On October 31, the Regional Council of Halifax, Nova Scotia will begin the first steps to considering a lobbying ordinance for the city.

Councillor Shawn Cleary is scheduled to “request a staff report with recommendations for the creation and maintenance of a municipal lobbyist registry, which should include a regular, transparent reporting process, and contains a jurisdictional scan for best practices in other municipal, provincial and federal governments,” according to the agenda for the meeting.

Currently, there is no lobbyist registry for the city of Halifax. “I’m not saying we’re going to be the most open and transparent government in the world, but simply by having a registry, even if it’s updated infrequently, is better than not having one at all. Are we going to have the Cadillac of registries? No. But can we have a Chevy? Maybe,” Cleary told the Halifax website The Coast.

The Santa Fe City Council will hold a public hearing on a bill relating to campaign finance on December 13, 2017. The bill will remove public disclosure of independent expenditures for groups supporting or opposing ballot measures.

On January 10, 2018, the City Council will hold a public hearing on a bill regarding procurement. If adopted, the bill regarding procurement would adopt the New Mexico procurement code as the purchasing manual for Santa Fe.

Both bills are available at the Santa Fe, New Mexico website.

The Joint Commission on Public Ethics (JCOPE) will conduct a public hearing on proposed regulations in Hearing Room A of the Legislative Building, 198 State Street, Albany, New York on October 30, from 1-4 p.m.

The proposed regulations compile existing guidelines and advisory opinions regarding rules and requirements related to lobbying. The proposals were originally introduced in October 2016 and were reviewed in December 2016.

After the public hearing, JCOPE will review comments and decide if further amendments must be made. If the rules are adopted, JCOPE must follow the State Administrative Procedures Act and file the full text of the rule with the Department of State.

More information about the proposed regulations are available at JCOPE’s website.

In United Healthcare Services, Inc. v. Mayor & City Council of Baltimore, United Healthcare Services, Inc. (United) was not awarded the city of Baltimore’s Request for Proposal (RFP) for medical administration services despite being fully compliant with listed Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) goals.

The companies awarded the contract did not comply with the requested MBE and WBE set at 11 percent and 4 percent respectively. After United complained, the city allowed the selected offerors to revise their MBE and WBE forms.

United filed suit against the city alleging violations of Baltimore’s procurement laws. The court found the city “is generally given a wide berth in making its decisions,” and United cannot point to a provision in the City Code the city clearly violated.

Additionally, the City Code only requires bidders make a “good faith effort” to be in compliance with the RFP and “the City has more expertise interpreting the City Code, and its own rules, than the Court.”

In turn, United failed to establish it would be likely to succeed on the merits.

Gov. Jerry Brown signed Assembly Bill 867 into law, recasting various provisions of the Political Reform Act regarding the definition of the term contribution.

The law moves the behested payment reporting requirements out of the definition of contribution, and instead places those requirements in the part of the campaign disclosure sections of the act.

Additionally, the law provides specific definitions for terms related to behested payments and the reporting of such payments.  The law is effective January 1, 2018.

The Oklahoma Ethics Commission held an informal meeting this week to review a proposed amendment regarding a cooling-off period for elected officials and state employees.

The proposed amendment would require state employees and public officials to wait 2 years before registering as a lobbyist or representing another entity before the agency he or she previously served.

Supporters believe a cooling-off period prevents a conflict of interest while opponents to the proposed amendment feel it discourages involvement in government.

The proposal also includes a waiver of the restriction if the intent of the cooling-off period would not be undermined when waived.

The Legislature of Guam passed one bill and is contemplating another that will change the electoral process in the territory.

Bill 156-34, passed Friday, Ocotober 27, 2017, proposes moving the date of primary elections and changing the filing date for candidate nomination papers; while Bill 45-34 calls for the elimination of primary elections in their entirety.

If Bill 45-34 also passes and both bills are signed by the governor, whichever bill is signed second will void the one that is signed first.

