On September 15, the Sacramento City Council voted to create an ethics commission with a new ethics code. The city clerk and city attorney were directed by the Council’s resolution to draft an Ethics Code for approval by the City Council at a later date.

An office of compliance will be created for city employee training of local and state ethics laws. Additionally, a redistricting commission is established to draw new boundaries for City Council districts. The city clerk and city attorney are to create language and appropriate action for the Council to act on placing a measure for redistricting on the November 2018 ballot. The proposals were approved by an 8-0 vote.

National:

Statehouse Sex Scandals Carry Public Costs, Consequences
Charlotte Observer – David Lieb (Associated Press) | Published: 9/14/2015

Two Michigan lawmakers lost their seats after an extramarital affair between them became public. At the same time, two state legislators in Minnesota, also married to other people, were forced to step down from an ethics committee after a ranger cited them for making out in a public park. These episodes follow scandals earlier in the year involving male lawmakers and their young interns in Missouri. Changing the environment inside Capitols can be a difficult task, potentially complicated by the reality that statehouses remain a largely male-dominated workplace. “This is something that goes on in any large institution, [especially when you] add a lot of power, money, and prestige, all of which are aphrodisiacs,” said Wally Siewert, director of the Center for Ethics in Public Life at the University of Missouri-St. Louis. “These are deep, kind of human psychological traits that you’re probably not going to change.”

Federal:

Democrats Seek to Expand Use of ‘Super PACs’
New York Times – Nicholas Confessore | Published: 9/14/2015

An emergency request filed with the FEC by the Democratic Party would pave the way for the creation of a host of new super PACs tailored to individual U.S. House and Senate candidates. The filing also indicates Democrats would, if allowed, seek to use tactics pioneered by Republican presidential candidates this cycle, helping prospective candidates establish and raise money for super PACs before they officially declare their intent to run. Most strikingly, the lawyers are asking the FEC to clarify how declared candidates, their campaign staff, and their volunteers can help court donors for independent super PACs.

Lobbyist Finds a Quiet Place to Work, as a Six-Figure U.S. Government Contractor
New York Times – Eric Lipton | Published: 9/14/2015

While earning more than $100,000 a year serving as executive director of the Commission for the Preservation of America’s Heritage Abroad, Jeffrey Farrow has simultaneously helped collect as much as $750,000 a year in lobbying fees, representing clients that include the governments of Puerto Rico and the Republic of Palau. At times, one agency staff member has alleged, Farrow handled some of his lobbying work while at the offices of the federal agency. Experts in government ethics and lobbying law said the different hats that Farrow has simultaneously worn – as a lobbyist, foreign agent, and executive director of a federal agency – is at minimum highly unusual.

Vet Group Hosting Trump Lost Nonprofit Status
Miami Herald – Jeff Horwitz (Associated Press) | Published: 9/16/2015

The IRS revoked the nonprofit status of the veterans benefit organization that hosted and sold tickets to a speech by Donald Trump aboard a retired U.S. battleship. Veterans for a Strong America’s endorsement of Trump at the event also could raise legal problems under campaign finance laws. The IRS cited the group’s failure to file any tax returns for three consecutive years. Under federal law, corporations are restricted to donating $2,700 either in cash or in-kind contributions to a campaign. But the event, which Veterans for a Strong America paid for, involved 850 attendees, putting the cost at roughly $11,000. The law also generally prohibits candidates from coordinating their campaign activities with outside groups, and prohibits corporations from spending more than a minimal amount announcing their endorsements.

From the States and Municipalities:

Alabama – Legal Defense Bill Draws Alabama Ethics Commission Fire
Montgomery Advertiser – Brian Lyman | Published: 9/11/2015

Alabama Ethics Commission Executive Director Tom Albritton criticized a bill that would let public officials solicit money from lobbyists and others for criminal defense funds. The legislation addresses a broad range of topics, from the definition of a widely attended event to clarifying the two-year ban on lobbying for former members of the Legislature. The bill would allow state officials to create legal defense funds within 10 days of receiving their first contributions. It also allows lobbyists and principals to contribute to legal defense funds without violating the state’s ban on giving a “thing of value” to a public employee or official. The bill does not set any limits on who can contribute to the legal defense funds, or how much.

