The Ethics Commission has posted on its website six new fact sheets concerning the city’s lobbying ordinance. The fact sheets are to provide general guidance about registration and reporting requirements for lobbying in easily understandable language.

The fact sheets were produced in collaboration with the University of California Hastings Center for State & Local Government Law and are available here.

Premier Brian Gallant has again questioned a long running delay in implementing a lobbyist registry in the province. The Legislative Assembly in New Brunswick passed the Lobbyists’ Registration Act in May but, in order to take effect, the cabinet must first proclaim the act and promulgate regulations for its operation.

The act is similar to the federal government and other provinces in requiring lobbyists to register publicly, disclose who they represent as well as who they meet with and what topics are discussed.

It has been seven years since Premier Shawn Graham first initiated a push for a law regulating lobbyists.

National:

Governors’ Inaugurals Fueled by Political Donors
Raleigh News & Observer – Paul Weber (Associated Press) | Published: 1/3/2015

Eleven new governors are taking office in January, and nearly two dozen others are renewing their oaths for second, third, or – in the case of Iowa Gov. Terry Branstad – sixth terms. Many will celebrate with bands and blowout balls, with much of the bill footed by the same supporters who bankrolled their victorious campaigns. In many states, corporate money that was banned before Election Day is allowed to cover the tab for inaugural parties. Critics see the events as another means for corporations and wealthy individuals to curry political favor with the state’s highest office, and in many cases without the transparency required by usual campaign finance laws.

Jeb Bush Education Foundation Played Leading Role in Mixing Politics, Policy
Washington Post – Lindsey Layton | Published: 1/6/2015

Jeb Bush’s Foundation for Excellence in Education has played a leading role in many states since its creation in 2008, following his two terms as governor of Florida. It has forged an unusual role mixing politics and policy – drafting legislation and paying travel expenses for state officials, lobbying lawmakers, and connecting public officials with industry executives seeking government contracts. The foundation, from which Bush resigned as chairperson as part of his preparations for a possible White House bid, has been criticized as a backdoor vehicle for major corporations to urge state officials to adopt policies that would enrich the companies.

Federal:

All Cooled Off: As Congress convenes, former colleagues will soon be calling from K Street
Center for Responsive Politics – Staff   | Published: 1/5/2015

A key provision of the Honest Leadership and Open Government Act reined in lobbying by members of Congress, their top staffers, and other key government officials who move from their federal posts directly into the influence industry. The idea was to limit their ability to benefit immediately on their insider knowledge by lobbying their former colleagues. The restrictions, which vary depending on an individual’s government position, are lifted after a set period of time. But of the 104 former members and staff whose waiting period ends during the first session of the 114th Congress, 29 are already in government relations, “public affairs,” or serve as counsel at a firm that lobbies. And 13 of those are even registered as lobbyists, working to shape policy in Congress or the executive branch on behalf of paying clients.

Judge Candidates’ Free-Speech Rights at Issue before the Supreme Court
Washington Post – Rober Barnes | Published: 1/4/2015

Voters failed to find Lanell Williams-Yulee’s candidacy for Hillsborough County judge compelling, but the U.S. Supreme Court has a greater interest. The justices will consider whether the action that resulted in a rebuke by the Florida Bar Association and a fine of more than $1,800 – violating Florida’s restriction against directly soliciting contributions to judge campaigns – is instead an unreasonable constraint on Williams-Yulee’s right to free speech. Thirty states prohibit judicial candidates from directly asking for campaign contributions, in most cases leaving that work to a committee the candidate establishes. The Florida Supreme Court, found the restriction is constitutional.

From the States and Municipalities:

Arizona – Glendale Officials Take Free Tickets to Concerts, Sports
Arizona Republic – Pete Corbett | Published: 1/7/2015

City administrators, Glendale City Council members, and their guests received 90 free tickets for seats in a suite at 13 concerts at the city-owned Gila River Arena the past two years, including shows by Taylor Swift, Katy Perry, Justin Timberlake, and the Who. Some watchdogs said the practice raises ethical, and possibly legal, issues for city officials. “We’re all cognizant at how the public looks at this, how this looks for us to get free tickets in a taxpayer-funded facility,” said former Vice Mayor Yvonne Knaack.

