January 5, 2011 •
Los Angeles Voters to Decide on Pay-to-Play Ban
Ballot measure will be decided on March 8
City Council has approved a ballot measure proposed by the Los Angeles Ethics Commission creating a ban on pay-to-play contributions.
If passed on March 8, the Charter amendment will prohibit companies bidding on city contracts from giving campaign donations to city candidates.
Companies found in violation of the ban would be barred from doing business with the city for one to four years.
Photo of the Los Angeles financial district by Bobak on Wikipedia.
January 4, 2011 •
Maine Commission on Governmental Ethics Sets 2011 Agenda
Commission on Governmental Ethics Seeks Independent Investigatory Powers and New Campaign Finance Restrictions in 2011
The Commission on Governmental Ethics and Election Practices has issued a memo outlining the agencies priorities for 2011. The commission seeks to investigate possible violations of legislative ethics on its own, even if no formal complaint is filed.
The commission also wishes to enact regulations that restrict legislative candidates from using Clean Election money to buy computers, cell phones, and other electronic equipment and increase the fine for failing to include a disclaimer on campaign communications from a maximum of $200 to a maximum of $5,000.
The Great Seal of Maine courtesy of Wikipedia.
January 4, 2011 •
No Gifts for Nevada Governor or Staff
Executive Order Signed
Governor Brian Sandoval signed Executive Order 2011-02 establishing a new ethics gift rule for the governor’s senior staff, cabinet, all division heads of cabinet agencies, and himself as governor.
The order prohibits gifts which might be intended to influence or reward an individual in the performance of his or her official business. The order also requires notification of the ethics requirements to vendors doing business with the state and those receiving state grants.
Photo of Governor Sandoval courtesy of Brian Sandoval on Wikipedia.
January 3, 2011 •
Proposed Bill for Disclosure of Lobbying of Local Indiana Governments
State Senator Wants Transparency
State senator Jim Arnold announced he will introduce legislation to regulate lobbying disclosure rules for all levels of local government in Indiana. In his proposed bill, spending by vendors bidding for contracts of $100,000 or more with a governmental body would trigger mandatory disclosure.
Local governmental officials, including county commissioners and city council members, would be required to report whenever a lobbyist spent money on them over a threshold limit.
The law is not intended to supersede local ordinances but would still establish and necessitate minimum requirements of disclosure.
Photo of State senator Jim Arnold courtesy of the Indiana Senate Web site.
December 30, 2010 •
Florida Grand Jury Issues Report on Public Corruption
Recommendations made
A grand jury convened to investigate government corruption has issued its first interim report.
The report makes various recommendations, including the elimination of “3-pack” advertising, where a political party may advertise jointly for three or more candidates without it being considered a contribution to any candidate.
The report also recommends a lifetime ban on vendors entering into any contract with Florida if convicted of a crime involving theft or procurement with the state.
Among the other suggestions the grand jury makes is a requirement candidates receive election and campaign finance law training. “Election and campaign laws constitute an intricate blanket of laws which can lead an honest and sincere public official or candidate to run afoul even with the best efforts to comply,” the report states.
The statewide grand jury had been called by Governor Christ and heard testimony for ten months.
December 30, 2010 •
Ohio Secretary of State Issues Independent Expenditure Rules
News Rules Respond to Citizens United
Secretary of State Jennifer Brunner has announced permanent rules affecting the disclosure of corporate independent expenditures in Ohio.
The rules address the impact of the recent Supreme Court ruling in Citizens United v. Federal Election Commission. The new rules address campaign expenditures by corporations, nonprofit corporations and labor organizations by requiring disclosure of the amounts the groups spend for independent campaign advertisements for or against a candidate or committee.
Affected groups who make independent expenditures will now have to include their Internet web address in their ads and must also disclose their ads have not been authorized by a candidate or committee. Independent expenditures by corporations or businesses with 20 percent or more foreign ownership are prohibited by the new rules. Finally, corporations or businesses which have been awarded state or federal money will not be allowed to influence Ohio elections with independent expenditures within a year of the award.
“The Citizens United case now allows corporations to make independent expenditures for and against candidates in state and federal campaigns, “ said Secretary Brunner. “I am pleased Ohio has in place new rules so Ohioans will know who is trying to influence their votes in Ohio elections.”
The new rules take effect January 7, 2011. You may view the rules at the Register of Ohio Web site.
Photo of Ohio Statehouse by Alexander Smith on Wikipedia.
December 28, 2010 •
Status of North Carolina Lobbyist Complaint Should Be Open
Not Prohibited Under Law
A superior court judge has ruled the Secretary of State cannot refuse to provide procedural information regarding a complaint made against a lobbyist. In NCICL v. North Carolina, Judge Paul G. Gessner found no basis in law for the refusal to grant information regarding a formal complaint previously made about a legislative lobbyist.
The Secretary of State had argued the state public records laws prohibited them from releasing any information, and had refused to reveal any details, including the status of the complaint or even whether any action had been taken.
