart. So how did Ms. Heart get the city not only to pay for the backdrop of a scene in a television pilot but also have the mayor take part? By enlisting the influential lobbying firm of James Capalino, a friend and longtime donor to de Blasio whose business skyrocketed with the mayor’s election.
South Dakota – South Dakota Ethics Bill Lost Teeth on Its Way to Becoming Law
Sioux Falls Argus Leader – Dana Ferguson | Published: 4/27/2017
Four retired judges will be appointed in the coming months to the new government accountability board, forming the nearest thing to a state ethics board that South Dakota has had in nearly four decades. Once convened, the panel will exist as a place for South Dakotans to bring concerns about government fraud, conflicts-of-interest, and other potential wrongdoing. The compromise bill creating the board cleared the Legislature in the wake of protests over lawmakers’ repeal of a major ethics and campaign finance law approved by voters in November. Critics said the new accountability board is at best a tepid step in the right direction and at worst a symbolic move to give lawmakers cover from criticism following the repeal of Initiated Measure 22.
Tennessee – Jeremy Durham Dismisses Campaign Finance Audit, Points Finger in Fiery Letter
The Tennessean – Dave Boucher and Joel Ebert | Published: 5/3/2017
Former Tennessee Rep. Jeremy Durham offered justifications for his actions in response to 690 possible campaign law violations leveled by election ethics officials. While denying essentially any wrongdoing, the 235-page response presented to state election finance officials points the finger at legislators, overly broad state laws, and human error. The allegations against Durham range from using campaign funds to improperly buy sunglasses, suits, and spa products to inappropriately loaning thousands of dollars to his wife, a prominent fundraiser, and a professional gambler.
Texas – How the Federal Case Against John Wiley Price Fell Apart
Dallas News – Jennifer Emily, Gromer Jeffers Jr., and Kevin Krause | Published: 4/28/2017
Dallas County Commissioner John Wiley Price was found not guilty of bribery and six other counts by a federal jury that considered whether he was abusing his public office to collect about $1 million in secret profits over a decade. The jury deadlocked on four tax-related counts and the judge declared a mistrial on those charges. Price is likely the most well-known politician to ever be prosecuted by the federal government in Dallas. His confrontational style and focus on the issues of race and economic equality have made him a controversial figure, but his constituents have re-elected him for three decades. The acquittal is a surprising defeat for the U.S. Justice Department and FBI, who have spent a decade investigating and prosecuting Price.
Vermont – House Passes Ethics Commission Bill with Some Reluctance
VTDigger.org – Mark Johnson | Published: 5/2/2017
The Vermont House passed a bill creating a state ethics commission, overcoming objections about a requirement that lawmakers disclose their spouses’ sources of income. The legislation also prevents lawmakers from becoming lobbyists within a year of leaving their seats, and restricts holders of no-bid state contracts of $50,000 or more from making campaign contributions to certain candidates. A conference committee will have to iron out the differences between the House and Senate versions before the legislation goes to Gov. Phil Scott.
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.
April 28, 2017 •
News You Can Use Digest – April 28, 2017
National: Can Elections Like Georgia’s Help Predict Future Races? New York Times – Jonah Engel Bromwich | Published: 4/19/2017 The recent congressional election in Georgia was billed as having potential national implications, as an early test of whether anti-President […]
National:
Can Elections Like Georgia’s Help Predict Future Races?
New York Times – Jonah Engel Bromwich | Published: 4/19/2017
The recent congressional election in Georgia was billed as having potential national implications, as an early test of whether anti-President Trump energy could fuel Democratic victory in a traditionally Republican district. It seems likely the same will be said for scattered upcoming special elections in other states. But political scientists and pollsters who analyze races for a living say so-called bellwether races are tricky to evaluate, if they even exist at all.
Some Public Pensions Help Trump, Report Shows
U.S. News & World Report – Julia Harte (Reuters) | Published: 4/26/2017
Public pension funds in at least seven U.S. states have invested millions of dollars in an investment fund that owns a New York hotel and pays one of President Donald Trump’s companies to run it. That arrangement could put Trump at risk of violating an obscure constitutional clause. The Trump SoHo Hotel and Condominium is owned by a Los Angeles investment group, the CIM Group, through one of its real estate funds. The possible problem for Trump lies in the fact that state- and city-run pension funds have invested in the CIM fund and pay it a few million dollars in quarterly fees to manage their investments in its portfolio. In return for marketing and managing the hotel-condo, CIM pays Trump International Hotels Management a percentage of the SoHo’s operating revenues. The Constitution bars the president from receiving additional payments beyond his salary from state governments.
Federal:
Flynn Probably Broke the Law by Failing to Disclose Foreign Payments, House Oversight Leaders Say
Washington Post – Karoun Demirjian | Published: 4/25/2017
Michael Flynn, President Trump’s first national security adviser, may have violated federal law by not fully disclosing his business dealings with Russia when seeking a security clearance to work in the administration, the top oversight lawmakers from both parties in the U.S. House sad. Rep. Jason Chaffetz, chairperson of the House oversight committee, said Flynn also appeared to have inappropriately accepted the funds without permission. The declaration came after Chaffetz and other members of the committee reviewed classified documents related to Flynn, including the form he filled out in January 2016 to renew his security clearance.
Sessions Vows to Enforce an Anti-Bribery Law Trump Ridiculed
New York Times – Charlie Savage | Published: 4/24/2017
Attorney General Jeff Sessions affirmed the U.S. Justice Department’s commitment to prosecutions under the Foreign Corrupt Practices Act (FCPA), which bars corporations from bribing foreign officials to gain a business advantage. Paul Pelletier, a former deputy chief of the fraud section of the Justice Department’s Criminal Division, said Sessions’ remarks were significant because of speculation about whether the administration would ease enforcement of the act. President Trump once called it a “horrible law.” The act was little invoked or discussed for years. But around 2005, the fraud section began enforcing it much more vigorously. It has rapidly become a major factor in business decisions about overseas operations, generating big fees for law firms and large fines for the government.
Slow Pace of Trump Nominations Leaves Cabinet Agencies ‘Stuck’ in Staffing Limbo
Washington Post – Lisa Rein | Published: 4/25/2017
President Trump’s Cabinet secretaries are growing exasperated at how slowly the White House is moving to fill hundreds of top-tier posts, warning the vacancies are hobbling efforts to oversee agency operations and promote the president’s agenda. The Senate has confirmed 26 of Trump’s picks for his Cabinet and other top posts. But for 530 other vacant senior-level jobs requiring confirmation, the president has advanced just 37 nominees. The nomination process has been slowed by the unusual degree of scrutiny the White House is giving job candidates. Prospective nominees for senior posts and even some of the more junior ones must win approval from competing camps inside the White House.
Trump Inauguration Admits Errors, Vows to Correct Numerous Faulty Donor Records
HuffPost – Christina Wilkie | Published: 4/25/2017
President Trump’s inaugural committee acknowledged it made errors in a list of donors submitted to the FEC. That admission followed an unusual crowdsourced reporting project, in which HuffPost reporter Christina Wilkie asked the public to examine more than 1,500 listings of individual donors and their addresses. That effort, along with others from other news organizations, seemed to turn up more than 300 examples where the data seemed not to match reality. The scores of mistakes contained in the FEC filing can largely be traced to a fundraising and ticketing system the Republican Party introduced this year, which provided special online access codes to Trump supporters.
From the States and Municipalities:
Alabama – U.S. Top Court Preserves Alabama Campaign Finance Curbs
Reuters – Andrew Chung | Published: 4/24/2017
The U.S. Supreme Court declined to hear a challenge to Alabama’s ban on the transfer of campaign contributions between PACs. The decision left in place an appeals court ruling that the 2010 law does not unconstitutionally restrict political speech. To comply with the law, the Alabama Democratic Conference established separate banks accounts for candidate contributions and its other expenditures. It then proceeded to sue to the state and the Alabama attorney general, arguing in the law violated its First and Fourteenth Amendment rights.
California – Blacklist of Border-Wall Contractors Advanced in California Senate
Courthouse News Service – Nick Cahill | Published: 4/25/2017
Contractors would have to choose between building a border wall between the U.S. and Mexico and doing business with California under a bill that advanced in the Senate. Senate Bill 30 would blacklist companies who help to build the controversial wall that President Trump has promised to construct. In addition, Assembly Bill 946 would force the state to drop its pension investments in any companies involved in the project. Lobbyists for contractors spoke out against the bill at a hearing, saying it would create a slippery slope. “What next unpopular project would we blacklist for contractors”” asked Todd Bloomstine of the Southern California Contractors Association.
Missouri – Fewer Missouri Lawmakers Are Bunking with Lobbyists
St. Louis Post-Dispatch – Kurt Erickson | Published: 4/21/2017
Four members of the Missouri Legislature and one former deputy attorney general have rented sleeping space from lobbyists this year, compared with eight last year. Staying in a room in a lobbyist’s home is an alternative to staying in a hotel near the Capitol, where lawmakers typically work from Monday afternoon to Thursday afternoon before heading back to their home districts. Some legislators buy condominiums, homes, or duplexes during their stints in office. Disclosure reports do not offer details on how much lawmakers are paying in rent.
North Carolina – Tar Heel Republicans Override Gov. Cooper Veto in Latest Partisan Clash
Raleigh News & Observer; Associated Press – | Published: 4/25/2017
The Republican majority in the North Carolina General Assembly voted to override Gov. Roy Cooper’s veto of plans to combine elections and ethics oversight under one state board. Under Senate Bill 68, the State Board of Elections and the State Ethics Commission would be merged into an eight-person board evenly divided between Democrats and Republicans. County elections boards also would be split evenly, going against the tradition of giving a one-person majority on the state and county boards to the party of the governor. Lawmakers voted in a December special session to combine the two state boards, but a three-judge panel declared that legislation unconstitutional, ruling lawmakers had overstepped their authority. Lawmakers tweaked Senate Bill 68 to address those concerns.
Pennsylvania – Phila. Board of Ethics Fines Teamsters Local 830
Philadelphia Tribune – Layla Jones | Published: 4/22/2017
The Philadelphia Board of Ethics cited Teamsters union Local 830 for failing to follow the city’s lobbying disclosure law. During the battle in city council over Mayor Jim Kenney’s proposed sweetened-beverage tax, the Teamsters paid Frank Keel to write opinion pieces opposing the levy. The ethics board said that amounts to lobbying. The law requires lobbyists to register and their clients to file reports disclosing what they have spent to influence city policy if it is more than $2,500 in one quarter. The board says the union paid Keel $5,000 for his services. The union will pay a $2,000 penalty. Keel, who was told to register as a lobbyist, was spared a fine.
Rhode Island – Panel: Probable cause that R.I. Supreme Court justice Flaherty violated ethics code
Providence Journal – Katie Mulvaney | Published: 4/25/2017
The Rhode Island Ethics Commission voted to find probable cause that state Supreme Court Justice Francis Flaherty violated the ethics code by failing to report his service on the board of a Catholic lawyers’ group. Helen Hyde filed a complaint faulting Flaherty for not indicating on his financial disclosure statements from 2010 to 2015 that he served as president of the St. Thomas More Society of Rhode Island. Hyde alleges Flaherty held that role while presiding over her appeal before the state Supreme Court. She alleged that a Roman Catholic priest sexually abused her more than four decades ago and sought to recover damages from the Roman Catholic Bishop of Providence. Flaherty wrote the decision denying Hyde and Jeffrey Thomas damages.
Virginia – Virginia Makes Key Adjustments to Law Governing Gifts to Officials, Adds New Lobbyist Gift Notification
National Law Review – Andrew Garrahan | Published: 4/26/2017
Virginia Gov. Terry McAuliffe signed House Bill 1854, which makes changes to the state’s lobbyist and gift laws. It eliminates a controversial exception to the $100 limit on lobbyist gifts to legislators and officials, adds a key new exception to that law, and includes an additional gift notification requirement for lobbyists, among other provisions.
Washington – ‘What’s Upstream?’ Ad Campaign Funded by EPA Did Not Break Federal Lobbying Rules, Investigation Finds
Seattle Times – Joseph O’Sullivan | Published: 4/24/2017
A controversial clean-water campaign funded by the U.S. Environmental Protection Agency (EPA) did not violate federal lobbying rules, an audit by the agency’s inspector general determined. The What’s Upstream? campaign included billboards and ads to raise awareness of water issues surrounding agricultural pollution in the Puget Sound region. Some Republican lawmakers accused What’s Upstream?, which included a form letter on its website for people to contact their legislators, of being an “anti-farmer campaign.” A letter signed by 145 members of Congress cited federal law that prohibits the EPA from using money for propaganda or advocacy without congressional approval.
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.
April 21, 2017 •
News You Can Use Digest – April 21, 2017
National: Social Media Is Not Contributing Significantly to Political Polarization, Paper Says New York Times – Jonah Engel Bromwich | Published: 4/13/2017 Many have argued that social media, where users can find their viewpoints reinforced with slanted news […]
National:
Social Media Is Not Contributing Significantly to Political Polarization, Paper Says
New York Times – Jonah Engel Bromwich | Published: 4/13/2017
Many have argued that social media, where users can find their viewpoints reinforced with slanted news stories and the partisan commentary of friends, has played a role in reinforcing political polarization. But a new paper from the National Bureau of Economic Research suggests the demographic groups that have experienced the most polarization in recent years are the ones least likely to be consuming media online.
Federal:
The $1 Million Upside for an RNC Digital Guru
Politico – Shane Goldmacher | Published: 4/18/2017
The Republican Party’s top digital strategist in 2016 got a nearly $1 million payout from a firm he co-founded that collected online contributions to the party and its nominee, Donald Trump, despite earlier claims the strategist had severed his ties to the company. Gerrit Lansing’s joint roles, while legal, have raised questions of cronyism and profit-making at the Republican National Committee (RNC), and now sparked an internal review “to prevent a situation like this from happening again,” the RNC said. Operatives representing multiple GOP presidential and Senate campaigns said Lansing pushed them to use the company he co-founded, Revv, to collect their online donations after he was hired for the top RNC job, and he used the fact that the RNC was using his platform as a selling point. Lansing was subsequently named to a top role in Trump’s White House.
United Airlines Spent Millions Fighting Proposals to Protect Passenger Rights
International Business Times – Frank Bass (MapLight) and David Sirota | Published: 4/12/2017
United Airlines, facing intense criticism over its recent removal of a passenger from an overbooked flight, has reportedly spent more than $40 million in lobbying over the last decade, including on efforts to block various pro-consumer proposals. An investigation found the airline spent nearly $7.3 million in the last two-year session of Congress, largely to fight legislation that, among many things, included measures to require airlines to allow families to sit together and bar airlines from charging customers to use bathrooms on flights. In addition to the money spent on lobbying, United reportedly spent millions of dollars on federal campaign contributions and was part of a successful effort to push President Trump’s administration to delay proposed rules regarding airline fee transparency, according to the review.
With Trump Appointees, a Raft of Potential Conflicts and ‘No Transparency’
New York Times – Eric Lipton, Ben Protess, and Andrew Lehren | Published: 4/15/2017
The New York Times, in collaboration with ProPublica, said that after analyzing reports from lobbyists and interviews with ethics officials, it appears at least two of President Trump’s appointees in the White House may have violated ethics rules. Determining whether the White House violated its own ethics rules by hiring lobbyists is a murky area, however, because the investigation also found the Trump administration had secretly been issuing waivers to the rules it first introduced in a stated effort to increase transparency. Trump signed an executive order in January eliminating a rule mandating that lobbyists could not accept jobs in federal agencies they had lobbied. The elimination of that rule blurred ethical standards for at least 4,000 executive hires, the investigation found.
From the States and Municipalities:
Alabama – Donors to Former Gov. Bentley’s ‘Dark Money’ Group Still a Mystery
AL.com – Kent Faulk | Published: 4/16/2017
A legislative report that detailed Alabama Gov. Robert Bentley’s affair with an adviser and intimidation tactics used to cover it up led to his resignation and guilty plea to two misdemeanor charges. But the special investigator and author of that report for the House Judiciary Committee could not shed any new light on who may have donated money to the Alabama Council for Excellence in Government. That non-profit, dark money group, which had been formed by Bentley, paid for at least part of the salary of his senior political adviser and love interest Rebekah Mason. Attorneys in at least three different lawsuits against the Bentley administration also have questions about the organization.
Alabama – For Alabama Christians, Governor Bentley’s Downfall Is a Bitter Blow
New York Times – Alan Blinder | Published: 4/11/2017
As governor, Robert Bentley would quote the Bible before the Alabama Legislature and say God had elevated him to the state Capitol. In his dermatology practice, in the city where he was a Baptist deacon, he sometimes witnessed to patients. And when he was a first-time candidate for statewide office, his campaign headquarters were often filled with volunteers from local churches. When Bentley resigned from office and pleaded guilty to campaign finance violations in the wake of the sex scandal that ended his 50-year marriage, his downfall reflected both enduring and contemporary challenges for evangelical voters. To many of the conservative Christians who unexpectedly propelled Bentley into power, his demise was a dispiriting setback in an age when they feel their values are under siege.