Maine – LD 1750: A study in how special interests get their way in the Maine Legislature
St. John Valley Times – Naomi Schalit (Maine Center for Public Interest Reporting) | Published: 1/6/2015

During the summer of 2013, the Maine Department of Environmental Protection made things harder for wind developers by putting more requirements into permit applications. The wind lobby saw the new requirements as illegal and obstructionist, and they believed the red tape would slow down or even halt the expansion plans of their multi-million-dollar industry. They needed help and by the summer of 2014, they knew where to go: to their friend and supporter Justin Alfond, the president of the state Senate. Critics say the story of how the wind industry’s problem was taken up by Alfond and his staff demonstrates a deep level of coordination between special interests and legislative leaders that often leaves citizens on the sidelines of the democratic process.

Maryland – Official Says He Was Wrong to Ask That His Name Not Be Used
New York Times – Associated Press | Published: 1/7/2015

Frederick County Council member Kirby Delauter apologized for threatening to sue a local newspaper if it used his name without permission, an ultimatum that earned him a two-day skewering in the blogosphere. Delauter said he had acted abruptly and out of frustration. Delauter supporter Tom Caulfield, owner of Chubby’s BBQ, said Delauter is a selfless public servant under constant attack by liberals and The Frederick News-Post. He likened him to Howard Beale, the angry television anchorman in the 1976 film, “Network,” who shouted, “I’m as mad as hell and I’m not going to take this anymore!” Former county board member Kai Hagen said the scorn heaped on Delauter online was well-deserved. “His behavior is crude. He is completely, it seems, incapable of empathy and sympathy and understanding,” said Hagen.

Massachusetts – Inaugural’s Top Donors Mingle with Key Officials
Boston Globe – Stephanie Ebbert | Published: 1/8/2015

The night before he was to be sworn in as governor of Massachusetts, Charlie Baker invited the top private sponsors of his inaugural celebration to a dinner at Alden Castle, where they could meet his incoming Cabinet members. About 100 people were invited to join the governor-elect at the “candlelight dinner.” State employees and Cabinet secretaries are not allowed to be named in fundraising material or featured at fundraising events. Baker senior adviser Jim Conroy distinguished the inaugural-eve gathering from campaign events, saying the presence of incoming Cabinet members was not advertised to donors. He said those who gave $25,000 received two tickets.

Missouri – Publisher’s Parties Highlight Reporting Issues in Missouri Ethics Laws
Columbia Daily Tribune – Rudi Keller | Published: 1/4/2015

The offices of the Missouri Times was the venue last year for legislators and their staffs to enjoy parties with lobbyist-paid liquor and snacks that went largely unreported to the state Ethics Commission. Publisher Scott Faughn called each party an “unveiling,” honoring a particular lawmaker. He text-messaged invitations with the names of sponsoring lobbyists or organizations. Faughn recalled that as many as six were held. A review of reports from individual lobbyists and the registered representatives of organizations named in text messages showed only one was reported. Faughn said he checked with the commission and believes lobbyists are not required to report the money spent for refreshments at the parties.

New Jersey – Christie’s Ties to Cowboys Owner Raise Ethics Questions
USA Today – Bob Jordan (Asbury Park Press) | Published: 1/6/2014

New Jersey Gov. Chris Christie has now attended three games at the invitation of Dallas Cowboys owner Jerry Jones, who picked up the tab for the tickets and travel. Video of a clumsy hug between Christie and Jones in the owner’s luxury box during a key moment of a playoff game has gone viral. It also has focused fresh attention on the relationship between the potential Republican presidential hopeful and Jones. Christie in 2013 vouched for a Jones group in bidding for a Port Authority of New York and New Jersey contract worth millions of dollars.