Ethics

Justice Department Agrees to Settle Lawsuits Over IRS Scrutiny of Tea Party Groups by Matt Zapotosky for Washington Post

California: Sexual Harassment Complaints Topic of California Assembly Public Hearings by Alexei Koseff for Sacramento Bee

Florida: City Commissioners Nix Key Wording in Ethics Ordinance by Jeff Burlew for Tallahassee Democrat

South Carolina: South Carolina GOP Caucus: Open records law doesn’t apply by The Associated Press for Raleigh News and Observer

Campaign Finance

FEC Drops Foreign Money Case Involving Super PAC Contributions by Kenneth Doyle for Bloomberg BNA

Kansas: Kansas Ethics Panel Says No to Bitcoin Contributions, at Least for Now by Peter Hancock for Lawrence Journal-World

Lobbying

Florida: Ethics Board Cites Justin Sayfie, Capitol Group for Reporting Violations by Jim Rosica for Florida Politics

Illinois: Emanuel’s Ethics Board Walks Back $2,500 Fines Against 3 Who Illegally Lobbied Him by Bill Ruthhart for Chicago Tribune

Elections

Kentucky: Fired Elections Staffer Alleges Grimes Improperly Gathered Voter Data During Campaigns by Daniel Desrochers for Lexington Herald-Leader

Procurement

With Business Booming Under Trump, Private Prison Giant Gathers at President’s Resort by Amy Brittain and Drew Harwell for Washington Post

Let Becky give you this week’s Government and Ethics News You Can Use, and stick around for details on our annual donuts and cider sale on Halloween to benefit the United Way of Summit County!

National:

Black Executives Join Forces, Forming a PAC to Back Them Up
New York Times – Kate Kelly | Published: 10/24/2017

Dozens of black executives and their spouses joined U.S. Sens. Cory Booker and Kamala Harris, as well as Eric Holder Jr., the former attorney general, for a private dinner in July in Bridgehampton, New York. Many attendees had long been part of an informal group of friends and associates who raised money for philanthropies or policy issues on an ad hoc basis. At the dinner, they decided it was time to use their wealth and stature in a more formal way. By early 2018, the group hopes to start a political action committee, creating a new fundraising model for corporate executives of color. The group would support candidates of any political party who fit the PAC’s agenda.

Russia’s Favored Outlet Is an Online News Giant. YouTube Helped.
New York Times – Daisuke Wakabayashi and Nicholas Confessore | Published: 10/23/2017

As investigators examine the scope and reach of Russian interference in American politics, the once-cozy relationship between RT and YouTube is drawing closer scrutiny. YouTube played a crucial role in helping build and expand RT, an organization the U.S. intelligence community has described as the Kremlin’s “principal international propaganda outlet” and a key player in Russia’s information warfare operations around the world. While Kremlin-aligned agents secretly built fake Facebook groups to foment political division and deployed hordes of Twitter bots to stoke criticism of Hillary Clinton, RT worked out in the open, bolstered by one of the largest online audiences of any news organization in the world and a prominent presence on YouTube’s search results.

Study: Despite changing demographics, the political playing field still tilts toward white men
Washington Post – Vanessa Williams | Published: 10/24/2017

Women are running for office in larger numbers in the run-up to the 2018 midterm elections, but most of them face formidable odds because of long-standing practices and attitudes that are more favorable to men. The Reflective Democracy Campaign study finds that despite the growing diversity within the U.S. population, 90 percent of elected officials, from the local to the national level, are white, and most are male. Even in some jurisdictions in which the majority of the residents are people of color, the elected leadership is dominated by whites. The report’s authors point to gatekeepers such as political parties and outside groups that provide financial and logistical support to candidates as more often working to maintain the status quo than helping to elect candidates more reflective of their communities.

Federal:

As G.O.P. Bends Toward Trump, Critics Either Give in or Give Up
New York Times – Jonathan Martin and Jeremy Peters | Published: 10/25/2017

Some observers see an existential threat to traditional Republicans as the Grand Old Party risks a longer-term transformation into the Party of Trump. President Trump’s brand of hard-edge nationalism is taking root within his adopted party, and those uneasy with grievance politics are either giving in or giving up the fight. Many of those who remain will have to accommodate the president to survive primaries from the pro-Trump right. The party establishment, Trump backers say, wants to govern as if the election never happened. “They still think the election was about Trump’s personality. It wasn’t. It was his ideas,” said Laura Ingraham, a pro-Trump talk show host.