Alaska – Here’s Why Alaska Legislators, Staffers and Lobbyists Are Listening to Wu-Tang Clan
Alaska Dispatch News – Nathaniel Herz | Published: 4/17/2017
A new playlist with instrumentals from Wu-Tang Clan and Pink Floyd has won a fan base among Alaska lawmakers, lobbyists, and staffers stuck watching the Legislature’s public-access channel during extended breaks from debate. The music comes courtesy of Gavel Alaska, the public television program that streams House and Senate floor debates and committee hearings. The Legislature cuts off the station’s audio feed when lawmakers bang the gavel for an “at-ease,” prompting producers to turn up the music. This year’s new mix of music has produced some happy coincidences, such as when Wu-Tang’s “C.R.E.A.M.” (short for “Cash Rules Everything Around Me”) played during a break from the House’s debate on the operating budget.
Florida – Miami Lawmaker Apologizes on Senate Floor for Using Racial Slur
Miami Herald – Patricia Mazzei, Steve Bousquet, and Kristin Clark | Published: 4/19/2017
Amid calls for his resignation, Florida Sen. Frank Artiles apologized on the Senate floor for a tirade at a club that included making derogatory comments about a fellow senator and using a racial slur. He specifically apologized to Sen. Audrey Gibson, Sen. Perry Thurston, and Senate President Joe Negron. Shortly before the floor session, Negron stripped Artiles of his chairmanship of the Communications, Energy and Public Utilities Committee. Media reports said Artiles’ tirade apparently stemmed from being upset that Gibson had voted against bills he sponsored and had asked critical questions about the measures.
Illinois – Ethics Board Expands Illegal Lobbying Review after Tribune Report on Emanuel Email
Chicago Tribune – Bill Ruthhart | Published: 4/19/2017
The Chicago Board of Ethics found probable cause that an additional eight individuals and the companies they represent violated the city’s lobbying law over emails exchanges with Mayor Rahm Emmanuel. The board will send letters notifying them they likely violated the law. They will have 10 business days to respond, then the ethics panel will meet and make a final determination on the cases. In February, the board fined former Uber executive David Plouffe $90,000 for illegally lobbying Emanuel through email on the city’s ride sharing ordinance. The release of Emanuel’s personal emails has provided the board with details of lobbying activity it has not had the wherewithal to uncover itself.
Illinois – Independent Contractor Exemption Suffers Surprise Council Defeat
Chicago Sun-Times – Fran Spielman | Published: 4/19/2017
The Chicago City Council voted down a controversial measure that would have allowed people working for aldermen as independent contractors to avoid disclosing who else is paying them and exempted them from city ethics rules. Supporters wanted to carve out the exceptions, saying they mistakenly classified independent contractors as city employees in early 2016 when they updated the city ethics code. Aldermen contended it was unfair to categorize the contractors as employees because it would require them to disclose details about their own businesses that do not belong in the public realm. City Board of Ethics Chairperson William Conlon called the proposal “a very unhealthy secrecy that they are legislating into the laws of the city.”
Michigan – Macomb Co. Clerk Has Aide Call 911: Reporters harassing me
Detroit Free Press – Christina Hall | Published: 4/17/2017
Macomb County Clerk/Register of Deeds Karen Spranger’s turbulent first year in office hit another bump recently when she ducked into a restroom to avoid a television news reporter and then had an employee call 911 to report she “felt harassed” and wanted “reporters to stop asking her questions” about problems in her office. Spranger, who less than four months into her tenure is facing a federal whistleblower lawsuit and possible litigation on another matter, had Deputy Register of Deeds Jacqueline Ryan make two emergency calls. Deputies from the sheriff’s office were dispatched to the county administration building. The deputies explained to both Ryan and Spranger “that the press is within their constitutional rights to be on the premises of a public building and request comments from public employees.”
Missouri – Decrease in Lobbyists’ Gifts Hasn’t Limited Influence at the Missouri Capitol
Columbia Missourian – Sky Chadd | Published: 4/16/2017
The amount of money that lobbyists spend on Missouri lawmakers decreased in recent years, and many legislators promised not to accept lobbyists’ gifts or have them pay for meals. But that has not decreased their influence. Lobbyists still take lawmakers to lunch, though some pay for their own meal. They still testify at committee hearings, and they still converse with legislators in the Capitol’s rotunda. More than money, the most valuable thing lobbyists provide is information, lawmakers and lobbyists said. Legislators, in part because of term limits, have a short amount of time to understand the issues they vote on, and lobbyists can help fill in the gaps.
Missouri – Ethics 101: What defines a lobbyist in Missouri?
KSMU – Jennifer Moore | Published: 4/13/2017
Missouri law permits lawmakers to accept gifts like trips, meals, and tickets from lobbyists. And there is no limit on how much a lobbyist can spend on an elected official. Gov. Eric Greitens would like to ban lobbyist gifts, but with only a month left in this year’s legislative session, that may not happen this year. While that debate continues, KSMU offered a refresher on Missouri law regarding what defines a lobbyist.
Montana – Bullock Appoints Former State Lawmaker as Montana’s New Political Practices Commissioner
The Missoulian – Matt Volz (Associated Press) | Published: 4/19/2017
Gov. Steve Bullock appointed a former state lawmaker to be Montana’s top political watchdog. Jeff Mangan will replace Jonathan Motl as the commissioner of political practices. Mangan’s appointment must be approved by the state Senate. Motl’s term ended on January 1, but he has remained in office while a replacement was found. Republicans have said Motl has targeted them unfairly, a claim he has denied.
Texas – TABC Chief Will Resign after Agency Used Your Tax Dollars to Travel to Booze Industry Conferences
Dallas News – Dagney Pruner | Published: 4/18/2017
Texas Alcoholic Beverage Commission (TABC) Executive Director Sherry Cook said she will resign in May amid revelations she spent state money on expensive trips to conferences funded largely by liquor companies. The revelations came after the leak of an internal flyer portraying Cook and other agency leaders in an airplane drinking bottles of Lone Star Beer ahead of a conference in San Diego. The caption of the flier reads “Here we come California! Woo Hoo!!!” Cook and other liquor officials received additional benefits during their travels, including “hazardous duty pay” after they received training to be peace officers. The number of state-provided cars allocated to the TABC also more than doubled since 2008 because of the peace-officer training.
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.
April 14, 2017 •
News You Can Use Digest – April 14, 2017
Federal: Can Democrats Cuss Their Way Back to the White House? McClatchy DC – Alex Roarty | Published: 4/11/2017 After voters rewarded Donald Trump despite – or perhaps because of – his plain, often expletive-prone rhetoric, Democrats are suddenly […]
Federal:
Can Democrats Cuss Their Way Back to the White House?
McClatchy DC – Alex Roarty | Published: 4/11/2017
After voters rewarded Donald Trump despite – or perhaps because of – his plain, often expletive-prone rhetoric, Democrats are suddenly quite eager to adopt the language of America’s president. From the party’s new chairperson to a senator many believe will run for the White House in 2020, Democrats are letting loose four-letter words in public speeches and interviews, causing a small stir, at least in political circles, where swearing in public is usually off limits.
FBI Obtained FISA Warrant to Monitor Trump Adviser Carter Page
Washington Post – Ellen Nakashima, Devlin Barrett, and Adam Entous | Published: 4/11/2017
The FBI obtained a warrant to secretly surveil former Donald Trump aide Carter Page last summer under the Foreign Intelligence Surveillance Act. The FBI and Justice Department demonstrated probable cause that Page is acting on behalf of a foreign state to be granted the warrant. This is the clearest evidence so far the FBI had reason to believe during the 2016 presidential campaign that a Trump campaign adviser was in touch with Russian agents. Such contacts are now at the center of a probe into whether the campaign coordinated with the Russian government to swing the election in Trump’s favor. Page has not been accused of any crimes, and it is unclear whether the Justice Department might later seek charges against him or others.
Foreign Influence in the U.S. Cloaked in Unnecessary Obscurity, Watchdog Groups Say
Roll Call – Stephanie Akin | Published: 4/12/2017
The U.S. has required American citizens who lobby on behalf of foreign governments to register with the Department of Justice since 1938. Registrants are supposed to periodically update the government about their activities, including the materials they have distributed, meetings they have attended, and the payments they have received. The result is a large volume of paperwork that, if properly collected and maintained, could provide a window into the attempts of foreign governments to influence American lawmakers. But the technology the government uses to catalogue and store the data is so outdated that it is next to impossible to quickly find the answers to many basic questions, according to nonprofit groups familiar with the database.
Trump’s Trademark Continues Its March Across the Globe, Raising Eyebrows
New York Times – Sharon LaFraniere and Danny Hakim | Published: 4/11/2017
For most of last year, Donald Trump’s application to register trademarks for his brand of home accessories languished in a government office in Lima, Peru. But since he was elected in November, the pace has picked up. Peruvian officials say they are treating Trump’s trademark applications like anyone else’s and are acting on them now simply because his business representatives have answered outstanding questions. But to a team of constitutional lawyers, the pending Peruvian petitions are emblematic of the legal and moral perils in Trump’s continued ownership of his business empire. In a federal lawsuit that has set up a high-stakes legal battle with the administration, they argue the Constitution prohibits the president from accepting any economic benefit, including trademark approvals, from foreign governments.
From the States and Municipalities:
Alabama – Alabama Governor Resigns, Pleads Guilty to Charges Tied to Allegations He Tried to Cover Up Affair with a Top Aide
Washington Post – Amber Phillips | Published: 4/10/2017
Alabama Gov. Robert Bentley resigned rather than face impeachment and pleaded guilty to two misdemeanor campaign violations that arose during an investigation of his alleged affair with a top aide. The plea agreement specified he must surrender campaign funds totaling nearly $37,000 and perform 100 hours of community service as a physician. Bentley also cannot seek public office again. Bentley was first engulfed in scandal last year after recordings surfaced of him making sexually charged comments to Rebekah Mason. A House Judiciary Committee report said Bentley encouraged an “atmosphere of intimidation” to keep the story under wraps and directed law enforcement officers to track down and seize the recordings.
Massachusetts – Massachusetts Judge Upholds Ban on Corporate Contributions to Politicians
MassLive.com – Shira Schoenberg | Published: 4/6/2017
A Massachusetts law banning corporations from making political donations survived a legal challenge on when a judge ruled against two local business owners seeking to overturn the restriction. Superior Court Judge Paul Wilson found the law does not unconstitutionally discriminate against a business’s right to free speech or equal protection. He also ruled the Office of Campaign and Political Finance successfully showed the law treating unions and corporations differently “serves the anti-corruption interest” used by the state as justification for the law.
Mississippi – Bryant Signs Campaign Finance Reform into Law
Jackson Clarion-Ledger – Geoff Pender | Published: 4/11/2017
Legislation that would prohibit politicians from using their campaign finance funds for personal use was signed into law by Mississippi Gov. Phil Bryant. The new law comes after an ongoing investigative report by The Jackson Clarion-Ledger that illustrated how the state’s lax campaign finance laws and nearly nonexistent enforcement had created a tax-free second income for many Mississippi politicians, mostly funded by special interests.
Missouri – Ferguson Re-Elects White Mayor 2 Years After Mike Brown Incident
New York Times – John Eligon | Published: 4/5/2017
Although much of the activism for racial justice today stems from the killing of Michael Brown by a white police officer in Ferguson, Missouri, voters in the town re-elected James Knowles III, a white Republican who has been the object of much scorn among those who believe the city has discriminated against black people. About 67 percent of the city’s 21,000 residents are black, and 29 percent are white. Some activists are now assessing what is happening politically for black people and whether there needs to be a complete rethinking of how they engage with mainstream politics.
Nevada – What Is a Conflict of Interest? Lawsuit against Reno Lawmaker Might Decide.
Reno Gazette-Journal – Seth Richardson | Published: 4/8/2017
State Sen. Heidi Gansert works for the University of Nevada, Reno as executive director of external relations, Gansert’s focus is on economic development for the university. The Nevada Policy Research Institute (NPRI) filed a lawsuit that argues her job presents a conflict-of-interest to her role as a state senator. As a university employee, Gansert is a part of the Nevada System of Higher Education in the executive branch. As an elected lawmaker, she is serving in the legislative branch and votes will come up on a variety of higher education bills. Gansert’s case is not isolated and illustrates the sometimes precarious positions of lawmakers professional careers and public service. With Nevada’s citizen legislature, lawmakers almost always have an outside job. Sometimes, those two lives can seem at odds with each other.
New Jersey – N.J. Election Watchdog: State needs pay-to-play reform
Bergen Record – Nicholas Pugliese | Published: 4/6/2017
Political contributions made by New Jersey’s public contractors declined in 2016 for the third year in a row, but the Election Law Enforcement Commission (ELEC) remains concerned about the rise of PACs and issue-advocacy groups that are not subject to “pay-to-play” restrictions and disclosure requirements. New Jersey law generally bars any company with a contract worth more than $17,500 from giving more than $300 to gubernatorial candidates and party fundraising committees. Any contractor that gives money must disclose that to the ELEC.
New Mexico – Governor Vetoes Campaign Finance Reform
New Mexico In Depth – Trip Jennings | Published: 4/7/2017
New Mexico Gov. Susana Martinez vetoed legislation that would have required greater public disclosure by those who spend big money in campaigns. Senate Bill 96 would have updated the law to address the proliferation of unlimited election fundraising and spending by independent groups since a 2010 U.S. Supreme Court decision. It would have required any groups making independent campaign expenditures before primary or general elections to report the source of their money. The bill also would have doubled campaign contribution limits for lawmakers.
New Mexico – Martinez Vetoes Bill to Close Lobbyist Loophole
New Mexico In Depth – Sandra Fish | Published: 4/6/2017
New Mexico Gov. Susana Martinez vetoed legislation that aimed to close a loophole in the state’s lobbying law that was created last year. Because of the veto, lobbyists will not need to report expenses on lawmakers and other public officials under $100, as they did prior to the current law taking effect. The bill’s sponsor, Sen. Daniel Ivey-Soto, said Martinez told him it was unclear if Senate Bill 393 required aggregate reporting of all expenses less than $100 or specific reporting of every expense once a $100 threshold was reached.
New York – On Ethics, Cuomo Budget Entered Like a Lion and Emerged Like a Lamb
New York Times – Lisa Foderaro | Published: 4/11/2017
Despite the recent convictions of the leaders of both the Assembly and the Senate, and indictments against some of New York Gov. Andrew Cuomo’s own associates, state lawmakers failed to take up a raft of ethics proposals included in the governor’s executive budget. Their absence in a $153 billion budget, which included a roster of contentious items, left watchdog organizations, academics who study Albany, and even some legislators doing a collective tsk-tsk. Some blamed the Senate for putting up the most resistance to reforms; others criticized Cuomo for not making them a priority.
Oklahoma – LGBTQ Group’s Capitol Visit Prompts Mass Email About ‘Cross-Dressers in the Building’
Tulsa World – Randy Krehbiel | Published: 4/10/2017
An email telling teenage pages that “there are cross-dressers in the building” caused a furor in the Oklahoma Capitol. The email, by a House staffer who oversees the page program, was apparently prompted by the visit of about 70 LGBTQ students from the Tulsa area who were lobbying mostly on behalf of HIV awareness and education funding and support. Their presence prompted Karen Kipgen, supervisor of the page program, to arrange for pages to use private staff and member restrooms. Kipgen also sent a mass email saying “As per the Speaker’s office, Pages are being allowed access to the ladies restroom across from 401, for today. Again, there are cross-dressers in the building.”
Oklahoma – State Officials Disclosing Fewer Facts Than Ever About Their Personal Finances
Oklahoma Watchdog – Molly Bryant | Published: 4/8/2017
Each year, Oklahoma legislators and statewide elected officials must report details about their personal finances to alert the public to potential conflicts-of-interest. This year, however, they generally will be asked to report fewer facts than ever – that is, since the disclosure rules were approved in 1994. The Oklahoma Ethics Commission has revised the disclosure form and slashed the number of state employees required to file it, from nearly 6,000 to 362. Those who must file do not have to reveal as many potential sources of income outside of their state jobs. Unlike before, they also do not have to disclose all contracts they have with a state agency or all income-producing relationships with registered lobbyists.
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.
April 7, 2017 •
News You Can Use Digest – April 7, 2017
Federal: DOJ Renews Promise of Action on Lobbying Law Compliance Bloomberg BNA – Kenneth Doyle | Published: 4/5/2017 The Government Accountability Office’s (GAO) annual report on Lobbyist Disclosure Act (LDA) compliance noted the Justice Department expects to take action on […]
Federal:
DOJ Renews Promise of Action on Lobbying Law Compliance
Bloomberg BNA – Kenneth Doyle | Published: 4/5/2017
The Government Accountability Office’s (GAO) annual report on Lobbyist Disclosure Act (LDA) compliance noted the Justice Department expects to take action on four “chronic offenders” of the law. The report said House and Senate officials in charge of administering the LDA have referred thousands of cases of noncompliance, but the U.S. attorney’s office has been able to resolve only about half of these cases through letters and other contacts seeking compliance. The GAO said officials believe many of those who fail to file disclosure reports are no longer lobbying. But more than 1,300 referrals regarding failure to file lobbying reports remained unresolved last year. Meanwhile, another 700 referrals for failing to file required reports on lobbyists’ political contributions also remained unresolved.