Alabama – Mike Hubbard Says Alabama Ethics Law He Fought For Is Unconstitutionally Vague
AL.com; Associated Press –   | Published: 9/12/2015

Indicted House Speaker Mike Hubbard asked a judge to dismiss the case against him, arguing the Alabama’s ethics law he once championed is unconstitutional, and prosecutors and a grand jury stretched the bounds of the law when they charged him with 23 corruption counts. Hubbard is accused of using his offices as speaker and former position as state Republican Party chairperson to benefit his businesses by soliciting investments and clients and lobbying the governor’s office. His defense lawyers argued some of the activities and payments were constitutionally protected free speech and portions of the ethics law were unclear.

California – California Initiative Would Require More Campaign Finance Disclosure
Sacramento Bee – Christopher Cadelago | Published: 9/16/2015

A proposed ballot measure in California would close “dark money” loopholes for nonprofit donors by requiring disclosure of anyone who contributes $10,000 or more when the money ends up in a political effort. It also would update the state’s electronic filing system, make disclosure of contributors more apparent on television ads, and strengthen some penalties for violators. The measure would ban lobbyists and those who employ them from giving gifts of any value to public officials and cut from $460 to $200 the maximum value of gifts an individual can give to an official each year.

California – Sacramento City Council Approves Ethics Package
Sacramento Bee – Cathy Locke | Published: 9/16/2015

The Sacramento City Council approved an ethics reform plan, including the creation of an ethics commission and an independent redistricting commission. The council also accepted the city auditor’s finding that the city’s sexual harassment policy needs to be updated. The ethics commission is to focus on complaints involving campaign finance, lobbying, conflicts-of-interest and other issues involving city ordinances or policies. The panel would receive findings from an independent, third-party investigator and determine the appropriate action, such as administrative penalties or fines. The council directed the city clerk to work with the city attorney to draft an ethics code for review and approval by late December or early next year.

California – San Diego Lobbyist Fee Nearly Quadruples
San Diego Union-Tribune – David Garrick | Published: 9/15/2015

The San Diego City Council voted to raise the annual lobbyist registration fee from $40 to $150. Annual registration fees paid by clients who hire lobbyists will double to $30. The hikes take effect in January. City Clerk Elizabeth Maland said the increases are warranted based on the time and effort her office spends tracking and analyzing the work of lobbyists, which includes traditional lobbying, campaign activity, and fundraising efforts. Maland has said she plans to begin increasing the fees every three years.

Connecticut – Former Bridgeport Mayor, Out of Prison, Declares Victory in Primary
New York Times; Associated Press –   | Published: 9/16/2015

A former mayor of Connecticut’s largest city who spent seven years in prison for corruption narrowly won the Democratic primary, making him the likely favorite to win back the office in the November election. Joseph Ganim was confirmed as the victor over current Bridgeport Mayor Joseph Finch in a close election. Ganim was sentenced to prison in 2003 for steering city contracts in exchange for hundreds of thousands of dollars in expensive wine, custom clothes, cash, and home improvements.

Florida – Lobbyist Miscues Laid Out in Legislative Report
Sarasota Herald-Tribune – Brandon Larrabee (News Service of Florida) | Published: 9/11/2015

To try to gauge whether lobbying firms were leveling on reports they are required to file with the state about who is paying them to work the Florida Capitol, the Joint Legislative Auditing Committee decided to look over those statements from 2014. The panel picked 26 lobbying firms to undergo random audits. In that first batch, 16 had “findings,” meaning they got something wrong. Of the dozen firms whose lobbying of the executive branch was examined, a newly released report from the committee found that six made mistakes. And 10 of the 14 influence businesses whose legislative reports were looked over were found to have misstatements. The vast majority of the mistakes were in misreporting how much money firms made from certain clients.