December 27, 2010 •
Montana Governor Picks New Commissioner of Political Practices
Former Senate Staff Member Tagged to Replace Montana’s Top Ethics Official
Montana Governor Brian Schweitzer announced Friday he has chosen Jennifer Hensley to serve as the state’s top ethics official. Hensley will replace the current Commissioner of Political Practices Dennis Unsworth, whose six-year term expires at the end of the year.
A bipartisan group of four legislative leaders submitted the names of four candidates to the governor, including Hensley who has worked on several political and initiative campaigns and is the wife of state Senator Steve Gallus. Hensley must be confirmed by the senate before beginning a six-year term.
December 22, 2010 •
Commission Eases Restrictions on Former State Employees
New York Commission on Public Integrity Loosens Revolving Door Restrictions to Benefit Laid-off State Employees
The New York State Commission on Public Integrity has released an advisory opinion making it easier for state employees targeted by layoffs to gain new employment. The commission announced that the 30-day recusal period set forth in Advisory Opinion No. 06-01 has been suspended as it applies to state officers or employees who have been targeted for layoffs or state employees who may opt for relocation or layoff because their position will be eliminated.
State employees who pursue potential post-government employment opportunities must still recuse themselves from any matters pertaining to that private entity for the duration that the employee remains employed by the state agency, if targeted for layoff.
Flag of New York image courtesy of Wikipedia.
December 22, 2010 •
Broward County Commission Extends Ethics Rules to County Employees
The Broward County Commission has passed a new ethics law aimed at instituting a new standard of ethical behavior on all county employees.
The new ethics code is an extension of previous code which had been passed during the summer of 2010 to institute such a standard on the county commissioners. Following a training session scheduled for spring of 2011, all county employees who receive perishable gifts will be required to place them in an area where other employees and the public will be free to enjoy them, while non-perishable gifts will have to be turned over to the administration to be put to the public use.
Further, employees will not be permitted to accept personal gifts outside the office which could be perceived as being intended to influence their decisions as an employee of Broward County.
December 22, 2010 •
Holiday Shut-Down Days in Maine and Wisconsin
Bringing you some timely schedule information to keep in mind.
MAINE: The Maine Commission on Governmental Ethics and Election Practices will be closed December 23rd for a state government closure day. The Commission will also be closed the following day, December 24th, in observance of the Christmas holiday and on December 31st in observance of the New Year’s holiday.
WISCONSIN: The Government Accountability Board will be closed on December 24th, 2010 in observance of the Christmas holiday and on December 31st in observance of the New Year’s holiday.
December 21, 2010 •
Special Session Announced for Louisiana Legislature
Redistricting Planned
A special legislative session has been announced for March 30, 2011 to redraw state and federal districts. The redistricting will include congressional, state education board, and judicial districts.
Significant district changes are anticipated due to overall population decline and shifts in population concentration as a result of Hurricane Katrina. The session has been called by legislators, not the governor, for the first time in state history.
Photo of Louisiana State Capitol building by Bluepoint951 on Wikipedia.
December 21, 2010 •
Paul M. Nick Designated As Interim Executive Director of Ohio Ethics Commission
He starts January 1, 2011.
Paul M. Nick has been designated Interim Director of the Ohio Ethics Commission beginning January 1, 2011.
The Commission will meet on January 6, 2011 to formalize the appointment. Due to unforeseen circumstances, the Ohio Ethics Commission was unable to convene with a required quorum on December 20, 2011 to select an Interim Director. After consulting with the Commission Chair, Ben Rose, Executive Director David Freel designated Mr. Nick to succeed him in the interim. The Ohio Ethics Commission has begun a search for a permanent replacement for Director Freel who retires at the end of this year.
Paul Nick currently serves as the Ohio Ethics Commission’s Chief Investigative Attorney and has held the position since 2000. Mr. Nick joined the Commission in 1995 as Investigative Counsel. Prior to his experience with the Commission, Mr. Nick was an Assistant City Prosecutor with the City of Columbus.
You may read the Ohio Ethics Commission press release announcing Mr. Nick’s appointment here.
December 21, 2010 •
Governor Riley Approves Ethics Reform Bills
Alabama Governor Bob Riley signed seven bills relating to lobbying, campaign finance, and ethics into law yesterday.
While not as strict as the bills originally proposed by the Governor, the newly passed rules represent a dramatic overhaul to Alabama ethics law. Under the new rules, PACs will be forbidden from making transfers of funds to other PACs with a few exceptions.
State lawmakers will be unable to hold a second public job, and one bill imposes a ban on “pass-through pork” whereby a legislator can appropriate funds to a specific agency or project without legislative approval. In the new year, lobbyists will be required to complete a training program, and the State Ethics Commission will have subpoena power.
Another bill signed by Governor Riley will forbid public employees from donating to political groups via payroll deduction. This law has been criticized as politically motivated by state Democrats.
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.