Ethics Panel Opens Investigation into Nunes
The Hill – Cristina Marcos and Katie Bo Williams | Published: 4/6/2017
House Intelligence Committee Chairperson Devin Nunes (R-Calif.) temporarily recused himself from all matters related to the panel’s ongoing probe into Russia’s interference in the presidential election. The House ethics committee released a statement saying it would investigate allegations that “Nunes may have made unauthorized disclosures of classified information, in violation of House rules, law, regulations, or other standards of conduct.” Nunes has come under fire for going to the White House grounds to meet with a secret source and view documents he said suggest President Trump and his transition team members’ identities may have been improperly revealed in reports on surveillance of foreign targets.
Former Trump Staffers Hunt for Foreign Lobbying Work
Politico – Theodoric Mayer, Kenneth Vogel, and Josh Dawsey | Published: 4/3/2017
Some of President Donald Trump’s former campaign hands are rushing to sign lucrative deals with foreign clients, shrugging off their own pledges to avoid foreign lobbying and the president’s vow to “drain the swamp.” Former Trump campaign manager Corey Lewandowski’s firm is one a handful of upstarts looking to undercut the lobbying giants that for years dominated the market for foreign lobbying work in Washington. They are betting their experience on Trump’s campaign and relationships with former colleagues now in his administration can woo foreign governments away from more established rivals.
Trump Can Quietly Draw Money from Trust Whenever He Wants, New Documents Show
Washington Post – Drew Harwell | Published: 4/3/2017
The trust agreement that Donald Trump used to put his adult sons in charge of his company allows him to draw money from it upon his request, illustrating the thin divide between the president and his private fortune. Trump and his attorneys have pointed to the Donald J. Trump Revocable Trust as a response to widespread worries from ethics lawyers, who have said the president’s refusal to divest ownership of his company creates the potential that he can derive personal profit from his public office. Trump’s trust is not “blind” because he knows how his assets are performing, has close relationships with both trustees, can make money off the trust’s financial interests, and can revoke the trust at any time.
From the States and Municipalities:
Alabama – Ethics Commission Finds Probable Cause Against Gov. Robert Bentley
AL.com – Mike Cason | Published: 4/5/2017
Gov. Robert Bentley could face criminal prosecution after the Alabama Ethics Commission found probable cause he broke ethics and campaign finance laws in a sex-tinged scandal that has engulfed him for over a year. The commission voted to refer four issues to the Montgomery County district attorney’s office, which will decide whether to pursue charges. The commission found probable cause to believe Bentley had misused state resources and campaign funds, improperly accepted a campaign donation outside of an allowed fundraising window, and lent himself campaign money when he was not a candidate. Bentley has been under scrutiny since recordings surfaced last year of him making suggestive remarks to a female aide before his divorce.
Arizona – Arizona Secretary of State’s Website to Track Political Spending Triples in Cost
Arizona Republic – Mary Jo Pitzl | Published: 3/29/2017
It was a key talking point of her 2014 campaign for secretary of state: Michele Reagan would build a website to allow the public to track the money spent in political campaigns, from the governor’s office down to the smallest town-council race. But the much-touted See the Money website has yet to materialize, despite a nearly $500,000 investment, a now-completed contract with an outside firm, and a string of promised due dates. Reagan said she is moving the project in-house and is determined to have it online by January.
Colorado – A Dark Money Lawsuit, a Colorful Cast of Characters, and Colorado’s Citizen Campaign Finance Cop
Colorado Independent – Corey Hutchins | Published: 4/4/2017
The best drama in Colorado politics is not occurring at the Capitol, but in a courtroom. The characters in the dispute are half the intrigue. At issue is the question of whether it is legal for someone to set up a nonprofit to shield donors from disclosure even when that nonprofit works almost exclusively, through an affiliated entity, on campaigns for or against candidates. In Colorado, anyone who lodges a complaint about a suspected campaign finance violation has to prove his or her own case against an alleged violator in a courtroom setting. It is a system its critics say discourages average citizens from bringing complaints against powerful people or well-funded groups.
Florida – Hillsborough Commissioners Add Themselves to New Lobbying Ordinance
SaintPetersBlog.com – Mitch Perry (Florida Politics) | Published: 4/5/2017
Registered lobbyists can no longer text or email Hillsborough County commissioners during meetings. Lobbyists who violate the new ordinance can be punished with a ban of up to a year, though it would take four violations to reach that. Commissioners that violate the ban and do not report communications sent to them during meeting will be punished with a $250 fine on the first offense and $500 on the second. If a third violation occurs, the Florida Commission on Ethics will be notified.
Kansas – These High School Journalists Investigated a New Principal’s Credentials. Days Later, She Resigned.
Washington Post – Samantha Schmidt | Published: 4/5/2017
A group of reporters and editors from the student newspaper, the Booster Redux at Pittsburg High School in Kansas, had gathered to talk about Amy Robertson, who was hired as the high school’s head principal on March 6. The student journalists had begun researching Robertson, and quickly found some discrepancies in her education credentials. When they researched Corllins University, the private university where Robertson said she got her master’s and doctorate degrees, the website did not work. They found no evidence it was an accredited university. The students began digging into a weeks-long investigation that would result in an article questioning the legitimacy of the principal’s degrees and of her work as an education consultant. Robertson resigned four days later.
Maine – Lying-to-Legislature Bill Narrowed to Apply to Lobbyists Only
Portland Press Herald – Kevin Miller | Published: 4/3/2017
A legislative committee voted in favor of a bill to make it a crime for lobbyists to lie to Maine lawmakers after narrowing a bill to exclude the public, and themselves. Maine is one of nine states that have no laws against providing false information in committee. Fifteen states plus the District of Columbia prohibit lobbyists from providing false testimony, and some states require speakers to take an oath before testifying in committee.
North Carolina – Lawmakers Revive Plan for Combined State Elections, Ethics Board
WRAL – Matthew Burns | Published: 4/4/2017
House Republicans would prefer changing a law struck down by a three-judge panel related to overseeing North Carolina elections instead of extending a court fight with new Gov. Roy Cooper. A new measure approved by the Elections Committee would rework an eight-member state panel overseeing both elections and ethics rules the judges threw out as unconstitutional and give more control over the board to Cooper. The revised bill would still merge the elections and ethics boards, but the governor would be able to appoint all members from nominations made by the state Republican and Democratic parties. The board would be split evenly between the two parties.
Pennsylvania – Have Bribery, Fraud and Abuse of Power Become Synonymous with ‘Pennsylvania’?
PennLive.com – Jan Murphy | Published: 3/30/2017
Pennsylvanians have witnessed scores of corruption cases involving state officials from both sides of the political aisle and all three state governmental branches. Whether it is on a per-capita basis or simply the sheer number of high-profile corruption cases in recent years, Muhlenberg College political scientist Chris Borick said it is obvious that “something is pretty wrong in our political system in terms of corruption.” Some blame it on lax rules that do not hold government officials accountable or lawmakers’ failure to enact reform laws such as a ban on gifts or limits on campaign contributions. Though watchdogs continue to seek such reforms, little progress has been made in the Legislature.
Tennessee – Analysis: Possible double dipping at Tennessee statehouse
The Tennessean – Dave Boucher and Joel Ebert | Published: 3/31/2017
A review of campaign finance reports filed in 2016 by all 131 current Tennessee lawmakers found state representatives and senators spent $189,700 combined in campaign money on expenses that may have been paid for by state funds. But lawmakers are not required to report specific dates and locations of smaller purchases that are typically less than $100. That makes it unclear how many of those expenses also may have been reimbursed by the state, providing the opportunity to obscure double dipping or other financial abuse.
Tennessee – Nashville’s Private Club with a PAC
The Tennessean – Joel Ebert and Dave Boucher | Published: 4/2/2017
Many nights, the most powerful Tennessee lawmakers imbibe and eat at The Standard, a restaurant a few blocks from the Capitol. Often, it is at the expense of their campaign donors. An analysis found 25 Tennessee legislators and one prominent Nashville elected official, or their PACs, combined with seven other state PACs to spend $150,000 from their campaign coffers at the restaurant and club since 2009. More than $50,000 of that money was spent by elected officials to pay for their personal memberships in the club. The Standard also operates its own state PAC, which has donated almost $100,000 to state and local leaders who are members or who frequent the club.
Vermont – Vermont’s Campaign Finance Law Survives Legal Challenge
U.S. News & World Report; Associated Press – | Published: 4/3/2017
A challenge to Vermont’s campaign finance laws has been struck down in federal court. Dean Corren, an unsuccessful candidate for lieutenant governor, sued the state for violating his First Amendment rights, alleging a restriction on fundraising for publicly financed candidates is unconstitutional.
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.
March 31, 2017 •
News You Can Use Digest – March 31, 2017
Federal: 2 White House Officials Helped Give Nunes Intelligence Reports New York Times – Matthew Rosenberg, Maggie Haberman, and Adam Goldman | Published: 3/30/2017 Two White House official were involved in giving House Intelligence Committee Chairperson Devin Nunes access to […]
Federal:
2 White House Officials Helped Give Nunes Intelligence Reports
New York Times – Matthew Rosenberg, Maggie Haberman, and Adam Goldman | Published: 3/30/2017
Two White House official were involved in giving House Intelligence Committee Chairperson Devin Nunes access to intelligence reports that seemed to show that President Donald Trump and his associates were incidentally included in surveillance efforts. The New York Times reported that multiple sources said Ezra Cohen-Warrick, senior director for intelligence at the National Security Council, and Michael Ellis, a lawyer who used to work for Nunes and is now in the White House Counsel’s Office, helped Nunes get the information. American officials said the reports consisted primarily of ambassadors and other foreign officials talking about how they were trying to develop contacts within Trump’s family and inner circle in advance of his inauguration.
A Former Trump Administration Appointee Who Left Without Signing Ethics Pledge Is Now a Lobbyist
Washington Post – Matea Gold | Published: 3/29/2017
Robert Wasinger, a former campaign official and transition team member for Donald Trump, served briefly as White House liaison to the State Department before joining McGuireWoods Consulting as senior vice president of its federal public affairs group in February. He registered recently as a lobbyist for Verizon and Inovio Pharmaceuticals. Ethics experts said it is troubling that there are now two examples of early Trump appointees who left without committing to the lobbying ban.
From the States and Municipalities:
Arizona – Arizona Firefighters Have Grip on Financial Power in Local Elections – But Should They?
Arizona Republic – Jessica Boehm | Published: 3/28/2017
In 2015 and 2016, firefighter union PACs across Arizona donated hundreds and sometimes thousands of dollars to mayoral or city council candidates they often had never met. In total, 31 firefighter union PACs donated more than $250,000 to 59 city council and mayoral candidates in Arizona. Firefighter leaders say their campaign donations are noble efforts to ensure their communities are run by politicians who will do the best job for the community. Others question the power and legality of city employees so actively involved in electing council members, the people who will decide matters such as their wages and department budgets.
California – PG&E to Pay $86.5 Million for Backdoor Lobbying of Regulators
KNSD – Jaxon Van Derbeken | Published: 3/28/2017
Pacific Gas & Electric (PG&E) will pay $86.5 million in a settlement over corruption allegations that followed a fatal pipeline explosion in San Bruno. The announcement comes in the wake of the disclosure of a series of improper communications and back-channel deals linked to the disaster. The utility’s inappropriate actions also affected gas-pipeline operations in San Carlos. Under pressure, PG&E agreed to release 65,000 emails sent between 2010 and 2014. In them, critics found proof of an overly cozy relationship between top officials at PG&E and regulators both before and after the explosion that killed eight people.
Connecticut – Ted Kennedy Jr.’s 2014 Campaign, Still Under Scrutiny, Shows Election-Reform Troubles
Hartford Courant – Edmund Mahoney and Jon Lender | Published: 3/29/2017
Ted Kennedy, Jr. in his 2014 campaign for the Connecticut Senate signed a contract promising to limit campaign spending to a grant of about $95,000 in taxpayer money he received under the state’s Citizen Election Program, the landmark campaign finance reform its supporters claim is a model for keeping special interest money out of elections. But records show Kennedy and the Democratic Party spent almost four times that much on his campaign, using a loophole opened by an amendment pushed through the Democrat-controlled state Legislature the year before. The Democratic State Central Committee paid about $288,000 to cover “organizational expenditures” on the Kennedy campaign – after family, friends, and business associates of Kennedy donated about $300,000 to the committee.
Florida – Florida Paid Law Firm for Meeting with House Speaker
U.S. News and World Report – Gary Fineout (Associated Press) | Published: 3/27/2017
Blurring the lines between his role as an up-and-coming legislator and his job as an attorney, the law firm of House Speaker Richard Corcoran once charged the state for a meeting with Corcoran in his capacity as a lawmaker. Billing records show the firm of Broad and Cassel charged the state’s economic development agency ahead of a meeting between its affiliate, the state Division of Bond Finance, and Corcoran – putting the meeting in the crosshairs of a new review by Gov. Rick Scott of potential conflicts-of-interest. Corcoran said he was unaware his firm asked to be paid to prepare for the meeting with him. He said he and all lawmakers are routinely asked by friends and colleagues to meet with people to discuss issues and problems they have with state government.
Illinois – Campaign Donation Limits Lifted in Illinois Governor’s Race
Northwest Herald – Sophia Tareen (Associated Press) | Published: 3/27/2017
Chris Kennedy’s roughly $250,000 donation to his own campaign has lifted spending caps in what is expected to be another big money race for Illinois governor. Kennedy’s contribution follows Gov. Bruce Rauner’s record-setting $50 million donation to his own re-election bid last year. But Rauner’s contribution did not remove the limits because of how early the donation was made. When a self-funded statewide candidate or family member gives more than $250,000 in the 12 months before an election, the caps are lifted for all candidates. Illinois’ gubernatorial primary is March 20, 2018.
Illinois – Court Strikes Down Ban on Campaign Contributions from Medical Marijuana Licensees
Illinois Policy – Jacob Huebert | Published: 3/24/2017
An Illinois law banning state marijuana growers and sellers from making campaign contributions has been struck down as unconstitutional. U.S. District Court Judge John Lee ruled the legislation, passed in 2013, the same year the General Assembly voted to legalize medical marijuana, violates free speech rights guaranteed by the First Amendment. Lee said the state had provided no justification for banning contributions from the medical cannabis industry while not banning donations from any other regulated industries.
Iowa – House Ethics Committee Admonishes Americans for Prosperity Lobbyist
Des Moines Register – Brianne Pfannenstiel | Published: 3/22/2017
The Iowa House Ethics Committee voted to issue a letter admonishing Americans for Prosperity lobbyist Drew Klein for failing to register his position on a controversial bill scaling back collective bargaining rights. State law requires lobbyists to register their support or opposition to legislation moving through the Capitol to create transparency. The committee said Klein did not officially register his support of House File 291 until after it had already been under discussion. That prompted a complaint from the Iowa Federation of Labor.
Missouri – Goodbye to All That? Missouri Lawmakers Dragging Feet on Lobbyist-Gift Ban
St. Louis Public Radio – Marshall Griffin | Published: 3/24/2017
There has been no movement for nearly two months on bills that would ban gifts from lobbyists to Missouri lawmakers. The House passed House Bill 60 on January 17, and a Senate committee conducted a joint hearing on it and on the Senate version, Senate Bill 305. With the legislative session scheduled to end on May 12, it remains to be seen whether what was once a strong priority for Republicans will pass at all.
New Jersey – 2 Christie Allies Are Sentenced in George Washington Bridge Scandal
New York Times – Nick Corasaniti | Published: 3/29/2017
Two former aides to New Jersey Gov. Chris Christie were sentenced to prison for their role in a political revenge plot involving traffic jams at the George Washington Bridge, a scandal that sank Christie’s presidential aspirations. Bill Baroni, Christie’s appointee to the Port Authority of New York and New Jersey, was sentenced to two years, and Bridget Kelly, Christie’s former deputy chief of staff, received 18 months. The government’s star witness, David Wildstein, testified he and the co-defendants sought to retaliate against a Democratic mayor for not endorsing Christie’s re-election. Christie was not charged with any wrongdoing. But his version of events – that he was not aware that anyone in his office was involved until months after the fact – was contradicted by testimony from multiple people.
New Mexico – What Financial Disclosure Forms Don’t Require Reveal as Much as What They Do
New Mexico In Depth – Sandra Fish | Published: 3/23/2017
New Mexico In Depth created a database of the information in financial disclosures filed by lawmakers this year. The disclosures do not just reveal potential conflicts for lawmakers. In fact, sometimes the forms do not reveal much at all. The watchdog group Ethics Watch has noted that reporting requirements are unclear and lawmakers interpret them in a variety of ways. New Mexico is the only state in the nation that does not pay lawmakers. So, they typically have outside jobs that can pose conflicts-of-interest with their work at the Capitol.
Oregon – Lax Conflicts of Interest Rules Let Oregon Lawmakers Keep Quiet About Their Ties
Portland Oregonian – Gordon Friedman | Published: 3/26/2017
Oregon law allows officials to make decisions financially benefitting a class of people equally, even if the state lawmaker is a member of that group. That means it is perfectly legal for Oregon lawmakers to sponsor and vote for bills that benefit people in the occupation they hold or the type of companies their families work for. Regardless of potential conflicts, lawmakers are not allowed under Senate and House rules to recuse themselves from voting. They are required only to announce prior to voting that a potential conflict exists. Failing to disclose a conflict can result in censure or other discipline. But the onus is also on lawmakers to self-report.