Michigan – House Expels Gamrat; Courser Resigns Before Vote
Detroit News – Chad Livengood | Published: 9/11/2015

Rep. Cindy Gamrat was expelled from office and Rep. Todd Courser resigned after they rocked the Michigan Legislature with an extramarital affair and a botched attempt to conceal it with a fictional, sexually explicit email. Courser admitted sending a phony email to GOP activists and others claiming he had been caught with a male prostitute. The email was intended to make his affair with Gamrat appear less believable if it was exposed by an anonymous blackmailer who Courser said had demanded his resignation. Gamrat said she discussed the plot with Courser but did not know the email’s graphic content before it was sent. The lawmakers had based legislation on their Christian beliefs and clashed with GOP leadership even before the controversy broke.

Missouri – Man Fined for Not Registering as Lobbyist
Waynesville Daily Guide – Summer Ballentine (Associated Press) | Published: 9/13/2015

The Missouri Ethics Commission fined a man who describes himself as a “citizen lobbyist” and ordered him to officially register as a lobbyist, a move he said could discourage activists from speaking for or against legislation. The commission claims there is probable cause to believe Ron Calzone, a director of Missouri First, improperly acted as a lobbyist without registering and filing paperwork. The ethics panel fined Calzone $1,000 and ordered him to stop trying to influence potential state legislation until he registers and files expenditure reports. Calzone said he does not meet the definition of a legislative lobbyist because Missouri First never specifically designated him as its lobbyist.

Rhode Island
R.I. Elections Board Issues Warning to Director
Providence Journal – Jennifer Bogdan | Published: 9/16/2015

The Rhode Island Board of Elections will fire its executive director in January unless it agrees before then that Robert Kando’s performance has drastically improved. Some areas that Kando has been told he must improve reflect recent gaffes. He was told he must give proper notification of board matters to be heard in executive session, and he must adhere to conflict-of-interest laws, both of which appear to be in response to a decision to allow former state Sen. John Celona to appeal $178,000 in campaign finance fines behind closed doors in violation of the Open Meetings Act. He has also been told he must consult with the board’s legal counsel on legal matters. Last year, without consulting counsel or the board, Kando told a Parent Teacher Organization that holding a bake sale at a polling place on Election Day could be treated as a felony.

Wisconsin – Knudson on GAB: ‘We need to take this thing apart’
Wisconsin Watchdog – M.D. Kittle | Published: 9/15/2015

State Rep. Dean Knudson laid out his plan to dismantle the Wisconsin Government Accountability Board (GAB). Republican leaders want to break down the GAB, separating it into two entities, a campaign finance/ethics commission and an elections panel. In that way the decentralized GAB would be much like its predecessor agencies. But Knudson argues that a partisan board composed of residents and administrators with limited terms is better than a so-called nonpartisan agency that has appeared to have acted in a partisan fashion. While Knudson and others have pushed for reform since late last year, their efforts have been stalled by the state budget battle and resistance from those afraid of the bad press they might receive for supporting change. Democrats have rallied around the GAB.

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.

A special election has been scheduled for November 3, 2015, to fill the vacant House District 23 seat.

Candidates had until September 14 to file to be on the ballot. Write-in candidates must file their declarations by September 25.

State Rep. Michael Shaw, who was in his fourth term, resigned his position because he will be moving out of the district.

On September 16, the Alabama Legislature adjourned its special session sine die after achieving a budget for the state. The special session, which was called by Gov. Robert Bentley to address the Alabama general fund budget shortfall, began on September 8. Bentley said he expects to sign the budget legislation into law, according the Montgomery Advertiser.

A special election for state House District 5 has been scheduled for November 3, 2015 to coincide with the regular municipal general elections.

The seat was held for more than 10 years by Rep. Chuck Soderberg, who resigned to take a vice president position with the Iowa Association of Electric Cooperatives.