South Carolina – McMaster Facing State Ethics Charges
The State – Andrew Shain | Published: 1/6/2015

South Carolina Lt. Gov.-Elect Henry McMaster faces 51 counts of campaign finance violations dating to his 2010 campaign for governor. A closed-door hearing in the case has been scheduled for March 18. McMaster, the state’s former attorney general, lost the Republican gubernatorial primary in 2010 to Gov. Nikki Haley. After the loss, McMaster continued to accept donations in excess of maximum contribution limits, alleges the complaint. “His campaign created a phantom general election in which he was not participating and solicited additional donations for that election in an effort to circumvent the law,” says the complaint.

Virginia – Bob McDonnell, Ex-Governor of Virginia, Sentenced to 2 Years for Corruption
New York Times – Jennifer Steinhauer | Published: 1/6/2015

Former Virginia Gov. Bob McDonnell was sentenced to two years in prison for public corruption. He was accused of selling the influence of his office to the chief executive of a dietary supplements company. A jury found McDonnell and his wife were guilty of accepting more than $165,000 in loans and gifts, including a Rolex watch, in exchange for promoting a nutritional supplement marketed by Star Scientific. McDonnell, who was once considered a possible contender for the White House, initially faced the prospect of up to 20 years in prison, but the judge lowered that range to six-and-a-half to eight years. McDonnell’s lawyers, citing what they described as years of good work and commitment to public service, had argued a sentence of community service should suffice.

Wisconsin – Republicans Eye Rewrite of Campaign Finance Laws, Other Election Changes
Chippewa Herald – Matthew DeFour | Published: 1/4/2015

Republicans are poised to make the most sweeping revisions to Wisconsin’s campaign finance law in decades. Many of those changes are already in effect after a series of federal court decisions made many current laws unenforceable. But a more comprehensive rewrite is in the works, and the overhaul is getting a thumbs up from the Government Accountability Board, a frequent target of GOP ire that is itself in line for a possible makeover. Among other things, lawmakers are considering increasing campaign contribution limits and clarifying the coordination restrictions at the heart of a recent investigation into Gov. Scott Walker’s recall campaign.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

A renovation of the Capitol Building planned for next year may shorten the Minnesota Legislature’s session. Currently, the session is slated to span 2015 and 2016.

However, with the planned renovation, many lawmakers are considering completing the entire session this year.

Thus far, no official proposals have been made; only discussions among the House and Senate leadership have taken place.

Photo of the Minnesota Capitol dome by Mulad on Wikimedia Commons.

Lobbying

“LD 1750: A study in how special interests get their way in the Maine Legislature” by Naomi Schalit (Maine Center for Public Interest Reporting) for St. John Valley Times

Campaign Finance

“Governors’ Inaugural Celebration Plans, by State” by The Associated Press  for New York Times

“FEC Alleges Personal Use of Campaign Funds by Former Senate Candidate O’Donnell” by Randall Chase (Associated Press) for Daily Journal

“Parties Poised to Exploit Broad New Rules” by Eliza Newlin Carney for Roll Call

Ethics

“Jeb Bush Education Foundation Played Leading Role in Mixing Politics, Policy” by Lindsey Layton for Washington Post

“House Edits Rules to Help Members Facing Ethics Probes” by Paul Singer for USA Today

“Former Alabama Education Official Gets 2-Year Sentence” by Philip Rawls (Associated Press) for Tuscaloosa News

“In Stamford, Donation to City Raises Ethics Questions” by Elizabeth Kim for Stamford Advocate

Legislative Issues

“Peoria Lawmaker Proposes More Difficult Route to Amend State Constitution” by Howard Fischer (Capitol News Services) for East Valley Tribune

Professor Wilson Huhn [kneeling on the right] from the University of Akron School of Law presented a one hour CLE about Abraham Lincoln’s influence on the interpretation of the Constitution.

State and Federal Communications had a team of 10 attending the Council on Governmental Ethics Laws (COGEL) 36th Annual Conference. It was held from December 7-10 in Pittsburgh, Pennsylvania at the beautiful OMNI William Penn Hotel. COGEL always offers great sessions concerning lobbying, campaign finance, governmental ethics, and election laws and best practices. It was good to see many familiar faces and meet new members.