Mueller Now Investigating Democratic Lobbyist Tony Podesta
NBC News – Tom Winter and Julia Ainsley | Published: 10/23/2017

Special Counsel Robert Mueller is investigating lobbyist Tony Podesta and the Podesta Group. Mueller, who is leading the investigation into Russia’s attempts to meddle in the U.S. election, is reportedly probing the firm to determine whether it violated the Foreign Agents Registration Act (FARA) in its work for the European Centre for a Modern Ukraine (ECMU). The non-profit ECMU was part of a public relations campaign run by former President Trump’s campaign chairperson, Paul Manafort, to support Ukraine’s reputation. Sources said the investigation into Podesta and his company began as more of a fact-finding mission about the ECMU and Manafort’s role in the campaign, but has now morphed into a criminal inquiry.

From the States and Municipalities:

Colorado: Cub Scout Is Exiled After Pressing Legislator on Guns and Race
New York Times – Christine Hauser | Published: 10/22/2017

A Cub Scout was forced out of his den after he strongly questioned a state lawmaker about her stance on gun control. Ames Mayfield, 11, was asked to leave the den, the groups Cub Scouts are organized in, after he pushed Colorado Sen. Vicki Marble about her stance on gun legislation and past comments she made about health issues among black people. Soon after the event, Marble met with the leader of the Cub Scout pack that includes Mayfield’s den. Afterward, the leader told Mayfield’s mother that he was upset over the questions on guns and Mayfield would have to leave that den.

Florida: City Manager Asked Lobbyist for Football Tickets
Tallahassee Democrat – Jeff Burlew | Published: 10/24/2017

Tallahassee City Manager Rick Fernandez asked a local lobbyist for four tickets to a Florida State University football game last year. The text exchange was delivered to the state ethics commission, which is investigating a complaint involving Fernandez. Florida’s ethics laws prohibit public officials from knowingly accepting, a gift from someone who lobbies the public official’s agency if he or she reasonably believes that the gift has a value over $100.  The box seat football tickets, which had an estimated total value of about $2,000, were not included in Fernandez’s public gift disclosures. There is no indication in the texts that the city manager paid for the tickets.

Missouri: New Limits to Campaign Financing Confuse Missouri’s Political Candidates
St. Louis Public Radio – Jo Mannies | Published: 10/24/2017

Missouri candidates are grappling with the new restrictions to campaign donations mandated by Amendment 2. Voters approved the constitutional amendment in 2016, putting an end to the Missouri’s status as one of only a handful of states without donation limits. But flaws in the new system are prompting the General Assembly and political activists to seek more changes. The Missouri Ethics Commission, charged with enforcing the new law, has had its hands full. The panel has issued at least 15 different opinions addressing various provisions of Amendment 2. It is also in the middle of several lawsuits.

Montana: Donors Once Again Much More Limited in Contributions to Montana Candidates
Helena Independent Record – Amy Beth Hanson (Associated Press) | Published: 10/23/2017

The Ninth U.S. Circuit Court of Appeals reinstated Montana’s previous limits on the amount of money candidates can receive. In May 2016, a federal judge declared that Montana’s contribution limits were unconstitutional and voided those caps. That kicked the state back to amounts set before a 1994 initiative where voters lowered how much candidates could collect. The Ninth Circuit’s actions bring Montana back to the voter-approved limits. A summary of the court’s opinion said the panel found the limits “both justified by and adequately tailored to the state’s interest in combating quid pro quo corruption or its appearance.”