The Office of the Secretary of State is currently working on setting the deadline for candidates to submit their nomination papers.

The Nebraska Accountability and Disclosure Commission has provided notice of a public hearing to amend Title 4, Chapter 6, Rules and Regulations for Lobbying. The proposed amendments will bring the rules and regulations in line with the provisions of Laws 2012, LB 782 providing for electronic registration and reporting by lobbyists.

The public hearing will be held by the Nebraska Accountability and Disclosure Commission on October 16, 2015.

On September 15, the San Diego, California City Council voted unanimously to raise the registration fees for lobbyists. The new ordinance, which was approved by the Budget Committee in July, increases the annual registration from $40 to $150. Annual registration fees paid by clients who hire lobbyists also increases from $15 to $30. These increases are the first since the enactment of lobbyist registration fees in 2008. The changes  take effect January 1, 2016.

Lobbying

Kansas: “Lobbyist Lunches Rankle KanCare Critics” by Andy Marso for KCUR

South Carolina: “Ethics Board: It’s legal for Haley to get season tickets” by Seanna Adcox (Associated Press) for Kitsap Sun

Campaign Finance

“Can Anything Be Done About All the Money in Politics?” by Thomas Edsall for New York Times

“Why Clinton’s Big Campaign Finance Proposal Could Lead to More Partisan Gridlock” by Max Ehrenfreund for Washington Post

“Donald Trump Is Target of Conservative Ad Campaign” by Nicholas Confessore and Alan Rappeport for New York Times

Ethics

“Across the Globe, a Growing Disillusionment with Democracy” by Roberto Foa and Yascha Mounk for New York Times

Alabama: “Legal Defense Bill Draws Alabama Ethics Commission Fire” by Brian Lyman for Montgomery Advertiser

California: “Sacramento City Council Approves Ethics Package” by Cathy Locke for Sacramento Bee

Maryland: “County Ethics Commission to Grow, Get More Power under Proposed Bill” by Jen Fifield for Frederick News Post

Pennsylvania: “‘This Is Just Aggressive Government,’ Lawyer Says as Ex-Mayor Reed’s Corruption Case Goes to County Court” by Matt Miller for Harrisburg Patriot-News

Lobbying

Arizona: “Second Arizona Corporation Commissioner Regulator Found to Be Lobbyist” by Ryan Randazzo for Arizona Republic

California: “San Diego Lobbyist Fee Nearly Quadruples” by David Garrick for San Diego Union-Tribune

Campaign Finance

“Twitter Offers New Cash Stream for Presidential Candidates” by Julie Bykowicz (Associated Press) for Philadelphia Inquirer

“Democrats Seek to Expand Use of ‘Super PACs’” by Nicholas Confessore for New York Times

Ethics

“Statehouse Sex Scandals Carry Public Costs, Consequences” by David Lieb (Associated Press) for Charlotte Observer

Florida: “Florida Ethics Commission Balks at Forcing Spouses of Elected Officials to Reveal Finances” by Steve Bousquet for Tampa Bay Times

Minnesota:”Lawmakers Accused of ‘Making Out’ in Park Apologize for Calling Ranger a Liar” by David Montgomery and Rachel Stassen-Berger for St. Paul Pioneer Press

New York: “Leaders of Moreland Commission Panel Felt Cuomo Intervened, Prosecutors Say” by Benjamin Weiser, Thomas Kaplan, and Susanne Craig for New York Times

New York: “William Scarborough, Ex-New York Assemblyman, Is Sentenced to 13 Months” by The Associated Press for New York Times

Wisconsin: “Knudson on GAB: ‘We need to take this thing apart’” by M.D. Kittle for Wisconsin Watchdog

Lobbying

“Lobbyist Finds a Quiet Place to Work, as a Six-Figure U.S. Government Contractor” by Eric Lipton for New York Times

California: “Number of California Lobbyists Grows over Past Decade” by Jim Miller for Sacramento Bee

