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.
December 17, 2010 •
Alabama Lawmakers Pass Seven Ethics Bills
Important changes made to lobbying and campaign finance rules.
The Alabama legislature concluded its special session late Thursday. The lawmakers passed versions of all seven bills proposed by Governor Bob Riley.
The new laws modify and strengthen state lobbying, campaign finance, and ethics rules. Among the highlights of the laws heading to the Governor’s desk is a requirement for those seeking a state grant or contract with the executive branch to register as lobbyists.
Under another pending bill, a lobbyist will be forbidden from giving an official a “thing of value” with certain exceptions, such as a meal costing $25 with a total limit of $125 per year. Governor Riley’s office has indicated each of the seven passed bills will be signed into law unless the staff reviewing them discovers mistakes or errors.
Photo of Alabama State Capitol by Jim Bowen on Wikipedia.
December 17, 2010 •
Hawaii State Ethics Commission Selects New Executive Director
Kondo to Become Executive Director of Hawaii State Ethics Commission in 2011
The Hawaii State Ethics Commission has selected Mr. Leslie H. Kondo to serve as the new Executive Director, effective January 11, 2011.
Kondo has served as a member of the Hawaii Public Utilities Commission since 2007, and has previously served as the director of the State Office of Information Practices. Mr. Kondo holds a law degree from the University of Hawaii.
December 14, 2010 •
California Senator Introduces Lobbying Bill
Lou Correa’s Bill Would Create Local Lobbying Regulation
State senator Lou Correa has introduced a Senate Bill 31, a law laying groundwork to eventually require local government lobbying registration. The law would apply to any municipality applying for a discretionary grant from any state agency or department.
The bill is, at this point, nothing more than an introductory statement but could force the hands of municipalities such as Orange County, who have thus far balked at attempts to regulate lobbying activities.
December 14, 2010 •
Wisconsin G.A.B. December Meeting Convenes
The Government Accountability Board December 2010 meeting will convene Tuesday, December 14 and Wednesday, December 15, 2010.
The meeting was postponed one day due to inclement weather. The open session will convene Tuesday at 9:30 a.m. The closed session will convene Wednesday at 9:00 a.m. The Government Accountability Board has scheduled its next meeting for Thursday, January 13, 2011. The meeting will be conducted by teleconference.
The public can observe the meeting at the Government Accountability Board offices, 212 East Washington Avenue, Third Floor in Madison, Wisconsin, beginning at 10:00 am.
The Government Accountability Board meeting notice and supplementary materials may be accessed here.
December 13, 2010 •
From the State of Mississippi
Secretary of State Rolls Out New Electronic Filing System for Lobbyists
On December 15, 2010, the Mississippi Secretary of State’s Office will roll-out a new electronic filing system for lobbyists and clients. The new electronic filing system is for 2011 new registrations and lobbying reports.
All 2010 cycle reports will be still be filed on paper.
The new electronic filing system may be accessed at: http://www.sos.ms.gov/elec/portal/msel/portal.aspx
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