Pennsylvania – Judge Mid-Trial Dismisses All Charges in Pennsylvania Pay-to-Play Case
Pittsburgh Post-Gazette – Angela Couloumbis and Craig McCoy (Philadelphia Inquirer) | Published: 3/27/2017
U.S. District Court Judge John Jones III has thrown out a “pay-to-play” case against an investment adviser accused of bribing Pennsylvania’s former treasurer to get state business. Jones said prosecutors had not proven that favors were traded in exchange for campaign contributions from defendant Richard Ireland. Prosecutors had relied on testimony from former state Treasurer Rob McCord, who pleaded guilty two years ago to extortion charges after being caught strong-arming contributions from campaign donors, including some who had state contracts. But during testimony, McCord provided such lukewarm support for the government’s case that prosecutors grew increasingly short with him, almost treating him as a hostile witness.
Texas – Liquor Regulators Partying on Taxpayers’ Tab
Texas Tribune – Jay Root | Published: 3/24/2017
The Texas Alcoholic Beverage Commission (TABC) has spent at least $85,000 on out-of-state travel since the 2011 fiscal year, much of it on liquor industry conferences. Almost $17,000 has been paid to the National Conference of State Liquor Administrators (NCSLA), an industry trade group that brings liquor interests and government regulators together, for registration and membership fees over the same period. TABC Director Sherry Cook says the NCSLA’s meetings provide training and networking opportunities that help keep her agency abreast of the complicated regulatory structure in various states. Critics say they are junkets that waste precious tax dollars while raising troubling questions about the cozy relationship between the government regulators and powerful corporate interests.
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.
March 24, 2017 •
News You Can Use Digest – March 24, 2017
Federal: Despite a Trust, Ivanka Trump Still Wields Power Over Her Brand New York Times – Rachel Abrams | Published: 3/20/2017 Ivanka Trump, who moved to Washington saying she would play no formal role in her father’s administration, is now […]
Federal:
Despite a Trust, Ivanka Trump Still Wields Power Over Her Brand
New York Times – Rachel Abrams | Published: 3/20/2017
Ivanka Trump, who moved to Washington saying she would play no formal role in her father’s administration, is now officially setting up shop in the White House. The powerful first daughter has secured her own office on the West Wing’s second floor. She is also in the process of obtaining a security clearance and is set to receive government-issued communications devices. In everything but name, Trump is settling in as what appears to be a full-time staffer in her father’s administration, with a broad and growing portfolio, except she is not being sworn in, will hold no official position, and is not pocketing a salary, her attorney said. Watchdogs immediately questioned whether she is going far enough to eliminate conflicts-of-interest, especially because she will not be automatically subjected to certain ethics rules while serving as a de facto White House adviser.
Ethics Watchdogs Make a Career of It
Roll Call – Kate Ackley | Published: 3/16/2017
Norm Eisen, President Barack Obama’s White House ethics czar, and Richard Painter, an ethics lawyer from the George W. Bush administration, have teamed up to become two of the most vocal critics of President Donald Trump’s conflicts-of-interest. They not only sued the president within days of his inauguration, they have also appeared regularly on television and testified on Capitol Hill. Though government ethics law may seem a lonely pursuit, leading a resistance against the Trump team’s web of potential ethics woes clearly is not. “I never imagined that White House ethics experts would be in such demand,” Eisen said.
From the States and Municipalities:
Florida – Will Legislators Lift the Veil on ‘Dark Money’ in Florida Politics?
Bradenton Herald – Mary Ellen Klas (Miami Herald) | Published: 3/19/2017
In the ramp-up to the annual legislative session, before the self-imposed fundraising ban takes effect, Florida’s most politically powerful corporations seed hundreds of thousands of dollars in campaign cash into the committees of legislators. But getting all the details on who got what is impossible. Florida law allows groups that accept contributions from corporations to legally distribute money to other political committees, including those controlled by legislators, without reporting the original source of the cash. The practice of shielding political spending from public view has fueled the “dark money” trend in politics that has allowed groups to launch political attacks in campaigns without fear of being traced.
Illinois – Emails to Emanuel Raise Questions About Dozens of Possible Lobbying Violations
Chicago Tribune – Bill Ruthhart and Hal Dardick | Published: 3/21/2017
The Chicago Tribune reviewed over 2,600 pages of Mayor Rahm Emanuel’s personal emails, and found 26 instances where lobbyists, corporate executives, and longtime Emanuel associates and campaign donors sought action from, or access to, the mayor or city officials but did not register as a lobbyist or report their contact to the city ethics board. Some of those who sent emails pitching their business said they did not believe their actions qualified as lobbying or they were not familiar with the city’s ethics rules. But if the board determines someone sought to influence City Hall action but did not register as a lobbyist, it can fine the individual $1,000 per day from five days after the initial contact until they register.
Massachusetts – Construction Firm, Owner Pay $150,000 for Campaign Finance Violations
Boston Globe – Frank Phillips | Published: 3/22/2017
A Massachusetts business owner and his construction company have paid $150,000 for disguising the true source of campaign contributions. The Office of Campaign and Political Finance said J. Derenzo Companies gave $37,000 to employees and their family members to reimburse them for donations they made to nine candidates, including Gov. Charlie Baker and former Gov. Deval Patrick. The contributions were reported as coming from the individuals. State law prohibits disguising the true origin of a donation and bans corporate contributions. The company and its owner, David Howe, agreed to pay $125,000 to the state’s general fund. Howe also gave $25,000 to a charity with personal funds as part of the agreement.
Mississippi – Politicians Will See Campaign Spending Curbed
Hattiesburg American – Geoff Pender | Published: 3/22/2017
The Mississippi Legislature passed a campaign finance reform measure that would restrict politicians’ spending campaign money on personal expenses and provide for some enforcement and oversight by the state Ethics Commission. Gov. Phil Bryant is expected to sign the bill into law, to take effect January 1. Experts have called Mississippi’s lack of rules and transparency on campaign money – and allowing it to be used for personal expenses – “legalized bribery,” with special-interest cash making its way into politicians’ pockets after it runs through their campaign accounts. Campaign money is shielded from tax, ethics, bribery, and other laws because it is ostensibly to be used for campaigning and records of it are supposed to be open to the public.
New Mexico – Voters Will Decide Future of State Ethics Commission Proposal
New Mexico Politics – Steve Terrell (Santa Fe New Mexican) | Published: 3/16/2017
New Mexico voters will decide next year whether to create an independent ethics commission to shore up trust in government after a string of corruption scandals. The Legislature approved a constitutional amendment that calls for creating a seven-member body to investigate ethics violations and apply sanctions. The vote capped a decades-long effort by government watchdog groups and select lawmakers to put ethics complaints in the hands of an independent authority.
New York – Lobbyist in Libous Case Reaches $10k Settlement, as Legal Questions Remain
Albany Times Union – Chris Bragg | Published: 3/17/2017
Lobbyist Fred Hiffa, whose firm made payments to a law firm employing the son of late New York Sen. Thomas Libous at a time it regularly lobbied the once-influential politician, agreed to pay $10,000 to settle ethics charges. The Joint Commission on Public Ethics (JCOPE) said Hiffa arranged for payments totaling $50,000 over one year to the law firm that employed Libous’ son. Libous was convicted of lying to the FBI about his son’s arrangement. But some legal experts said the gift ban law at the center of JCOPE’s case does not seem to apply to the Libous matter, as well as the case of former Sen. Dean Skelos, who was convicted on corruption charges relating to companies hiring his son.
New York – No Charges, but Harsh Criticism for Mayor de Blasio
New York Times – William Rashbaum | Published: 3/16/2017
Prosecutors said New York City Mayor Bill de Blasio and his aides will not face criminal charges for their role in soliciting donations for the mayor’s campaign and an affiliated nonprofit group, the Campaign for One New York. The investigation involved accusations that de Blasio and his aides gave favorable treatment to donors who contributed to his 2013 mayoral election campaign. Also at issue is whether the de Blasio team illegally raised money for several key state senate races. Acting U.S. Attorney Joon Kim said the decision not to file charges was based, among other things, on the high burden of proof required in prosecuting serious public corruption cases, the clarity of existing law, and the difficulty in proving criminal intent in corruption schemes where there is no evidence of personal profit.
North Carolina – Judges Issue Split Ruling on NC Governor-Legislature Power Struggle
Charlotte Observer – Anne Blythe (Raleigh News & Observer) | Published: 3/17/2017
A three-judge panel delivered a mixed decision in the power struggle between Gov. Roy Cooper and legislative leaders in North Carolina. The General Assembly passed two laws that require Senate confirmation of Cooper’s cabinet secretaries, cut the number of state positions to which the governor can appoint supporters, and overhauled the structure of North Carolina’s state and county elections boards. The panel agreed with Cooper that the law calling for combining the State Board of Elections and the State Ethics Commission was unconstitutional. The judges also ruled that a provision cutting the number of at-will policy-making and managerial positions in Cooper’s administration should be blocked. The judges upheld the Senate’s right to confirm the governor’s cabinet secretaries, saying Cooper has not demonstrated his administration will be hurt by the law.
Oklahoma – Oklahoma State Senator Faces Charges and Condemnation
New York Times – Matthew Haig | Published: 3/17/2017
Oklahoma Sen. Ralph Shortey was accused in a child prostitution case of offering to pay a 17-year-old boy for sex. Shortey was charged with three felony counts one week after police found him with the teenager in a hotel room. The maximum punishment, if convicted, is 25 years in prison. The Senate voted to punish Shortey for “disorderly behavior.” The unanimous vote stripped him of most of his privileges at the Capitol, including his office and parking space.
Pennsylvania – D.A. Seth Williams Indicted on Corruption, Bribery-Related Charges
Philadelphia Inquirer – Jeremy Roebuck, David Gambacorta, and Chris Brennan | Published: 3/21/2017
Philadelphia’s top prosecutor was charged with taking more than $160,000 in luxury gifts, Caribbean trips, and cash, often in exchange for official favors that included help with a court case, according to a bribery and extortion indictment. Federal prosecutors said District Attorney Seth Williams also spent $10,000 from a joint account he shared with a relative meant for the relative’s nursing home costs. The indictment caps a nearly two-year investigation into Williams’ financial affairs. In January, the city Board of Ethics imposed its largest fine ever, $62,000, on Williams for failing to disclose gifts and sources of income, and accepting gifts from prohibited sources.
Pennsylvania – Former Top Allentown Bureaucrat Francis Dougherty Pleads Guilty, Implicates Mayor
Allentown Morning Call – Emily Opilo | Published: 3/22/2017
Former Allentown Managing Director Francis Dougherty pleaded guilty to a conspiracy charge in an ongoing FBI “pay-to-play” corruption probe. Prosecutors say Dougherty helped rig a $3 million contract to replace the city’s streetlights so it would go to a company whose executives and consultants gave thousands of dollars in campaign contributions to Mayor Ed Pawlowski. The mayor has not been charged, but he matches the description of the unnamed public official in court papers. As part of his plea deal, Dougherty must continue to cooperate with prosecutors concerning his knowledge of and participation in political corruption in Allentown.
South Carolina – Veteran State Sen. Courson of Columbia Suspended from Office after Misconduct Indictment
The State – John Monk | Published: 3/16/2017
One of South Carolina’s longest-serving senators has been indicted on ethics charges tied to veteran powerbroker Richard Quinn. A grand jury indicted Sen. John Courson on misconduct in office and using campaign donations for personal expenses. All three charges are tied to Courson’s payments to Quinn’s political consulting firm. Lt. Gov. Kevin Bryant suspended Courson pending the case’s resolution. The indictments allege Courson gave Quinn’s firm nearly $248,000 and received back nearly $133,000 for personal use. The Quinn firm has not been charged with any wrongdoing.
Texas – Dallas City Council Overhauls Ethics Rules; Mayor Mike Rawlings Lauds Changes as ‘Remarkable’
Dallas News – Tristan Hallman | Published: 3/22/2017
The Dallas City Council approved changes to the ethics law. The reforms include lowering the gift-reporting threshold to $250, requiring attorneys and law firms representing clients – along with leaders of associations – to register as lobbyists, and prohibiting city council members from discussing ongoing contract bids. Council members voted down several of their colleagues’ attempts to include additional changes. The ordinance will take effect on July 1, 2017.
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.
March 17, 2017 •
News You Can Use Digest – March 17, 2017
Federal: Admiral, Seven Others Charged with Corruption in New ‘Fat Leonard’ Indictment Washington Post – Craig Whitlock | Published: 3/14/2017 A retired U.S. Navy admiral and eight other high-ranking officers were indicted in a bribery scandal in which prosecutors say […]
Federal:
Admiral, Seven Others Charged with Corruption in New ‘Fat Leonard’ Indictment
Washington Post – Craig Whitlock | Published: 3/14/2017
A retired U.S. Navy admiral and eight other high-ranking officers were indicted in a bribery scandal in which prosecutors say a foreign contractor traded luxury travel, lavish gifts, and prostitutes for inside intelligence. A total of 25 military officers and private-sector executives have now been prosecuted in one of the worst corruption scandals to hit the military in years. Prosecutors accused the officers of betraying the public trust for bribes from a well-connected military contractor in Singapore, Leonard Francis, known as “Fat Leonard.” The scheme cost the Navy “tens of millions of dollars” in overbillings to Francis’ firm, as he relied on sensitive and sometimes classified information the officers had given them to game the system, according to the indictment.
FEC Earning Congressional Attention – for the Wrong Reasons
Center for Public Integrity – Dave Levinthal | Published: 3/13/2017
The FEC, an agency of clashing commissioners, unhappy staffers, and key vacancies, may soon face a hearing by the Committee on House Administration, something the agency has not endured since 2011 when super PACs were still novel and the Citizens United decision was not yet two years old. A planned oversight hearing in 2014 never materialized. An oversight hearing is “both urgent and necessary” and should be conducted “sooner rather than later,” said Jamie Fleet, a spokesperson for U.S. Rep. Robert Brady, the committee’s ranking Democrat. The Senate Committee on Rules and Administration also appears to have increased appetite for reviewing FEC affairs. Although this committee has conducted FEC confirmation hearings, it has not specifically conducted an oversight hearing since 2004.
In a Fact-Challenged Era, Will Public Access to Federal Data Be the Next Casualty?
McClatchy DC – Stuart Leavenworth and Adam Ashton | Published: 3/12/2017
Since taking office, the Trump administration has made a series of moves that have alarmed groups with a stake in public access to information: historians, librarians, journalists, climate scientists, and internet activists, to name a few. Some are so concerned they have thrown themselves into “data rescue” sessions nationwide, where they spend their weekends downloading and archiving federal databases they fear could soon be taken down or obscured. Previous presidential transitions have triggered fears about access to government data, but not of this scope.
Prerequisite for Key White House Posts: Loyalty, not experience
New York Times – Sharon LaFraniere, Nicholas Confessore, and Jesse Drucker | Published: 3/14/2017
Every president comes into office with friends and hangers-on who sometimes have minimal experience in government. But few have arrived with a contingent more colorful and controversial than that of President Trump, whose White House is peppered with assistants and advisers whose principal qualification is their long friendship with Trump and his family. The influence of longtime Trump friends and associates, some of them with vague portfolios, comes as a leadership void has been created by the administration’s slow pace in filling top jobs in many agencies. It has also added to the confusion of a West Wing already legendary for its power struggles, while bewildering Washington policy hands.
Suing Trump on Ethics? Good Luck Making Your Case
Politico – Isaac Arnsdorf and Darren Samuelsohn | Published: 3/9/2017
Many people – New York’s attorney general, law professors, and Washington restaurant owners among them – think President Trump is breaking laws by holding onto his businesses. But they are still searching for a successful courtroom strategy to force him to divest. The president is not bound by the main federal law against conflicts-of-interest. Legal experts have argued since Trump won the election, however, that he is violating the constitutional ban on accepting payments from foreign government and is putting federal agencies under his control in the impossible position of having to supervise his businesses. While the legal problems may be obvious, the responses are not. It is an area of law that has never before been tested because there has never before been a billionaire president intent on maintaining his commercial ties while in office.
From the States and Municipalities:
California – Garcetti Bans Private Meetings Between Developers and Planning Commissioners
Los Angeles Times – Emily Alpert Reyes | Published: 3/9/2017
City planning commissioners will be barred from meeting privately with developers looking to get a project approved under an executive directive signed by Los Angeles Mayor Eric Garcetti. The possible influence of big developers on planning decisions was at the center of a heated battle in the recent election. Proponents of the now-defeated Measure S say the existing planning process follows a “pay-to-play” model that gives developers too much sway over what gets built in the city. The ban applies to members of the city’s Planning Commission and the Cultural Heritage Commission, as well as members of area planning commissions. They are prohibited from meeting or communicating privately with anyone about development plans unless they recuse themselves from the process.