New York: Former Top Assembly Ethics Official: Position a ‘waste of money’
Albany Times Union – Chris Bragg | Published: 10/22/2017

In the wake of former Assembly Speaker Sheldon Silver’s indictment on fraud and extortion charges, his successor embarked on what seemed like a major reform. Speaker Carl Heastie was praised for conducting a nationwide search for the leader of the newly created Assembly Office of Ethics and Compliance. In September 2015, Heastie announced that Jane Feldman, a respected former top ethics official in Colorado, would lead the office. But only a few months after taking the position, Feldman began to doubt that Heastie was serious about reform. Looking back, Feldman regards her hiring in large part as a public relations move by the legislative chamber’s leadership.

New York: Reform Group Criticizes JCOPE’s Online Lobbying Filing System
Albany Times Union – Chris Bragg | Published: 10/24/2017

Reinvent Albany released a report calling the New York Joint Commission on Public Ethics’ (JCOPE) online lobbying filing system “antiquated and outdated.” The group says certain filings raise questions about whether information is accurately and completely reported. Former top state lobbying official David Grandeau, now a private attorney, also submitted comments on JCOPE’s proposed comprehensive lobbying regulations alleging that a number go beyond what is allowed in state law.

Pennsylvania: Irate Judge Gives Ex-Philly DA Seth Williams 5-Year Sentence in Bribery, Corruption Case
Philadelphia Inquirer – Jeremy Roebuck | Published: 10/24/2017

Former Philadelphia District Attorney Seth Williams, a career prosecutor who chased down municipal corruption but whose tenure was mired in a corruption scandal, was sentenced to five years in prison for accepting a bribe. “Your profound dishonesty has to be deterred,” U.S. District Court Judge Paul Diamond said before ordering that Williams be imprisoned immediately. An investigation into Williams’ financial affairs resulted in a wide-ranging indictment in which he was charged with accepting cash and gifts, fraudulently using thousands of dollars from his campaign fund for personal expenses, misusing city vehicles, and misappropriating money intended to fund his mother’s nursing home care.

South Carolina: Quinn’s State House ‘Tentacles’ Included Paying Lawmakers $1.3 Million, Judge Told
The State – John Monk | Published: 10/24/2017

For the first time, Solicitor David Pascoe laid out details of a much-rumored behind-the-scenes payoff scheme to buy influence at the South Carolina Legislature. Richard Quinn literally put lawmakers on the payroll of his consulting firm, working with now-former state Reps. Tracy Edge and Jim Harrison to peddle influence on certain legislation that would benefit his private industry clients. “[Quinn] used legislators, groomed legislators, and inspired legislators and others to violate multiple provisions of the state ethics act so they could all make money,” Pascoe told a judge.

Texas: Lawmakers Accept $1.5 Million While Passing Governor’s Agenda
Texas Monitor – Andrew McLemore | Published: 10/19/2017

During this summer’s special session of the Texas Legislature, the state’s top elected officials collected more than $1.5 million in campaign contributions. The lion’s share of those dollars went to Gov. Greg Abbott, who accepted nearly $900,000 during the two-month special session. State law prohibits campaign contributions during regular sessions but say nothing about accepting money during the special session. Some legislators see a conflict-of-interest in this practice and abstain. Most do not. Of the 183 officials involved in the legislative process, 103 reported campaign contributions during the special session.

Virginia: Ed Gillespie’s Lobbying Career Included Work for Firms with Vast Interests in Virginia
Washington Post – Beth Reinhardt | Published: 10/19/2017

If he is elected governor of Virginia, Ed Gillespie would face decisions in which the public’s interests may conflict with the interests of companies that have paid his firms millions of dollars collectively for lobbying and consulting services, and that could hire him again. Gillespie closed his consulting firm, Ed Gillespie Strategies, shortly before launching his campaign in January. The Republican nominee has no current financial interests in the companies, such as stock holdings, and he and his wife would put their personal investments in a blind trust if elected.

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.

Tempe City Council will vote next month on whether to send a ballot measure to voters next March seeking tighter restrictions on independent expenditures.

The Sunshine Ordinance would require groups making independent expenditures over $1,000 to disclose their organization name and source of funding. Tempe has not seen an uptick in independent expenditures yet but wants to prevent a future increase as independent expenditures are often associated with mud-slinging and attack ads.

