City Council has approved a proposal by Councilmember Dan Kalb to amend the Oakland City Charter to strengthen the authority, resources, and independence of the Public Ethics Commission.

The amendment would expand the authority of the commission by transferring filing officer duties from the city clerk for lobbying and campaign finance reporting. The seven-member commission would also be given the authority to enforce state ethics laws by imposing fines when four members agree by vote.

The amendment will now be placed on the November 2014 ballot.

The Fair Political Practices Commission (FPPC) has adopted updates to regulations affected by the recent enactment of Senate Bill 27. The new law closes “dark money” loopholes used to avoid disclosure of contributors by requiring large donations from nonprofits and other multipurpose organizations to be reported.

The new regulations modify the definition of “contribution” to include a payment made to a multipurpose organization when used for a contribution or expenditure by the multipurpose organization. Large transfers from one multipurpose organization to another will now require the original source of the funds to be disclosed. The top 10 contributors to state committees will be posted online by the FPPC.

The Ethics Commission has produced a summary of changes to the city lobbyist ordinance taking effect July 26, 2014. Ordinance File No. 130374 expands the definition of “lobbyist” and requires random audits of lobbying reports.

Meeting the registration threshold of a lobbyist will now depend on the number of compensated contacts with a covered official rather than the level of compensation received. The lobbying exemption for contractors and their attorneys will be limited to in-house officers and employees. Outside consultants communicating with public officials regarding contract bidding and negotiating will be subject to the registration and reporting requirements of lobbying.

The commission’s summary is available here. 

The Ethics Commission has voted to prevent independent committees from using material produced by candidates in committee advertisements.

The amendment to the Election Campaign Control Ordinance (ECCO) will classify a committee’s otherwise independent payment as a “contribution” if the payment is for an advertisement duplicating materials found in a candidate’s advertisement or on the candidate’s website. Such payments would be subject to both contribution limits and source prohibitions.

The amendment now must be considered by City Council. Approval is not expected before September, 2014.

Photo of the San Diego skyline courtesy of Tomcio77 on Wikimedia Commons.

The Board of Supervisors passed amendments to the city’s lobbying law at a meeting on June 17, 2014. Ordinance 130374 expands the definition of “lobbyist” and requires random audits of lobbying reports.

The lobbying exemption for contractors and their attorneys will be limited to in-house officers and employees. Meeting the definition of a lobbyist will now depend on the number of compensated contacts with a covered official rather than the level of compensation received. Outside consultants communicating with public officials regarding contract bidding and negotiating will be subject to the registration and reporting requirements of lobbying.

The ordinance will be effective 30 days following Mayor Ed Lee’s signature.

The Senate has passed resolutions to tighten ethics laws by creating a new position of ethics ombudsman, installing protections for whistleblowers, and banning the raising of campaign funds during August, the last month of the legislative year. A bill to extend the fundraising blackout period to the Assembly fell four votes short of the two-thirds needed for approval.

The Senate also approved an amended bill to regulate travel gifts and the use of campaign funds. Senate Bill 831 initially would have barred acceptance of gifts of travel worth more than $8,000, but was amended to only require nonprofit groups paying for legislators’ travel to disclose donor information.

Neel Kashkari is the Republican nominee for governor after placing second with 19 percent of the vote in the first primary election for governor held under California’s open primary rules. The top two finishers in the primaries move on to the general election, regardless of party affiliation.

Kashkari, a native of Stow, Ohio, ran the federal bailout of the U.S. banking system and finished second to Gov. Jerry Brown, who took nearly 55 percent of the returns. Brown, who currently enjoys high approval and campaign donations, is expected to be elected to a record fourth term in November.

The Ethics Commission adopted a resolution stating it will not enforce the aggregate limit on contributions to city candidates in light of the U.S. Supreme Court’s ruling in McCutcheon v. Federal Election Commission.

The San Francisco Campaign and Governmental Conduct Code imposes an aggregate limit of $500 multiplied by the number of city elective offices to be voted on in the election. The McCutcheon decision found federal aggregate limits to be a violation of constitutional free speech.

The city’s $500 limit on contributions from an individual to a single city candidate remains in full force.

The resolution is available here.

The Board of Supervisors will soon vote on ethics legislation introduced last year by City Attorney Dennis Herrera and Board of Supervisors President David Chiu. Ordinance 130374 would amend the Campaign and Governmental Conduct Code to expand the definition of lobbyist and require random audits of lobbying reports.

The lobbying exemption for contractors and their attorneys would be limited to in-house officers and employees. Meeting the definition of a lobbyist would depend on the number of contacts with officials rather than the previous measure of compensation. Outside consultants communicating with public officials regarding contract bidding and negotiating would be subject to the registration and reporting requirements of lobbying.

The ordinance will likely be decided at the board meeting on June 10, 2014.

The 9th Circuit U.S. Court of Appeals has upheld political committee disclosure requirements of California’s Political Reform Act of 1974.

The ProtectMarriage.Com et al. v. Bowen et al. decision denied a challenge to semiannual disclosures requiring the identification of individuals who contributed more than $100 during or after a campaign, in addition to each contributor’s address, occupation, and employer.

The court further held the government’s interest in disclosing contributions to ballot initiative committees was not merely a pre-election interest.

The Ethics Commission’s website is currently inaccessible due to repeated DDOS (distributed denial-of-service) attacks on the commission’s website hosting vendor.

The Commission’s electronic filing systems remain accessible here.

Status updates regarding the commission’s website are available here.

The Assembly is now considering a bill passed by the Senate to further restrict gifts to lawmakers. Senate Bill 1443 prohibits all gifts from lobbyists and reduces the value of gifts state officials can receive from a non-lobbyist source to $200 per calendar year. Currently, lobbyists may provide gifts of $10 per calendar month and officials can receive $440 from a non-lobbyist source per calendar year.

The bill also prohibits most recreational tickets to concerts, professional sporting events, and amusement parks.

Photo of the California Senate chamber by David Monniaux on Wikimedia Commons.

Gov. Jerry Brown has signed a bill to close “dark money” loopholes used to avoid disclosure of campaign contributors.

Senate Bill 27 requires large donations from nonprofits and other multipurpose organizations to be disclosed. The top 10 contributors to state committees will now be posted online by the Fair Political Practices Commission.

The bill becomes effective immediately, but with a delayed operative date of July 1, 2014.

The Assembly has passed a bill to ban fundraisers at the homes of lobbyists. Assembly Bill 1673 passed without a no vote and without debate.

The bill modifies the definition of “contribution” by removing a $500 exception for home or office fundraisers if the host of the fundraiser is a lobbyist, lobbying firm, or lobbyist employer. Any payments by the lobbying occupant related to the costs of the fundraiser would then potentially be a prohibited contribution to officials and candidates.

In the Senate, a similar home fundraiser bill (Senate Bill 1441) currently awaits a floor vote.