In December we gathered together at Flemings in Akron for our annual holiday party. We had a relaxing night with good food and time to talk to each other. The staff presented Elizabeth with their gift to her – a pair of tickets to see Jay Leno and dinner beforehand at District. Elizabeth also presented the winner of the door decorating contest and gave each employee Akron’s famous TEMOs chocolate tree to enjoy.

Lobbying

“All Cooled Off: As Congress convenes, former colleagues will soon be calling from K Street” in the Center for Responsive Politics

Vermont: “Lobbyists Can Now Register Online in Vermont, Condos Says System Gives Public Immediate Access” by The Associated Press for Greenfield Daily Reporter

Campaign Finance

“For the Wealthiest Political Donors, It Was a Very Good Year” by Annie Linskey and Julie Bykowitz for Bloomberg News

Pennsylvania: “City Council Candidate’s Use of Personal Funds Triggers Key Ruling from Philadelphia Ethics Board” by Mike Dunn for KYW

South Carolina: “McMaster Facing State Ethics Charges” by Andrew Shain for The State

Ethics

California: “State Ethics Agency Has Record Number of Enforcement Actions in 2014” by Patrick McGreevy for Los Angeles Times

California: “Ex-Water District Manager Agrees to Pay Fine over Accepting Gifts” by Ruben Vives for Los Angeles Times

Missouri: “Ethics Bills Proposed for 2015 Session” by Rudi Keller for Columbia Daily Tribune

Virginia: “Bob McDonnell, Ex-Governor of Virginia, Sentenced to 2 Years for Corruption” by Jennifer Steinhauer for New York Times

Legislative Issues

“Boehner Reelected as Speaker, but Control over GOP Majority Precarious” by Lisa Mascaro and Michael Memoli for Los Angeles Times

Government Tech

“Morning Tech” by Tony Romm, Erin Mershon, Brooks Boliek and Alex Byers on Politico.

“The Mobile Wave Still Looks Like a Trickle in Government” by Jack Moore in Nextgov.

“From Federal Hill, federal contractor patrols social networks for spies” by Ian Duncan in The Baltimore Sun.

“Why Commercial Clouds are More Secure than Federal Data Centers” by Roger Baker in Nextgov.

“Data-Driven Innovation: Why States Should Build Multipurpose Analytics Platforms” by Daniel Castro in Government Technology.

Social Media

“Inside the Twitter world of U.S. Sen. Cory Booker” by Everett Merrill in the Daily Record.

Nevada: “Money talks: What Las Vegas-area cities spend on communication” by Bethany Barnes, Ben Botkin, James Dehaven and Eric Hartley in the Las Vegas Review-Journal.

Open Government

“Yes, That Text Message Is a Public Record” by Michael Grass in Government Executive.

“Can Transparency Be Legislated?” by Paul Eder in Government Executive.

The number of municipalities and regional governments our research associates track continues to grow. We now cover more than 230 municipalities and local governments. This is part of a continuous effort to better serve the needs of our clients.

In that effort, we have recently added jurisdictions to our website. These entries provide the core information our clients need for their government relations work.

The new jurisdictions are:

American Samoa           Guam           Northern Mariana Islands     U.S. Virgin Islands

The Oklahoma Ethics Commission’s newly promulgated Revised Constitutional Ethics Rules, effective at staggered intervals, significantly amend lobbying and campaign finance laws. Lobbyist registration provisions were effective December 1. Rules outlining lobbyist reporting due dates are effective February 1, 2015. All other revised rules were effective January 1, 2015. Except as may otherwise be provided, all current rules under Title 74, Chapter 62-Appendix, of the Oklahoma Statutes were repealed on January 1, 2015. O.S. §257:23-1-2, as it pertains to lobbyist reporting requirements, will remain effective until January 31, 2015.

Lobbyists were required to register online in December for calendar year 2015. There are now separate registration requirements dependent upon whether a lobbyist is a legislative lobbyist, executive lobbyist, or legislative liaison. Legislative lobbyists and legislative liaisons will be required to file monthly reports from February to July; executive lobbyists will file quarterly reports.