Kentucky – Lawmakers Approve Flurry of Bills as End of Legislative Session Looms
Lexington Herald-Leader – Daniel Desrochers and Jack Brammer | Published: 3/14/2017
Kentucky lawmakers gave final approval to Senate Bill 75, which doubles the amount individuals and PACs can donate to a campaign, state executive committee, and caucus campaign committee, along with other changes to state campaign finance laws. Supporters of the bill said the legislation was necessary to increase the number of transparent donations and give regular people a chance to run for office against candidates funded by PACs. Opponents of argued that raising the limits created the wrong impression and the Legislature should curb ‘dark money” instead.
Minnesota – Does Being a Minnesota Legislator Mean Never Having to Say You’re Sorry?
MinnPost.com – Briana Bierschbach | Published: 3/16/2017
Critics say there is a systemic weakness in how the Minnesota Legislature polices its members, a process that rarely catches potential conflicts before they happen and seldom punishes lawmakers for engaging in unethical behavior. Many lawmakers have other sources of income outside their work at the Capitol, so legislators are sometimes asked to vote on policies that have the possibility of intersecting with their private lives. Over the last 30 years, there have been just 11 ethics hearings in the Minnesota House. Legislators were reprimanded or forced to apologize in four of those cases. Ethics hearings in the Senate have been more numerous, if not exactly frequent; between 1994 and 2017 there were 21 hearings. In just five of those cases were senators forced to apologize or leave a committee post.
New Jersey – N.J. Moves to Restore Election Watchdog
Philadelphia Inquirer – Andrew Seidman | Published: 3/13/2017
New Jersey’s election watchdog agency had two vacancies filled recently, which means it will once again be able to punish candidates who violate campaign-finance rules. The Election Law Enforcement Commission (ELEC) has gone a full year without holding a meeting because of three vacancies on its four-member board, an unprecedented bout of paralysis since the agency’s founding in 1972. Without holding monthly meetings, the ELEC cannot vote on any matter, amend regulations, or punish those who violate the state’s campaign finance, lobbying, or “pay-to-play” restrictions.
New Mexico – Legislature Passes Campaign Finance Reform Years in The Making
New Mexico In Depth – Sandra Fish | Published: 3/14/2017
The New Mexico Legislature passed two campaign finance reform bills. Senate Bill 96 defines “coordination” in campaigns, and requires disclosure of independent spending up to 30 days before a primary or 60 days before a general election. It also doubles the donation limits for legislators to $5,000 for each primary and general election cycle. Senate Bill 97 refines and clarifies state law on public financing, which applies to judges and public regulation commissioners. Both bills now go to Gov. Susana Martinez.
New York – Preet Bharara Shunned Politics. His End Was Tinged by Them.
New York Times – Benjamin Weiser, Ben Protess, Matthew Goldstein, and William Rashbaum | Published: 3/12/2017
The Trump administration fired U.S. Attorney Preet Bharara after he refused to follow a Justice Department order to resign immediately. The order, which also applied to 45 other holdover U.S. attorneys who served under the Obama administration, came only a few months after Donald Trump, then the president-elect, had asked Bharara to stay in the job. It was a sudden and highly politicized end to Bharara’s seemingly apolitical tenure, which was noted for prosecutions of powerful politicians of both parties. As he leaves office, Bharara’s prosecutors are reaching a critical juncture in an investigation into the campaign fundraising of New York City Mayor Bill de Blasio and are preparing to try a group of former aides and associates of Gov. Andrew Cuomo in a bribery and bid-rigging case.
South Dakota – After Promising to Replace, Did Lawmakers Deliver on IM22?
Sioux Falls Argus Leader – Dana Ferguson | Published: 3/11/2017
Citing flaws and objections to parts of the voter-backed Initiated Measure 22 (IM22), South Dakota legislators vowed to repeal and replace the ethics reform law with bills to address the concerns of voters who supported the expansive ballot measure. The Legislature followed through, passing eight bills aimed at creating lobbyist restrictions, allowing for investigation of wrongdoing in state government, and requiring more disclosure in campaign finance. But it did not approve a public campaign finance program, set lower contribution limits, or rule out certain gifts from lobbyists. And the bills aimed at filling the void left by IM22 received mixed reviews in Pierre as lawmakers ended the main part of the legislative session.
Texas – Texas Congressional Maps Are Struck Down for Discrimination
New York Times – Manny Fernandez | Published: 3/11/2017
A panel of federal judges ruled that Texas’s Republican-led Legislature gerrymandered some of the state’s congressional districts to stunt the growing influence of minority voters. The decision invalidated three congressional districts in south and west Texas and in the Austin area. Although a remedy was not prescribed, redrawing the districts will probably aid Latino and Democratic voters. The congressional redistricting plan was drawn by the Legislature in 2011, the same year a voter ID law was passed that a federal appeals court ultimately found discriminates against minorities. The combination of rulings could lead to Texas being required to have election changes approved in advance by federal officials. It and other states were freed from that requirement by a U.S. Supreme Court decision in 2013.
Virginia – Virginia Lawmakers Are Accepting Drastically Fewer Gifts in Post-McDonnell Era, Data Shows
The Virginian-Pilot – Will Houp | Published: 3/9/2017
Both political parties in Virginia have drastically reduced what gifts they accept or report over the past three years. Lawmakers received $15,520 worth from May to October 2016, a 60 percent drop from that same six-month span in 2015. The average gift last year was $131; it was $195 two years ago. After former Gov. Bob McDonnell was convicted in 2014 on multiple counts of public corruption, lawmakers placed new limits on the value of gifts they can accept. And despite the U.S. Supreme Court overturning McDonnell’s conviction last year, many legislators are reluctant to accept anything that reaches the $50 threshold needed to report it.
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.
March 10, 2017 •
News You Can Use Digest – March 10, 2017
Federal: ‘Big Candy’ Is Lobbying the Trump Administration. It’s Also Holding Events at Trump Hotels. Washington Post – Amy Brittain and Jonathan O’Connell | Published: 3/7/2017 The National Confectioners Association, which represents Hershey, Mars, and Jelly Belly, among other companies, […]
Federal:
‘Big Candy’ Is Lobbying the Trump Administration. It’s Also Holding Events at Trump Hotels.
Washington Post – Amy Brittain and Jonathan O’Connell | Published: 3/7/2017
The National Confectioners Association, which represents Hershey, Mars, and Jelly Belly, among other companies, is doing a lot of business with President Trump’s company. In addition to its gathering of 600 attendees for an industry conference at the Trump National Doral resort near Miami, the group has booked two upcoming meetings, in September and again in 2018, at the Trump International Hotel in Washington, D.C. At the same time, the organization is optimistic about scoring policy wins from the Trump administration. The matter illustrates a repercussion of Trump’s decision to retain ownership of his business during his time in the White House, that he can become financially intertwined with a special interest that is simultaneously seeking to influence policy decisions by his administration.
Ethics Questions Dogged Agriculture Nominee as Georgia Governor
New York Times – Eric Lipton and Steve Eder | Published: 3/7/2017
Sonny Perdue, who is awaiting confirmation to serve as President Trump’s agriculture secretary, became a target of frequent criticism that he was failing to honor his ethics pledge to reform state government during his eight years as Georgia governor. The criticism centers on the fact that, as Trump has, he continued to own or help run his family business ventures – four farming-related companies – while serving as governor. His confirmation is on hold as the Office of Government Ethics office must examine Perdue’s proposal to avoid conflicts while running the department, which may include selling off some of his farming assets. Before his tenure as governor ended in 2011, 13 complaints had been filed against Perdue with Georgia’s ethics commission, which on two occasions ruled he violated state ethics laws.
Iraq’s Lobbyists Mobilized after Travel Ban, Documents Reveal
The Hill – Megan Wilson | Published: 3/7/2017
Lobbyists for the Iraqi government were in contact with Trump administration officials and lawmakers ahead of the decision to remove the country from the travel ban. Brownstein Hyatt Farber Schreck, a law and lobby firm, sent letters to senior administration officials, including Secretary of State Rex Tillerson and Secretary of Defense James Mattis, requesting the officials meet with Iraq’s new ambassador, Fareed Yasseen, and Naufel Alhassan, the deputy chief of staff to Iraq’s prime minister. The letters came about two weeks after President Trump signed an executive order temporarily banning individuals from seven Muslim-majority countries, including Iraq, from entering the U.S.
From the States and Municipalities:
Arkansas – Ex-Arkansas Senator Indicted by U.S.; 2 Others Accused in Kickbacks Case
Arkansas Online – Doug Thompson | Published: 3/3/2017
Former Arkansas Sen. Jon Woods and two others were named in a federal indictment alleging corruption involving state funds intended for economic development in a case in which another former state lawmaker has already pleaded guilty. Woods of Springdale is charged with mail and wire fraud in the 13-count indictment that also names Oren Paris III and Randell Shelton, Jr. The indictment alleges Woods and former Rep. Micah Neal directed the Northwest Arkansas Economic Development District to distribute hundreds of thousands of dollars from the state’s general improvement fund that is intended for economic development to specific, unnamed entities. Neal pleaded guilty in January to arranging kickbacks with a then-unnamed former state senator. Neal said he received $38,000 from funds awarded to two entities by the district.
California – California Lawmakers Report Accepting $518,000 in Gifts, Including Travel and Expensive Meals
Los Angeles Times – Patrick McGreevy, Melanie Mason, and Chris Megerian | Published: 3/2/2017
Three years after Gov. Jerry Brown vetoed a bill that would have severely restricted gifts to public officials – limiting their value to $200 per giver, and banning amusement park and sports tickets – veteran lawmakers continue to rake in such gifts, many from special interest groups seeking favors from state government. The flood of 2,312 gifts totaling $518,000 to 114 lawmakers is troubling to former state Sen. Sam Blakeslee, who tried unsuccessfully four times to pass a bill that would have prohibited gifts from interests that employ lobbyists. “I believe these gifts are corrosive to the public trust and create an appearance of an unhealthy intimacy between legislators and moneyed interests,” said Blakeslee.
Colorado – Denver Council Approves New Ethics Rules, Including $300 Gift Limit
Denver Post – Jon Murray | Published: 3/6/2017
The Denver City Council adopted a series of changes to the ethics code that, for the first time, puts a monetary cap on the value of meals and event tickets council members and other city officials can accept from people over whom they have decision-making authority. That cap replaces a loose four-item limit that does not set a maximum value. Critics argued it was vulnerable to abuse. The new ordinance also creates an independent body to establish the list of people who are eligible to be appointed to the Denver Board of Ethics. It also expands the list of family members in the conflict-of-interest rules who cannot benefit from contracts or official action, among other provisions.
Maryland – Former Md. Del. Michael Vaughn Charged with Selling His Vote in Bribery Scheme
Washington Post – Linh Bui | Published: 3/8/2017
A federal grand jury indicted Former Maryland Del. Michael Vaughn on charges he took bribes to support a liquor license bill in the General Assembly and misused his campaign finance account. Vaughn is accused of accepting more than $10,000 in cash bribes from liquor store owners in exchange for his support of a 2015 bill that allowed some businesses in Prince George’s County to sell liquor on Sundays. With that bill passed, authorities say Vaughn worked during the 2016 session to block legislation that would have created more licenses to protect the liquor store owners. The indictment also alleges Vaughn siphoned money from his campaign account and used it for his personal benefit. He allegedly filed fraudulent campaign finance reports to cover up how he was using the money.
Massachusetts – Healey Hands Thornton Law Case to Independent Prosecutor
Boston Globe – Andrea Estes | Published: 3/4/2017
Massachusetts Attorney General Maura Healey will appoint a special prosecutor and recuse herself from any investigation into alleged campaign finance violations by Boston’s Thornton Law Firm, whose lawyers donated to her political campaign. The Office of Campaign and Political Finance said it has evidence the firm, a major Democratic funder, illegally reimbursed the firm’s partners and their spouses for up to $175,000 in campaign contributions. Thornton officials have said they did nothing wrong and the reimbursements, termed “bonuses” in the firm’s payroll records, were not really bonuses at all, but the partners’ own money, taken out of each’s equity in the firm.
New Jersey – David Samson Avoids Jail in United Airlines Bribery Scandal
NJ.com – Ted Sherman (NJ Advance Media) | Published: 3/6/2017
David Samson, a former attorney general of New Jersey and longtime friend of Gov. Chris Christie, avoided prison time during his sentencing for pressuring executives of United Airlines into operating a weekly flight to South Carolina for his personal convenience. Instead, he was ordered to serve one year of home confinement. Samson had pleaded guilty to bribery, admitting he had used his power as chairperson of the Port Authority of New York and New Jersey to coerce United into running the route even though it was not profitable. He had threatened to block the construction of a hangar that United needed at Newark Liberty International Airport if the airline did not provide the service. The route ended in Columbia, near one of Samson’s homes.
Ohio – Special Report: Politicians allowed freebies, favors under Ohio ethics laws
Dayton Daily News – Laura Bischoff | Published: 3/2/2017
Ohio’s ethics laws, which date to the Watergate scandal, exist to hold those in government accountable. The law covers 590,000 people, including 10,300 key officials who must file annual financial disclosure statements. State Ethics Commission Executive Director Paul Nick said Ohio has a track record for enforcement that is equaled by only a handful of other states. Ohio is not shy about who it goes after either: the list of public officials who have been caught violating ethics laws includes then-Gov. Bob Taft. Others say the laws themselves keep government clean and its officials honest. But a Dayton Daily News investigation found loopholes in Ohio’s system for policing unethical activity.
Tennessee – Exclusive: Jeremy Durham may face $7 million in state penalties
The Tennessean – Dave Boucher and Joel Ebert | Published: 3/8/2017
Former Rep. Jeremy Durham may face almost $7 million or more in state fines as a result of at least 690 violations of Tennessee’s campaign finance law. The information, contained in a “show cause” notice issued by the Tennessee Registry of Election Finance, also provides for the first time the names of prominent campaign donors and business owners who gave Durham thousands of dollars that the former lawmaker never reported on his campaign disclosures. The report also details nearly $76,000 in improperly disclosed campaign expenditures, on everything from Florida restaurants and airplane tickets to flowers and a Yankee Candle purchase. Among these findings are many of the more than $10,000 in illegal purchases Durham made that were included in a state audit.
Utah – Complaints Accuse Utah Lawmaker of Bullying, Berating School Officials in Front of Students
Salt Lake Tribune – Benjamin Wood | Published: 3/7/2017
Students who visit the Capitol during the legislative session get a civics lesson on state history and government, and, for at least one group of Utah County fifth-graders, a front-row view to rancorous politics. That is what Jenna Wood described in a letter to Senate President Wayne Niederhauser after witnessing an “agitated” Sen. Howard Stephenson threatening to sue Alpine School District administrators during a confrontation in the Capitol Rotunda with several of her daughter’s Foothill Elementary School classmates nearby. In a separate letter, Alpine Superintendent Sam Jarman complained about the incident and alluded to other confrontations with Stephenson, noting the most recent meeting was notable for occurring in a public place.
Utah – Jury Acquits John Swallow of All Charges
Deseret News – Dennis Romboy and McKenzie Romero | Published: 3/2/2017
Former Utah Attorney General John Swallow was acquitted of bribery and evidence tampering charges in one of the highest-profile scandals in state history. Jurors found Swallow not guilty of nine counts that also included obstruction of justice, falsifying government documents, and misuse of public funds. He had faced one to 30 years in prison. Prosecutors accused Swallow of hanging a virtual “for sale” sign on the door to the state’s top law enforcement office by taking campaign donations and gifts like beach vacations from fraudsters and businesspeople in exchange for favorable treatment. Salt Lake County District Attorney Sim Gill said it was a complex case where jurors were asked to consider matters that were not black and white but “various shades of gray.”
Washington – Ferguson Delivers the Laundry Bill: Grocery Manufacturers told to pay $1.1 million
Seattle Post-Intelligencer – Joel Connelly | Published: 3/1/2017
A Thurston County Superior Court judge ordered the Grocery Manufacturers Association (GMA) to pay $1.1 million in legal fees after it violated Washington’s campaign finance disclosure laws. Those fees are on top of the $18 million in fines the food industry trade group was ordered to pay in November. State Attorney General Bob Ferguson sued the GMA in 2013, claiming it failed to register and report its political committee that opposed voter Initiative 522. The initiative would have required labeling of genetically modified organisms, or GMOs, in food sold to consumers. Judge Anne Hirsch said the group “intentionally violated” state disclosure laws in its efforts to oppose the initiative.
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.
March 3, 2017 •
News You Can Use Digest – March 3, 2017
National: Companies Lobbying Government Keep Spending Secret from Shareholders: Report International Business Times – David Sirota | Published: 3/1/2017 A new report finds just 12 percent of publicly traded corporations in the S&P 500 disclose their lobbying expenditures to shareholders. […]
National:
Companies Lobbying Government Keep Spending Secret from Shareholders: Report
International Business Times – David Sirota | Published: 3/1/2017
A new report finds just 12 percent of publicly traded corporations in the S&P 500 disclose their lobbying expenditures to shareholders. Investors have increasingly called for corporate disclosure of both campaign contributions and lobbying. Some 90 percent of S&P 500 companies have board level policies regarding campaign contributions, compared to the 25 percent that have policies on lobbying. But those policies largely apply to the federal government. The study found disclosure at the state level is sparse. Five percent of S&P 500 corporations reveal which states they lobby in and two percent reveal aggregate lobbying costs.