Florida: “Lobbyist Miscues Laid Out in Legislative Report” by Brandon Larrabee (News Service of Florida) for Sarasota Herald-Tribune

Missouri: “Man Fined for Not Registering as Lobbyist” by Summer Ballentine (Associated Press) for Waynesville Daily Guide

Ethics

Alabama: “Mike Hubbard Says Alabama Ethics Law He Fought For Is Unconstitutionally Vague” by The Associated Press for AL.com

Illinois: “Jury Finds Lake Station Mayor, Wife Guilty in Federal Trial” by Teresa Auch Schultz for Chicago Tribune

New York: “Who’s Paying Assemblyman’s Auto Bills?” by Chris Bragg for Albany Times Union

Elections

“Perry Suspends Campaign after Hopes for a ‘Second Chance’ Were Dashed” by David Weigel, Philip Rucker, and Dan Balz for Washington Post

Procurement

“Federal Contractors Tell Obama: Stop picking on us” by Lydia Wheeler for The Hill

Redistricting

“New Political Map-Making Push Gains Ground, Concerns” by Rick Pearson for Chicago Tribune

Lobbying

Hawaii: “Lawsuit Seeks New City Council Votes on Honolulu Rail” by Nick Grube for Honolulu Civil Beat

Missouri: “Report: Lobbyist goodies for Missouri lawmakers topped $10M over past decade” by Kevin McDermott for St. Louis Post-Dispatch

Campaign Finance

California: “San Jose Commission Will Investigate Nearly the Entire City Council” by Ramona Giwargis for San Jose Mercury News

Montana: “Group Suing over Election Laws Seeks to Avoid Disclosures” by Matt Volz (Associated Press) for The Missoulian

Pennsylvania: “Allentown Mayor Ed Pawlowski Implicated in FBI Probe” by Emily Opilo and Scott Kraus for Allentown Morning Call

Ethics

“GOP Consultant Admits Lying to Ethics Investigators” by Paul Singer for USA Today

California: “Carson Mayor under Investigation for Not Filing Disclosure Reports with the State” by Nathan Fenno, Paul Pringle, and Richard Winton for Los Angeles Times

Indiana: “BMV Vendor Fires 2 Employees amid Ethics Probe” by Tony Cook for Indianapolis Star

Michigan: “House Expels Gamrat; Courser Resigns Before Vote” by Chad Livengood for Detroit News

New Mexico: “Impeachment Is ‘As Heavy As It Gets’” by Deborah Baker for Albuquerque Journal

Legislative Issues

“Boehner’s Future as Speaker in Doubt” by Jake Sherman and John Bresnahan for Politico

On September 11, the California State Legislature adjourned its regular session sine die.

Before adjourning, the legislature sent several ethics bills to the Gov. Jerry Brown, including Assembly Bill 10, which contains provisions affecting elected officials’ disclosure of financial investments and conflicts of interest. Another bill, Assembly Bill 990, will require political advertisements to carry larger statements clearly stating information about who is paying for the advertisement. Brown has until October 11 to sign or veto legislation. The governor does not have a pocket veto.

A special legislative session, which began on June 26, 2015 and has been running concurrently with the regular session, remains in session.

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

The Legislature has passed a bill requiring new political advertising standards.

Sponsored by Assemblywoman Susan Bonilla, Assembly Bill 990 will require political advertisements to carry larger statements clearly stating information about who is paying for the advertisement.

Bonilla introduced the legislation to ensure voters will be able to easily identify the sponsors behind any political advertising.

The State Assembly has passed Assembly Bill 10 and sent it to the governor.

This bill contains provisions affecting elected officials’ disclosure of financial investments and conflicts of interest. It requires public officials to provide more detailed information about their business dealings and investments.

It also raises the thresholds used to decide if an official’s investments create a conflict of interest.

AB 10 is linked to Senate Bill 21, which also passed and has been sent to the governor. In order for these bills to become law, both must be signed.

Photo of the California State Capitol by Nikopoley on Wikimedia Commons.