The Mayor’s office and the Tempe Chamber of Commerce have expressed concern over the Sunshine Ordinance, worrying it might cause legal trouble for the city for infringing on first amendment rights and the Citizens United decision.

Even if the measure is approved by voters, as a charter amendment it will be automatically reviewed by the state to ensure there is no conflict with state law. 

The General Assembly adjourned on October 17, after finishing a special session convening on October 4.

The General Assembly overrode Governor Roy Cooper’s veto of Senate Bill 656, a bill canceling North Carolina’s judicial primaries next year.

The Legislature will reconvene on January 10, 2018.

Lobbying

Florida: “City Manager Asked Lobbyist for Football Tickets” by Jeff Burlew for Tallahassee Democrat

New York: “Reform Group Criticizes JCOPE’s Online Lobbying Filing System” by Chris Bragg for Albany Times Union

Campaign Finance

Arizona: “Tempe Considers Ballot Measure to Curb ‘Dark Money’ Influence in Elections” by Jerod MacDonad-Evoy for Arizona Republic

Missouri: “New Limits to Campaign Financing Confuse Missouri’s Political Candidates” by Jo Mannies for St. Louis Public Radio

Pennsylvania: “2 Top Brady Aides Charged in Probe of Payoff to 2012 Primary Rival” by Jeremy Roebuck, Chris Brennan, and Craig McCoy for Philadelphia Inquirer

Ethics

Illinois: “Women Want Statehouse Sexual Harassment Exposed – and Stopped” by Tina Sfondeles for Chicago Sun-Times

Pennsylvania: “Irate Judge Gives Ex-Philly DA Seth Williams 5-Year Sentence in Bribery, Corruption Case” by Jeremy Roebuck for Philadelphia Inquirer

South Carolina: “Quinn’s State House ‘Tentacles’ Included Paying Lawmakers $1.3 Million, Judge Told” by John Monk for The State

Tennessee: “Ethics Commission Levies $30,000 Fine Against Jeremy Durham” by Joel Ebert for The Tennessean

Elections

“Study: Despite changing demographics, the political playing field still tilts toward white men” by Vanessa Williams for Washington Post

“Clinton Campaign, DNC Paid for Research That Led to Russia Dossier” by Adam Entous, Devlin Barrett, and Rosalind Helderman for Washington Post

Lobbying

Washington: “Seattle Mayoral Aide Sees Conflict of Interest in Lobbying by Political Consultants” by Jim Brunner for Seattle Times

Campaign Finance

“Black Executives Join Forces, Forming a PAC to Back Them Up” by Kate Kelly for New York Times

Florida: “Beach Commissioner Resigns, Cuts Deal Barring Him from Public Office for One Year” by Joey Flechas and Nicholas Nehamas for Miami Herald

Idaho: “City Attorney Investigates Helicopter Promotion” by Bruyan Clark for Post-Register

Missouri: “Greitens’ Office Coordinated with Campaign Fund Over Top Missouri Schools Job, Report Shows” by Kurt Erickson for St. Louis Post-Dispatch

Ethics

California: “California Senate Hires Two Firms to Investigate Sexual Harassment Complaints” by Taryn Luna for Sacramento Bee

Oregon: “State Senator: Fellow senator groped me in Oregon Capitol” by Gordon Friedman for Portland Oregonian

Texas: “Prosecutors Drop All Remaining Charges Against Rep. Dawnna Dukes” by Nolan Hicks, Mark Wilson, and Ryan Autullo for Austin American-Statesman

Elections

“Russia’s Favored Outlet Is an Online News Giant. YouTube Helped.” by Daisuke Wakabayashi and Nicholas Confessore for New York Times

Legislative Issues

“Sen. Jeff Flake Will Retire, Citing Direction of GOP Under Trump” by David Weigel and Ed O’Keefe for Washington Post

Procurement

Montana: “Small Montana Firm Lands Puerto Rico’s Biggest Contract to Get the Power Back On” by Steven Mufson, Jack Gillum, Aaron Davis, and Arelis Hernandez for Washington Post