Republican Lawmakers Introduce Bills to Curb Protesting in at Least 17 States
Washington Post – Christopher Ingraham | Published: 2/24/2017
Since the election of Donald Trump as president, Republican lawmakers in at least 17 states have introduced or voted on legislation to curb mass protests in what civil liberties experts are calling “an attack on protest rights throughout the states.” From Virginia to Washington state, legislators have introduced bills that would increase punishments for blocking highways, ban the use of masks during protests, and, in at least once case, seize the assets of people involved in protests that later turn violent. The proposals come after a string of mass protest movements in the past few years, covering everything from police shootings of unarmed black men to the Dakota Access Pipeline to the inauguration of Trump.
Federal:
Barring Reporters from Briefings: Does it cross a legal line?
New York Times – Adam Liptak | Published: 2/28/2017
The White House blocked a number of media outlets from entering Press Secretary Sean Spicer’s office for a scheduled briefing, a highly unusual breach of relations between the White House and its press corps. Aides to Spicer allowed in reporters from only a handpicked group of news organizations that, the White House said, had been previously confirmed to attend. Organizations allowed in included Breitbart News, the One America News Network, and The Washington Times, all with conservative leanings. Reporters from Time magazine and The Associated Press, who were set to be allowed in to the briefing, chose not to attend in protest. The White House move came hours after Trump delivered a slashing broadside against the news media in a speech at the Conservative Political Action Conference.
Sessions Met with Russian Envoy Twice Last Year, Encounters He Later Did Not Disclose
Washington Post – Adam Entous, Ellen Nakashima, and Greg Miller | Published: 3/1/2017
U.S. Attorney General Jeff Sessions spoke twice with Russia’s ambassador to the U.S. last year, raising new questions about contact between Trump campaign officials and the Kremlin. Sessions, a former senator from Alabama, did not disclose the contact with Russian Ambassador Sergey Kislyak during his confirmation hearings, testifying under oath that he “did not have communications with the Russians.” The contacts are coming under scrutiny because Sessions endorsed Donald Trump early in his presidential bid. A spokesperson for Sessions confirmed the contact with Kislyak, saying the attorney general spoke on the phone with the ambassador in September. That conversation took place during the time when intelligence officials assert that Russia was interfering with the U.S. presidential election through a hacking and influence campaign.
Supreme Court Backs FEC Disclosure Rules
Bloomberg BNA – Kenneth Doyle | Published: 2/28/2017
The U.S. Supreme Court upheld a requirement that forces groups to say who is paying for issue advertising directed at candidates in an approaching election. The justices affirmed a lower court decision in a case involving ads that mention candidates but do not call for the election or defeat of one. The Supreme Court has generally upheld disclosure requirements even as it has struck down limits on raising and spending money in political campaigns.
Trump Inspires Encryption Boom in Leaky D.C.
Politico – Andrew Restuccia and Nancy Cook | Published: 2/27/2017
In a capital worried about leaked information, many people are scrambling to cover their digital tracks. More than 70 workers from several federal agencies are using encrypted cellphone apps to arrange nighttime and weekend meetings at homes in the Washington, D.C. area to discuss their potential resistance to President Trump, said Danielle Brian, executive director of the Project on Government Oversight. The surge in the use of scrambled-communication technology – enabled by free smartphone apps such as WhatsApp and Signal – could skirt or violate laws that require government records to be preserved and the public’s business to be conducted in official channels. Defenders of federal workers argue that interest in encryption has skyrocketed as career employees ponder how to respond to an administration they fear will break the law and punish dissent.
Who’s Watching Trump’s Ethics Watchdogs?
Politico – Darren Samuelsohn | Published: 2/25/2017
The lawyers tasked with policing Donald Trump’s potential conflicts-of-interest are grappling with an oversight system that is disjointed and ineffective. More than two dozen attorneys working inside and outside government have a part of Trump’s ethics portfolio, but no one individual has visibility into the full picture. The set up means that in some cases the lawyers are overlapping while other areas of potential conflict go uncovered entirely. Perhaps a bigger issue for the watchdog effort is that the lawyers who have the job of safeguarding either the White House or the president and his family business do not see the conflict issues as deserving the significant attention they have received since Trump’s election win last November.
From the States and Municipalities:
Arizona – Arizona House Passes Bills to Restrict Citizen Initiatives
Arizona Republic – Mary Jo Pitzl | Published: 2/23/2017
In an attempt to gain control over laws proposed by citizens, the state House approved a package of bills designed to rein in the century-old initiative process enshrined in the Arizona Constitution at statehood. Opponents say the moves would undercut the power of the people to shape laws, and run counter to the citizen initiative process, while proponents argue lawmakers need the flexibility to fix unforeseen problems that might arise from a ballot measure. The measures now move to the Senate for consideration.
California – Regulators Investigating SDG&E for Potential Lobbying Violations
San Diego Union-Tribune – Joshua Emerson Smith | Published: 2/23/2017
State regulators said they are investigating San Diego Gas & Electric’s (SDG&E) efforts to influence the local adoption of government-run electricity programs, saying the company does not have permission to do so yet. Officials with SDG&E and its parent company, Sempra Energy, said the California Public Utilities Commission cleared their specially designated marketing division to lobby on community choice aggregation (CCA), a program that would give residents and businesses an alternative to SDG&E. After publicly lobbying on CCA before the San Diego County Board of Supervisors, officials with the SDG&E marketing arm, Sempra Services Corporation, said they have been meeting with lawmakers countywide on this issue. This lobbying caught the attention of the commission’s regulators. They said they are looking into the matter and violations could be subject to fines as high as $50,000 for each offense.
Colorado – How the Charities on Your Colorado Tax Form Used Connections, Money and Legislation to Earn the Coveted ‘Godsend’
Denver Post – Brian Eason | Published: 2/27/2017
Colorado’s charitable checkoff program became the nation’s first in 1977 and the state touts itself as a national leader for tax-season giving. The donations are collected when residents offer to donate portions of their tax refund or make contributions above the amount owed by filling out a supplemental form. But the official seal of approval by appearing on the form obscures uncomfortable realities. Most of the organizations receive no state oversight and won a spot with political clout. For groups that appear on the form, Sen. Lois Court said, “frequently it’s because there is a lobbyist available to help – that kind of knocks out those who can’t afford lobbyists.”
Florida – Rubio Is Asked to Leave Tampa Office Over Disruption from Weekly Protests
Tampa Bay Times – Tony Marrero | Published: 2/28/2017
The owner of Bridgeport Center has notified U.S. Mario Rubio’s office that it will not renew its lease in the Tampa office building. The reason is that demonstrations have become too disruptive to the other tenants and a costly expense for America’s Capital Partners, the building’s owner. A variety of progressive groups who oppose President Trump’s agenda have gathered at least once a week at the building, lining up on the sidewalk to wave signs and shout messages. Rubio’s seven statewide offices have been lightning rods for demonstrations. Gatherings in front of the Tampa office have surpassed 150 people.
Florida – Senator Seeks Probe into Whether Lobbyist Lisa Miller Posed as ‘Concerned Citizen’ During Call
Florida Today – Michael Malone | Published: 2/24/2017
State Sen. Kevin Rader is asking Gov. Rick Scott to investigate whether lobbyist Lisa Miller posed as a “concerned citizen” to mislead participants in a conference call with a company that rates Florida insurers. Miller has denied posing as someone named Mary Beth Wilson to praise Demotech, Inc. during the call. Demotech held the call to explain a change in its rating system and discuss the downgrade of some Florida insurance companies. Jeff Grady, president of the Florida Association of Insurance Agents, first reported on his blog that “most industry professionals” believed the caller was Miller, of Lisa Miller & Associates. He did not name her, but posted a link to her lobbyist registration page, which identifies her as representing Demotech, among other clients.
Illinois – Six More Lobbyists Face Fines for Using Emanuel’s Private Emails
Chicago Sun-Times – Fran Spielman | Published: 2/27/2017
After hitting former Uber executive David Plouffe with a record $90,000 fine for emailing Mayor Rahm Emanuel without registering as a lobbyist, the Chicago Board of Ethics issued probable cause letters to five more unregistered lobbyists and the companies they represent. A sixth letter was issued to a registered lobbyist accused of failing to report a contact, as required by law. Ethics board Chairperson William Conlon did not identify the six lobbyists in question or their companies. He would only say the maximum fines are “substantial” and the names would be released after the accused have an opportunity to respond and exercise their right to an administrative hearing. Other sources said all six individuals had lobbied Emanuel through the private email accounts the mayor used to conduct public business.
Minnesota – For Local Officials with Family Ties, Transparency Counts
Minnesota Public Radio – Brandt Williams | Published: 2/24/2017
Minneapolis City Council member and mayoral hopeful Jacob Frey got married last July, and his wife is a lobbyist. Sarah Clarke works for Hylden Advocacy and Law, which lobbies state and local governments, including Minneapolis. governments, including Minneapolis. In March of last year, the firm represented an industry group which opposed a proposed prohibition on plastic carry-out bags. Frey was one of 10 council members who voted to approve the ban. But Frey initially neglected to note his wife’s employment on a form he and other Minneapolis elected officials have to file every January. The so-called statement of economic interest form requires city officials to disclose any outside sources of compensation, along with that of their spouses or domestic partners.
New Jersey – A $500 Contribution to Republicans Costs Paving Company $7M
NJ.com – Dave Hutchinson (NJ Advance Media) | Published: 2/27/2017
A court upheld the decisions of two New Jersey agencies to rescind two contracts totaling about $7 million to a paving business and ban the company from any state contracts through the remainder of Gov. Chris Christie’s second term because of its $500 contribution to Somerset County Republicans. The court found that the donation disqualified Della Pello Paving from receiving state contracts under the state’s “pay-to-play” law, which bars state contracts exceeding $17,500 to a business that contributed more than $300 during the preceding 18 months to the governor, a candidate for governor, or any state or county political party committee.
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.
February 24, 2017 •
News You Can Use Digest – February 24, 2017
Federal: Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017 President Trump’s ouster of national security adviser Michael Flynn, and the circumstances […]
Federal:
Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House
Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017
President Trump’s ouster of national security adviser Michael Flynn, and the circumstances leading up to it, have become a major crisis for the fledgling administration, forcing the White House on the defensive and precipitating the first significant breach in relations between Trump and Congress. Senate Majority Leader Mitch McConnell said it was “highly likely” the events leading to Flynn’s departure would be added to a broader probe into Russian meddling in the U.S. presidential election. Intercepts showed Flynn discussed U.S. sanctions in a phone call with the Russian ambassador, a conversation topic that Flynn first denied and then later said he could not recall. McConnell’s comments followed White House revelations that Trump was aware “for weeks” that Flynn had misled Vice President Pence and others about the content of his late December talks with Russian Ambassador Sergey Kislyak.
Report Shows ‘Untapped Power’ of Constituent Advocacy
Roll Call – Bridget Bowman | Published: 2/13/2017
The Congressional Management Foundation released a report highlighting more than a decade’s worth of its surveys that show how citizens can best influence lawmakers. According to the group’s research, citizens who show up in person and are well-prepared with facts and arguments can have a sizable impact on undecided legislators. But recent flare-ups at town hall meetings across the country have also demonstrated the impact of constituents who show up and make their voices heard. Bradford Fitch, one of the report’s authors, said phone calls and emails are not necessarily the most effective ways of communicating with legislators, and neither is a confrontation. “When you’re yelling, Congress isn’t listening,” Fitch said.
Trump Campaign Aides Had Repeated Contacts with Russian Intelligence
New York Times – Michael Schmidt, Mark Mazzetti, and Matt Apuzzo | Published: 2/14/2017
Intercepted calls and phone records show several aides and allies to President Trump’s campaign were in contact with senior Russian intelligence officials. Current and former U.S. officials who spoke with The New York Times said the contacts were discovered during the same time that intelligence agencies were investigating Russia’s extensive hacking campaign, later determined to be aimed at helping Trump win the White House. The agencies sought to learn whether the Trump campaign was colluding with the Russians on the hacking or other efforts. The officials interviewed said so far, they had seen no evidence of such cooperation. But the intercepts alarmed American intelligence and law enforcement agencies, in part because of the amount of contact that was occurring while Trump was speaking glowingly about Russian President Vladimir Putin.
Who is Donald McGahn, the Fiery Lawyer at the Center of Virtually Every Trump Controversy?
Washington Post – Matt Zapotosky and Sari Horwitz | Published: 2/14/2017
As White House counsel, Donald McGahn is supposed to provide the president with legal guidance on the thorniest issues of the day, and to manage disputes between power players inside the administration and the various executive agencies. McGahn has been at the center of virtually every controversy during the Trump administration. He is a veteran campaign finance lawyer and former member of the FEC. Before taking over the role in the administration, he worked at the Jones Day law firm and as general counsel to the Trump campaign. He is a consummate Washington insider, but like the man for whom he works, he has an independent streak, those who know him say. “Don is not a buttoned-down guy,” said Bradley Smith, a law professor at Capital University and longtime professional friend of McGahn.
From the States and Municipalities:
Florida – At Miami’s Airport, There’s Economy, First Class and … Politician
Miami Herald – Douglas Hanks | Published: 2/8/2017
A new report from the Miami-Dade ethics commission chastised the county-owned Miami International Airport for offering elected officials VIP treatment, including golf-cart rides, cutting to the front of security and Customs, and other courtesies normally reserved for foreign dignitaries. Investigators concluded most of the trips by officeholders came during official government business. But there are multiple mentions of personal travel too, including trips to visit sick relatives and other unspecified vacations. The airport’s Protocol Office arranged four escorts for Rebeca Sosa, a county commissioner, and three for her sister. “These are unexplained,” the report said of the sibling’s VIP transits.
Florida
These Lawmakers Are On the Payroll of Firms That Lobby the Legislature
Sarasota Herald-Tribune – Zac Anderson | Published: 2/12/2017
The Florida Bar Association once issued a formal ethics opinion effectively prohibiting state lawmakers from working at firms that lobby the Legislature. That ethics opinion was rescinded in 1999 and now at least six Florida lawmakers, including the House speaker, work for law firms that lobby the Legislature. Those who defend the practice say there are provisions in state law and legislative rules to address any conflicts-of-interest. Some also argue that restricting such employment would discourage well-qualified individuals from serving in the Legislature because they would have to give up their jobs with big firms.
Kentucky – GOP Senators Want to Cut Sex Harassment Training
Louisville Courier-Journal – Morgan Watkins | Published: 2/13/2017
A few Republican state senators want to eliminate required sexual harassment training for lawmakers and cut back on the ethics-related instruction they receive, citing concerns about the effectiveness of those initiatives. Sen. John Schickel is sponsoring a bill would repeal existing requirements for lawmakers to go through sexual harassment and workplace harassment training. It also would require Kentucky legislators to sit through only 30 minutes of ethics-related instruction each January instead of the three hours currently mandated by state law. “It’s nothing more than political correctness training,” Schickel said. “If you don’t have good manners and good values when you come to Frankfort, I can assure you Frankfort will not teach them.”
Maryland – Gov. Hogan’s Office Has Blocked 450 People from His Facebook Page in Two Years
Washington Post – Ovetta Wiggins and Fenit Nirappil | Published: 2/8/2017
After a deluge of comments asking that he denounce President Trump’s controversial travel ban, Maryland Gov. Larry Hogan’s office blocked numerous posters and deleted their messages from his Facebook page. Gubernatorial spokesperson Doug Mayer said the governor’s office has blocked 450 people since Hogan took office two years ago. The office does not have a specific policy for handling comments on Hogan’s page, which has more than 146,500 likes. Mayer said most of the removed comments were “vulgar, derogatory, hateful or racist,” but aides have also deleted those that are a part of an organized effort. Erich Sommerfeldt, a public relations professor at the University of Maryland, said deleting negative comments, rather than responding to them, can hurt a company or public figure’s brand.
Missouri – Campaign Contribution Law Bans Corporation Donations to All Candidates
Missouri Times – Benjamin Peters | Published: 2/14/2017
Constitutional Amendment 2, which was approved by Missouri voters in November, places limits and rules on how candidates and committees can accept donations, including how much can be given. A recent advisory opinion from the Missouri Ethics Commission says the new law prohibits a corporation or labor organization from making direct contributions to a campaign committee, candidate committee, exploratory committee, or political party. That means no corporation may contribute to a candidate’s campaign at the statewide level. But with the race for St. Louis mayor and a number of local and municipal elections weeks away, the question has been raised of whether these rules apply to municipal election.
New Jersey – N.J. Election Agency Could Soon Fill Key Posts
Bergen Record – Salvador Rizzo | Published: 2/14/2017
Gov. Chris Christie and Democratic senators have struck a deal to reactivate New Jersey’s election watchdog agency, which has been toothless for nearly a year, unable to hold meetings or punish candidates who violate campaign finance restrictions. Senate Democratic leaders said they expect to fill all of the vacancies by March 13 on the Election Law Enforcement Commission (ELEC). Restoring ELEC to its full power is key to ensuring the integrity of this year’s election for governor, all 120 legislative seats, and hundreds of local races, experts said. Three persistent vacancies on ELEC’s four-member board have prevented it from holding meetings since last March, an unprecedented 11-month stretch of inactivity since the agency was founded in 1972.
North Carolina – N.C. Supreme Court Blocks Law Stripping Governor of Election Oversight Powers
Winston-Salem Journal – Richard Craver | Published: 2/13/2017
The North Carolina Supreme Court blocked a state law that strips the new Democratic governor of powers to oversee elections. A lower appeals court briefly let the law to take effect, allowing a revamped state elections board to meet for the first time. It is one of the changes passed in December that shifted power over running elections away from Gov. Roy Cooper. The law ends the practice of allowing the governor’s party to hold majorities on all state and county elections boards. Elections board positions would be evenly divided between major-party partisans. Republicans would control elections during even-numbered years, typically election years. It also combines the State Board of Elections with the campaign finance, lobbying, and ethics commissions into one state agency.
Tennessee – Amid Ongoing Durham Scandal, Probe Shows Problems with Law
The Tennessean – Joel Ebert and Dave Boucher | Published: 2/13/2017
A recent state audit that said former Rep. Jeremy Durham violated Tennessee’s campaign finance law is “packed with problematic stuff” that may provide fertile ground for an ongoing federal probe, said former U.S. Attorney Jerry Martin. The scrutiny on Durham shines a light on the state campaign finance law, created with light punishments by those it is intended to police. In addition, Durham’s actions outlined in the audit offer a glimpse of the criminal consequences he could face.
Texas – How Blind Is This Texas Oil Regulator’s Blind Trust, Managed by His Brother-in-Law?
Dallas News – Steve Thompson | Published: 2/7/2017
Since his election to a seat on the Texas Railroad Commission in 2014, Ryan Sitton has voted on dozens of issues involving energy companies that hire his firm, Pinnacle Advanced Reliability Technologies. Its business is helping clients ensure equipment stays reliable. Many of these issues have come before the oil and gas commission as part of its consent agenda, where items of no controversy are packaged together for approval. But a few have been contentious, and Sitton has played big roles in deciding them. Not once has Sitton disclosed a relationship or recused himself. Texas law prohibits state officials from voting on matters in which they have a “personal or private interest” and requires them to publicly disclose such conflicts. But the law does not clearly define a “personal or private interest.”
Vermont – Scott Administration Discourages Fraternizing with Lawmakers, Lobbyists
Vermont Press Bureau – Neal Goswami | Published: 2/10/2017
Vermont Gov. Phil Scott reportedly has directed staff and administrative personnel to avoid fraternizing after hours with legislators and lobbyists, but some observers say the directive is unrealistic in tiny Montpelier. Many states have codes of conduct for state employees and officials to follow regarding lobbyists, as do the federal government and the armed forces. But how realistic is Scott’s directive given the long tradition of lawmakers, lobbyists, and state officials rubbing – and bending – elbows together after hours?
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.
February 17, 2017 •
News You Can Use Digest – February 17, 2017
Federal: Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017 President Trump’s ouster of national security adviser Michael Flynn, and the circumstances leading up […]
Federal:
Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House
Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017
President Trump’s ouster of national security adviser Michael Flynn, and the circumstances leading up to it, have become a major crisis for the fledgling administration, forcing the White House on the defensive and precipitating the first significant breach in relations between Trump and Congress. Senate Majority Leader Mitch McConnell said it was “highly likely” the events leading to Flynn’s departure would be added to a broader probe into Russian meddling in the U.S. presidential election. Intercepts showed Flynn discussed U.S. sanctions in a phone call with the Russian ambassador, a conversation topic that Flynn first denied and then later said he could not recall. McConnell’s comments followed White House revelations that Trump was aware “for weeks” that Flynn had misled Vice President Pence and others about the content of his late December talks with Russian Ambassador Sergey Kislyak.
Report Shows ‘Untapped Power’ of Constituent Advocacy
Roll Call – Bridget Bowman | Published: 2/13/2017
The Congressional Management Foundation released a report highlighting more than a decade’s worth of its surveys that show how citizens can best influence lawmakers. According to the group’s research, citizens who show up in person and are well-prepared with facts and arguments can have a sizable impact on undecided legislators. But recent flare-ups at town hall meetings across the country have also demonstrated the impact of constituents who show up and make their voices heard. Bradford Fitch, one of the report’s authors, said phone calls and emails are not necessarily the most effective ways of communicating with legislators, and neither is a confrontation. “When you’re yelling, Congress isn’t listening,” Fitch said.
Trump Campaign Aides Had Repeated Contacts with Russian Intelligence
New York Times – Michael Schmidt, Mark Mazzetti, and Matt Apuzzo | Published: 2/14/2017
Intercepted calls and phone records show several aides and allies to President Trump’s campaign were in contact with senior Russian intelligence officials. Current and former U.S. officials who spoke with The New York Times said the contacts were discovered during the same time that intelligence agencies were investigating Russia’s extensive hacking campaign, later determined to be aimed at helping Trump win the White House. The agencies sought to learn whether the Trump campaign was colluding with the Russians on the hacking or other efforts. The officials interviewed said so far, they had seen no evidence of such cooperation. But the intercepts alarmed American intelligence and law enforcement agencies, in part because of the amount of contact that was occurring while Trump was speaking glowingly about Russian President Vladimir Putin.
Who is Donald McGahn, the Fiery Lawyer at the Center of Virtually Every Trump Controversy?
Washington Post – Matt Zapotosky and Sari Horwitz | Published: 2/14/2017
As White House counsel, Donald McGahn is supposed to provide the president with legal guidance on the thorniest issues of the day, and to manage disputes between power players inside the administration and the various executive agencies. McGahn has been at the center of virtually every controversy during the Trump administration. He is a veteran campaign finance lawyer and former member of the FEC. Before taking over the role in the administration, he worked at the Jones Day law firm and as general counsel to the Trump campaign. He is a consummate Washington insider, but like the man for whom he works, he has an independent streak, those who know him say. “Don is not a buttoned-down guy,” said Bradley Smith, a law professor at Capital University and longtime professional friend of McGahn.
From the States and Municipalities:
Florida – At Miami’s Airport, There’s Economy, First Class and … Politician
Miami Herald – Douglas Hanks | Published: 2/8/2017
A new report from the Miami-Dade ethics commission chastised the county-owned Miami International Airport for offering elected officials VIP treatment, including golf-cart rides, cutting to the front of security and Customs, and other courtesies normally reserved for foreign dignitaries. Investigators concluded most of the trips by officeholders came during official government business. But there are multiple mentions of personal travel too, including trips to visit sick relatives and other unspecified vacations. The airport’s Protocol Office arranged four escorts for Rebeca Sosa, a county commissioner, and three for her sister. “These are unexplained,” the report said of the sibling’s VIP transits
Florida – These Lawmakers Are On the Payroll of Firms That Lobby the Legislature
Sarasota Herald-Tribune – Zac Anderson | Published: 2/12/2017
The Florida Bar Association once issued a formal ethics opinion effectively prohibiting state lawmakers from working at firms that lobby the Legislature. That ethics opinion was rescinded in 1999 and now at least six Florida lawmakers, including the House speaker, work for law firms that lobby the Legislature. Those who defend the practice say there are provisions in state law and legislative rules to address any conflicts-of-interest. Some also argue that restricting such employment would discourage well-qualified individuals from serving in the Legislature because they would have to give up their jobs with big firms.
Kentucky – GOP Senators Want to Cut Sex Harassment Training
Louisville Courier-Journal – Morgan Watkins | Published: 2/13/2017
A few Republican state senators want to eliminate required sexual harassment training for lawmakers and cut back on the ethics-related instruction they receive, citing concerns about the effectiveness of those initiatives. Sen. John Schickel is sponsoring a bill would repeal existing requirements for lawmakers to go through sexual harassment and workplace harassment training. It also would require Kentucky legislators to sit through only 30 minutes of ethics-related instruction each January instead of the three hours currently mandated by state law. “It’s nothing more than political correctness training,” Schickel said. “If you don’t have good manners and good values when you come to Frankfort, I can assure you Frankfort will not teach them.”
Maryland – Gov. Hogan’s Office Has Blocked 450 People from His Facebook Page in Two Years
Washington Post – Ovetta Wiggins and Fenit Nirappil | Published: 2/8/2017
After a deluge of comments asking that he denounce President Trump’s controversial travel ban, Maryland Gov. Larry Hogan’s office blocked numerous posters and deleted their messages from his Facebook page. Gubernatorial spokesperson Doug Mayer said the governor’s office has blocked 450 people since Hogan took office two years ago. The office does not have a specific policy for handling comments on Hogan’s page, which has more than 146,500 likes. Mayer said most of the removed comments were “vulgar, derogatory, hateful or racist,” but aides have also deleted those that are a part of an organized effort. Erich Sommerfeldt, a public relations professor at the University of Maryland, said deleting negative comments, rather than responding to them, can hurt a company or public figure’s brand.
Missouri – Campaign Contribution Law Bans Corporation Donations to All Candidates
Missouri Times – Benjamin Peters | Published: 2/14/2017
Constitutional Amendment 2, which was approved by Missouri voters in November, places limits and rules on how candidates and committees can accept donations, including how much can be given. A recent advisory opinion from the Missouri Ethics Commission says the new law prohibits a corporation or labor organization from making direct contributions to a campaign committee, candidate committee, exploratory committee, or political party. That means no corporation may contribute to a candidate’s campaign at the statewide level. But with the race for St. Louis mayor and a number of local and municipal elections weeks away, the question has been raised of whether these rules apply to municipal election.
New Jersey – N.J. Election Agency Could Soon Fill Key Posts
Bergen Record – Salvador Rizzo | Published: 2/14/2017
Gov. Chris Christie and Democratic senators have struck a deal to reactivate New Jersey’s election watchdog agency, which has been toothless for nearly a year, unable to hold meetings or punish candidates who violate campaign finance restrictions. Senate Democratic leaders said they expect to fill all of the vacancies by March 13 on the Election Law Enforcement Commission (ELEC). Restoring ELEC to its full power is key to ensuring the integrity of this year’s election for governor, all 120 legislative seats, and hundreds of local races, experts said. Three persistent vacancies on ELEC’s four-member board have prevented it from holding meetings since last March, an unprecedented 11-month stretch of inactivity since the agency was founded in 1972.
North Carolina – N.C. Supreme Court Blocks Law Stripping Governor of Election Oversight Powers
Winston-Salem Journal – Richard Craver | Published: 2/13/2017
The North Carolina Supreme Court blocked a state law that strips the new Democratic governor of powers to oversee elections. A lower appeals court briefly let the law to take effect, allowing a revamped state elections board to meet for the first time. It is one of the changes passed in December that shifted power over running elections away from Gov. Roy Cooper. The law ends the practice of allowing the governor’s party to hold majorities on all state and county elections boards. Elections board positions would be evenly divided between major-party partisans. Republicans would control elections during even-numbered years, typically election years. It also combines the State Board of Elections with the campaign finance, lobbying, and ethics commissions into one state agency.
South Dakota – Candy-Filled ‘Gift’ Watches to Legislators Cause Uproar
Rapid City Journal – Bob Mercer | Published: 2/14/2017
Two volunteer lobbyists put fake gold watches containing candy on the desks of South Dakota legislators recently. They mentioned it to a news reporter who later took a photograph showing four legislators wearing the watches. The reporter posted the photo on an Internet blog. The series of events sparked a backlash from supporters of Initiated Measure 22 who said the picture was offensive. The four senators in the photo voted to repeal the ballot measure. IM 22 would have created a publicly funded campaign system for candidates for the Legislature and state offices. It also would have established lobbyist gift limits, changed campaign contribution laws, and set up an ethics commission.
Tennessee – Amid Ongoing Durham Scandal, Probe Shows Problems with Law
The Tennessean – Joel Ebert and Dave Boucher | Published: 2/13/2017
A recent state audit that said former Rep. Jeremy Durham violated Tennessee’s campaign finance law is “packed with problematic stuff” that may provide fertile ground for an ongoing federal probe, said former U.S. Attorney Jerry Martin. The scrutiny on Durham shines a light on the state campaign finance law, created with light punishments by those it is intended to police. In addition, Durham’s actions outlined in the audit offer a glimpse of the criminal consequences he could face.
Texas – How Blind Is This Texas Oil Regulator’s Blind Trust, Managed by His Brother-in-Law?
Dallas News – Steve Thompson | Published: 2/7/2017
Since his election to a seat on the Texas Railroad Commission in 2014, Ryan Sitton has voted on dozens of issues involving energy companies that hire his firm, Pinnacle Advanced Reliability Technologies. Its business is helping clients ensure equipment stays reliable. Many of these issues have come before the oil and gas commission as part of its consent agenda, where items of no controversy are packaged together for approval. But a few have been contentious, and Sitton has played big roles in deciding them. Not once has Sitton disclosed a relationship or recused himself. Texas law prohibits state officials from voting on matters in which they have a “personal or private interest” and requires them to publicly disclose such conflicts. But the law does not clearly define a “personal or private interest.”
Vermont – Scott Administration Discourages Fraternizing with Lawmakers, Lobbyists
Vermont Press Bureau – Neal Goswami | Published: 2/10/2017
Vermont Gov. Phil Scott reportedly has directed staff and administrative personnel to avoid fraternizing after hours with legislators and lobbyists, but some observers say the directive is unrealistic in tiny Montpelier. Many states have codes of conduct for state employees and officials to follow regarding lobbyists, as do the federal government and the armed forces. But how realistic is Scott’s directive given the long tradition of lawmakers, lobbyists, and state officials rubbing – and bending – elbows together after hours?
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.
February 10, 2017 •
News You Can Use Digest – February 10, 2017
National: Scores of State Lawmakers Took Trips Subsidized by Controversial Turkish Opposition Movement Center for Public Integrity – Liz Essley Whyte | Published: 2/9/2017 Scores of state lawmakers from around the country have accepted trips subsidized by affiliates of a Turkish opposition group, […]
National:
Scores of State Lawmakers Took Trips Subsidized by Controversial Turkish Opposition Movement
Center for Public Integrity – Liz Essley Whyte | Published: 2/9/2017
Scores of state lawmakers from around the country have accepted trips subsidized by affiliates of a Turkish opposition group, which is blamed by that country’s government for a failed coup attempt. The Center for Public Integrity found some state lawmakers who went on the trips later introduced resolutions supporting Turkish opposition leader Fethullah Gulen’s controversial Hizmet movement. And some have supported charter schools that are part of a network of roughly 160 taxpayer-funded schools run by friends of the movement. Among those who went on the trips were legislators who had rarely traveled overseas. Many had little knowledge of Gulen or Turkish politics, and few of their states have trade connections to Turkey.
Federal:
Kellyanne Conway Promotes Ivanka Trump Brand, Raising Ethics Concerns
New York Times – Richard Pérez-Peña and Rachel Abrams | Published: 2/9/2017
President Trump’s official counselor, Kellyanne Conway, may have broken an ethics rule when she told television audiences to “go buy Ivanka’s stuff.” Federal employees are banned from using their public office to endorse products. Conway, appearing on “Fox & Friends” from the White House briefing room, was responding to boycotts of Ivanka Trump merchandise and Nordstrom’s discontinuation of stocking her clothing and shoe lines, which the retailer said was in response to low sales and which the president assailed as unfair. Don Fox, former general counsel and acting director of the Office of Government Ethics, said: “Conway’s encouragement to buy Ivanka’s stuff would seem to be a clear violation of rules prohibiting misuse of public office for anyone’s private gain.”
The Silencing of Elizabeth Warren and an Old Senate Rule Prompted by a Fistfight
Washington Post – Derek Hawkins | Published: 2/8/2017
Republican senators voted to formally silence a Democratic colleague for impugning a peer, U.S. Sen. Jeff Sessions, by condemning his nomination for attorney general while reading a letter from Coretta Scott King. U.S. Sen. Elizabeth Warren had been holding forth on the chamber floor on the eve of Sessions’ expected confirmation vote, reciting a 1986 letter from King that criticized Sessions’ record on civil rights. Majority leader Mitch McConnell stepped forward with an objection, setting off an extraordinary confrontation in the Capitol and silencing a colleague, procedurally, in the throes of a contentious debate over President Trump’s cabinet nominee.
Under-the-Radar Change to Congressional Ethics Watchdog May Weaken It
Washington Post – Elise Viebeck | Published: 2/8/2017
While initial Republican efforts to weaken the Office of Government Ethics (OGE) were thought to have been rebuffed, one little-noticed change that slipped through afterward is prompting fears among watchdogs that it could undermine the OGE’s work. The change relates to how new members are chosen for the OCE’s board, which authorizes its investigations. Under the final House rules package, the speaker and minority leader no longer must agree on their respective appointments to the board – they merely have to notify each other before proceeding with their own selections. That is raising concerns it could make the OCE more vulnerable to partisanship and, in the process, weaken its investigations of misconduct by lawmakers.
From the States and Municipalities:
Alabama – Luther Strange Senate Appointment Dismays Some Alabama Republicans
U.S. News & World Report – Steven Nelson | Published: 2/9/2017
Alabama Gov. Robert Bentley appointed state Attorney General Luther Strange to fill the Senate seat left vacant by Jeff Sessions, who was just confirmed as U.S. attorney general. The appointment follows questions about what role, if any, the Alabama attorney general’s office had in probing controversies swirling around the governor. The state attorney general’s office is conducting an investigation related to Bentley, against whom Strange requested impeachment efforts be stalled in November, citing “related work” by his office. Bentley is caught in a complex web of scandals involving an alleged affair with a now-former senior aide, and the alleged retaliatory firing of a state official who cooperated in the corruption prosecution of a legislative leader later sentenced to prison.
California – California’s Top Court to Decide Whether Emails and Texts Sent on Personal Devices Are Public Record
Los Angeles Times – Maura Dolan | Published: 2/2/2017
During a December hearing, the California Supreme Court appeared ready to rule that government business conducted on private telephones and computers must be made public. The quandary expressed by justices was how to fashion a rule to protect the privacy of government employees and still ensure that public business was open to inspection. Karl Olson, representing the news media, argued many public officials are deliberately using personal computers and telephones to conceal their communications Associations of cities, counties, and school boards throughout the state say any rule that requires them to turn over communications on private devices would be a huge and costly burden.
Connecticut – State Democrats Say Federal Campaign Finance Probe Has Ended
Washington Times – Susan Haigh (Associated Press) | Published: 2/2/2017
A federal investigation into whether Connecticut Democrats illegally raised money in support of the re-election of Gov. Dannel Malloy in 2014 has ended without criminal charges. Federal investigators looked into whether the Democratic Party illegally spent $278,000 in political contributions to pay for a mailing benefiting Malloy’s campaign. The money came from state contractors and was earmarked for federal candidates. But the state party argued the mailers touting Malloy’s record were part of an overall “get-out-the-vote” effort that also helped federal candidates.
Illinois – Redflex to Pay $20 Million to Chicago to Settle Lawsuit over Bribery Scheme
Chicago Tribune – David Kidwell | Published: 2/6/2017
A red-light camera company whose former chief executive pleaded guilty to a federal bribery charge will pay $20 million to settle a lawsuit with the city of Chicago. The deal ends a lawsuit the city filed against Redflex Traffic Systems, accusing Redflex of fraud and making false statements when it contracted in 2003 to run Chicago’s red-light camera enforcement program. Former Redflex Chief Executive Officer Karen Finley and former Chicago transportation official John Bills were convicted in a $100 million kickback scheme. Finley was given a two-year prison term and Bills received a 10-year sentence. Bills was accused of accepting envelopes stuffed with cash, along with gifts to help Redflex obtain contracts in a decade-long scheme.
New Mexico – Lobbyist Loophole Fix Stalls in Senate Committee
New Mexico In Depth – Sandra Fish and Trip Jennings | Published: 2/8/2017
A New Mexico Senate committee failed to approve a bill that would close a loophole a new law that allows lobbyists to disclose much less about how they spend money on public officials than they used to. The law passed last year removed a requirement for lobbyists to report expenses spent on individual lawmakers below $100. Previously, lobbyists had to report all spending, itemizing expenses spent above $75 per lawmaker and reporting the cumulative amount of expenses below $75 per lawmaker. As of July 1, 2016, lobbyists did not have to report any spending below $100 per lawmaker. The legislation’s sponsor said he will try again to get Senate Bill 168 passed by the Rules Committee.
New Mexico – Strange Bedfellows: How four Capitol couples negotiate love, lobbying, and legislating
Santa Fe Reporter – Matt Grubbs | Published: 2/8/2017
Four couples roaming the halls of the New Mexico Capitol have a unique relationship – one is legislator and the other is a lobbyist. The relationships bring with it both a comfortable familiarity and a set of unique pitfalls. State law does not speak specifically on the issue of a lobbyist-lawmaker relationship. The Governmental Conduct Act does say disclosure of potential conflicts “shall be a guiding principle for determining appropriate conduct. At all times, reasonable efforts shall be made to avoid undue influence and abuse of office in public service.”
Oklahoma – Capitol Influence: Lobbyists need more than money to succeed at state Capitol
Tulsa World – Barbara Hoberock and Randy Krehbiel | Published: 2/5/2017
To the public, influence at the state Capitol may seem to come down to who hands out the most campaign cash and hires the most lobbyists. Former legislative leaders acknowledged the roles of money and lobbyists in Oklahoma, but they also cited individual constituents, public opinion, unexpected events, lawmakers’ own experiences, and subtle and not-so-subtle attempts to shape perceptions of government.
Tennessee – Analysis: The power of Tennessee lobbyists
The Tennessean – Dave Boucher | Published: 1/28/2017
An analysis of lobbyist compensation, expenses, campaign expenditures, and legislative registration in recent years shows millions of dollars spent by hundreds of organizations every year to become power players at the statehouse. Lobbyists routinely meet with legislators, create client strategies, and often write the actual language in a bill. A winning strategy does not always mean passing a new law. Many times a win means defeating legislation or orchestrating a public campaign to educate key lawmakers. Some say this gives a handful of people too much influence. Lobbyists, however, say they merely represent the interests of a broad swath of constituents and do much more than try to win for their client.
Texas – Citizens United Lawyer Targets Texas Campaign Finance Laws
Arizona Daily Star – David Saleh Rauf (Associated Press) | Published: 2/7/2017
A case before the Texas Supreme Court could overturn longtime state laws that require certain political committees to disclose donors and ban direct political contributions from corporations. The conservative group King Street Patriots has been the focus of a longstanding lawsuit by the state Democratic Party accusing the organization of violating campaign finance laws by engaging in political behavior when it dispatched poll watchers on behalf of the Texas Republican Party during the 2010 election. But the nonprofit, represented by James Bopp, architect of the landmark Citizens United case, has fired back with a counterclaim challenging numerous provisions of the state’s campaign finance law.
Utah – Gold Coins, Posh Trips Form Backdrop in Utah Bribery Trial
Fresno Bee – Lindsay Whitehurst (Associated Press) | Published: 2/7/2017
A corruption scandal that prosecutors say connected wealthy businesspeople and powerful politicians against a backdrop of luxury vacations, gold coins, and a surreptitiously recorded meeting at a Krispy Kreme doughnut shop is set to come to a Utah courtroom. Former Utah Attorney General John Swallow is charged with 13 counts of bribery, evidence tampering, and other crimes. He was arrested in 2014, along with his predecessor and onetime boss, Mark Shurtleff, who had been attorney general for more than a dozen years. Authorities said the two hung a virtual “for sale” sign on the door to the state’s top law enforcement office, taking campaign donations and gifts like beach vacations in exchange for favorable treatment in investigations.
Washington – Trump EPA Official Juggles Two Jobs in Two Washingtons, and It Hasn’t Gone Well.
Washington Post – Lisa Rain and Bradley Dennis | Published: 2/7/2017
Washington Sen. Doug Ericksen defended his role at the U.S. Environmental Protection Agency (EPA), saying he could handle his Senate responsibilities while also helping the Trump administration. Ericksen stressed that his federal government job was only temporary, and has not hindered the Senate or an environmental committee he chairs. Ericksen is one of 10 people on the EPA transition team and is serving as communications director in Washington, D.C. for up to 120 days. Because of the job, he has missed significant time in Olympia during the first few weeks of the legislative session. Ericksen’s absence is the linchpin to party control of the state Senate, since Republicans control the chamber by just one vote. Without him, party-line votes are tied, with the lieutenant governor in a position to break the tie in Democrats’ favor.
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.
February 3, 2017 •
News You Can Use Digest – February 3, 2017
National: Fatigued by the News? Experts Suggest How to Adjust Your Media Diet New York Times – Christopher Mele | Published: 2/1/2017 Some say it feels as if we are living inside a blizzard of news, with information constantly bombarding us. […]
National:
Fatigued by the News? Experts Suggest How to Adjust Your Media Diet
New York Times – Christopher Mele | Published: 2/1/2017
Some say it feels as if we are living inside a blizzard of news, with information constantly bombarding us. The result is a fatigue about the headlines – lately about politics – that has prompted some people to withdraw from the news, or curb their consumption of it. Experts said they had not seen data to conclude that consumers had changed their habits to protect their mental health, but added that the news ecosystem had changed drastically over the past five years, accelerating the sense of information overload. “Journalists … should be more involved in managing the insane flow of information and misinformation; it would be better if we had an approach that said, ‘Calm down,'” said media professor Dan Gillmor.
Federal:
Resistance from Within: Federal workers push back against Trump
Washington Post – Juliet Eilperin, Lisa Rein, and Marc Fisher | Published: 1/31/2017
The signs of popular dissent from President Trump’s opening volley of actions have been plain to see on the nation’s streets, at airports in the aftermath of his refugee and visa ban, and in the outrage on social media. But there is another level of resistance to the new president that is less visible and potentially more troublesome to the administration: a growing wave of opposition from the federal workers charged with implementing any new president’s agenda. Federal workers are in regular consultation with recently departed Obama-era political appointees about what they can do to push back against the new president’s initiatives. Some federal employees have set up social media accounts to anonymously leak word of changes that Trump appointees are trying to make. And a few government workers are pushing back more openly.
Trump Ethics Rules Curtail Lobbyists, While Also Loosening Some Obama Restrictions
Washington Post – Matea Gold | Published: 1/28/2017
President Trump signed an executive order that strengthens certain restrictions on lobbying that had been adopted under President Obama, while weakening others. Executive branch employees, including those in the White House, will now be barred for five years after they leave government from lobbying the federal agency where they worked. Under Obama, they had to wait until the end of the administration, meaning a shorter ban for some departing officials. Former executive branch officials will now also be permanently banned from serving as foreign lobbyists.
Trump’s Campaign Paid His Businesses Millions Over Course of Campaign
Politico – Kenneth Vogel | Published: 2/1/2017
President Trump’s campaign spent a total of $12.7 million at businesses run by him and his family members over the course of the 2016 presidential election. The largest sums went to Trump’s airline, TAG Air, which received $8.7 million as Trump used his own jet to fly around the country. Another $2 million went to Trump Tower, the skyscraper that housed his campaign headquarters. The spending at Trump properties, which continued after he won the election, underscores how much he was willing to mingle his political and business operations, from buying meals at his own Trump Grill to renting space at his own golf clubs.
White House Says LGBT Protections for Federal Workers Will Remain
Washington Post – Juliet Eilperin and Sandhya Somashekhar | Published: 1/30/2017
An executive order protecting federal employees from anti-LGBTQ discrimination that was first signed in 2014 by President Barack Obama will continue under President Donald Trump, the White House said. Obama’s order expanded protections in federal hiring, which already barred discrimination on the basis of sexual orientation, to also include gender identity. And it required all companies doing business with the federal government to have explicit policies barring discrimination against gay and transgender workers. It applies to 24,000 companies that collectively employed about 28 million workers, representing about a fifth of the U.S. workforce.
From the States and Municipalities:
Alaska – Is It Time for a Lobbyist Union? Juneau Representative Proposes 2.5 Percent Industry Tax
Alaska Dispatch News – Nathaniel Herz | Published: 1/31/2017
Alaska Rep. Sam Kito introduced an income tax bill recently, but only for lobbyists. House Bill 91 would levy a two-and-one-half percent income tax on the annual earnings of legislative lobbyists. The measure would replace the state’s current $250 registration fee. Kito said the money raised from the tax will support the Alaska Public Offices Commission, which oversees the activity of candidates and lobbyists. He said the Legislature’s Division of Legal Services has not raised any concerns about directing the income tax at a specific group of Alaskans. The bill also calls for a $100 registration fee from anyone running for political office.
Arizona – How The Wrong Letterhead Exposed Phoenix’s Toothless Lobbying Rules
Arizona Republic – Rob O’Dell and Dustin Gardner | Published: 1/31/2017
A Phoenix law firm did not properly register as a lobbyist with the city for two years, and recently filed falsely dated documents that made it appear the firm had followed the law, according to City Attorney Brad Holm. Even though Holm determined Burch & Cracchiolo was not properly registered, he said the city cannot not take action against anyone who violates the lobbyist registration ordinance. Holm said that is because much of the lobbyist ordinance lacks an “enforcement mechanism,” a conclusion reached by the city’s law department recently.
California – Spending on Lobbying in California Tops $309 Million, the Second-Highest Amount Ever Recorded in the State
Los Angeles Times – Patrick McGreevy | Published: 2/1/2017
Interest groups spent $309 million on lobbying government officials in California last year, with the oil industry, environmental organizations, labor unions, and the health industry pouring the greatest amounts into legislative and regulatory battles. It is the second time in the state’s history that more than $300 million has been spent in a year, just short of the record $314 million paid out for lobbying in 2015. Seeing such large amounts spent by wealthy interests is a concern, public advocates say, because it reflects an effort to exert heavy influence on government officials that average citizens may not be able to match.
Massachusetts
Slots Ballot Question Backers Fines $125,000 for Campaign Finance
Boston Globe – Michael Levenson | Published: 1/27/2017
Developer Eugene McCain led the public charge to push Ballot Question 1, which would have allowed the construction of Massachusetts’ second slots parlor on property he owns near the Suffolk Downs race track in Revere. But the measure was defeated in November, and now McCain’s political committee has agreed to pay $125,000 to state campaign finance regulators for hiding the identity of the ballot measure’s backers.
Michigan – Dozens of Former State Employees Now Work for Contractors
Lansing State Journal – Justin Hinkley | Published: 1/27/2017
A Lansing State Journal investigation identified 87 former state employees in Michigan who are now working for major state contractors, consultants, or vendors, nearly half of whom started working for the contractor immediately after leaving state government. Six of those employees are now working for contractors they oversaw while employed by the state government. The investigation found no examples of quid-pro-quos, such as state employees favoring contractors to get a job. But monitoring for such problems is difficult because no one in Michigan regularly tracks where the nearly 49,000 state employees go when they leave the government workforce. Michigan is one of only nine states that do not put limits on where civil servants can work after they leave state employment.
Montana – Motl Can Remain Until Replacement Is Confirmed
Great Falls Tribune – Matt Volz (Associated Press) | Published: 2/1/2017
The Montana Supreme Court ruled that Commissioner of Political Practices Jonathan Motl’s term has expired, but he can remain in office until a successor is found. The ruling comes in a lawsuit that claimed Motl is entitled to a full six-year term ending in 2019, and not the January 1 expiration date set by Gov. Steve Bullock and confirmed by the Montana Senate. Republican legislative leaders have been seeking Motl’s removal from the office amid the dispute, and at one point tried to cut off the commissioner’s pay. Two people have submitted applications to replace Motl: his chief legal counsel, Jamie MacNaughton, and former Billings City Commissioner Michael Larson.
Oregon – Oregon Lawmakers Pay Their Businesses with Campaign Funds – It’s Legal, But Is It Ethical?
Portland Oregonian – Gordon Friedman | Published: 1/27/2017
At least 11 Oregon lawmakers have tapped campaign funds to pay their business or nonprofit in the last decade. The cash expenditures, made by Democrats and Republicans in the state House and Senate, range from a few hundred dollars to tens of thousands. All said their payments fell within the bounds of the state’s campaign finance statute. Oregon law allows candidates to buy goods and services at “fair market value” from their own businesses with campaign funds, said state Elections Director Steve Trout. Candidates are only barred from using campaign funds to buy intangibles, like “political consultancy or advising,” he said. But it appears two lawmakers may have done just that.
South Dakota – South Dakota Senate Sends Ethics Law Repeal to Governor
ABC News – James Nord (Associated Press) | Published: 2/1/2017
South Dakota lawmakers passed a bill that repeals Initiated Measure 22, a voter approved plan that instituted a public campaign finance system, created a state ethics commission, and tightened campaign finance and lobbying laws. Republican lawmakers contend those provisions are unconstitutional. They challenged the overhaul in state court, which put the initiative on hold while the case moves forward. An emergency provision means the bill would take effect immediately and could not be referred back it to the ballot. Lawmakers have filed proposals that would supplant provisions of the initiative, including similar restrictions on lobbyist gifts and more limited watchdog commissions.
Tennessee – In Tennessee, Lobbyists’ Employers Face Few Disclosure Rules
The Tennessean – Dave Boucher | Published: 1/28/2017
Tennessee law allows companies and organizations to report how much they paid lobbyists and how much they spent on other related expenditures as a range, not specific amounts. State law also does not require those companies to provide additional details about what money is spent on or who they were trying to influence. Bureau of Ethics and Campaign Finance Executive Director Drew Rawlins said companies do not need to provide any receipts or detailed accounting information on their semi-annual reports. While laws regulating lobbyists in other states vary, most require far more information from those employing lobbyists.
West Virginia – Potential Conflicts Also Issue for New WV Commerce Secretary
Charleston Gazette – Andrew Brown | Published: 1/31/2017
Woody Thrasher, West Virginia’s new secretary of the Department of Commerce, owns one of the largest engineering firms in the state and he still has to figure out what to do with his businesses now that he has joined state government. This is the first time Thrasher is serving in public office, but it is not the first time his private firm and other companies have interacted with the Department of Commerce and the state’s executive branch. Thrasher said he is removing himself from the day-to-day operations of his businesses but suggests he is not giving up his ownership.
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.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.