The revised rules also place new limits on lobbyist expenditures. Each lobbyist will be permitted to spend up to $500 per calendar year for meals for the governor, a legislator, or their staff. Moreover, lobbyists may spend up to $200 per year on certain gifts other than meals, provided the total for all meals and gifts does not exceed $500. New provisions also allow lobbyist principals to provide food and beverage for professional conferences, seminars, and similar events held outside the geographical boundaries of the state, subject to certain restrictions.

Changes to campaign finance laws include a new registration threshold for political action committees (PACs), new campaign contribution limits, specific reporting for out-of-state and federal PACs, and amendments to some reporting requirements. A PAC will be required to register within 10 days of receiving contributions or making expenditures in excess of $1,000. Certain contribution limits will increase and family contribution limits will no longer exist. Limited PACs registered for less than a year or that have fewer than 25 contributors will be permitted to contribute only half the amount of other limited PACs.

This article provides a summary of the major changes to the Revised Constitutional Ethics Rules. It is not exhaustive and additional changes have been made. A final annotated version of the rules is accessible on the new Ethics Commission website at http://www.ok.gov/ethics/.

Welcome back to yet another episode of the Statehouse Series. In this episode, we will journey south to Louisiana to learn about its capitol’s history.

Towering at 34 feet tall, Louisiana’s statehouse, although one of nine capitols without a dome, stands as the tallest state capitol. Recognizing this feature, architects added an observation deck on the 27th floor where one can look out over the meticulously managed, Versailles-like gardens. Along with the garden, many parts of the building symbolize Louisiana’s French roots with this style. However, the American roots can also be seen through the building’s Art Deco, a characteristic shared with the Chrysler building in New York and Cincinnati’s Union Terminal.

A grand building deserves a grand entrance, and so 49 steps lead to the main entrance of the statehouse, each step engraved with a state in the order in which they were admitted into the United States. Consequently, since there are only 49 steps, the last step features both Alaska and Hawaii. Adding to the building’s historic significance, the floor of the main hallway is made from lava from Mount Vesuvius, which buried the lost city of Pompeii in 79 AD.

Although many people worked to construct the building, it was beloved Louisiana Governor Huey P. Long who created the original ideas for the statehouse. Unfortunately, he was assassinated in 1935 during his presidential campaign. Yet his love for the statehouse was so much that his body was buried on its grounds, marked by his statue that still stands today.

We hope you enjoyed this series episode of the Louisiana statehouse. Be sure to visit again when we travel to another state capitol!

Photo of the Louisiana Statehouse by Farragutful on Wikimedia Commons.

The U.S. Statehouse Series is a project of the State and Federal Communications team of summer interns: Alessandra Dickos, Zack Koozer, Elaina Laikos, and Rachel Rodgers.

Q. I will be having meetings with state legislators to introduce myself and my employer. I do not have any legislation of interest yet, though I anticipate that I will. Will this require lobbyist registration?

A. Goodwill lobbying is covered in many jurisdictions. The following 19 states may require lobbyist registration for goodwill activities: Alaska, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Maryland, Minnesota, Missouri, New York, North Carolina, Oregon, Pennsylvania, Tennessee, Texas, and Vermont. Some jurisdictions have specifically addressed goodwill lobbying. Connecticut covers “door opening,” including such things as telephone calls that you make to set up informational meetings with officials. The Maryland State Ethics Commission has indicated generating goodwill or engaging in educational discussions with officials or employees is considered lobbying.

Some states consider additional activities in determining whether an activity is goodwill lobbying. In Pennsylvania, lobbying includes providing hospitality to a state official or employee for the purpose of advancing the interest of the lobbyist or principal. Kansas also includes entertaining or providing a gift to a state officer or employee in its definition of lobbying in certain circumstances.

Any time you interact with a state official or employee, you must consider whether your activities constitute lobbying, even if you are not engaging in lobbying in a traditional manner. Your activities may count toward the threshold requiring lobbyist registration.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: experts@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.

Our 2015 Guidebook is out and on its way to all of our clients. This quick-reference guide has information we have pulled from our website. It does not include everything from our website, but you can easily see information about the following:

1. Lobbying reports due date;

2. Key dates for PAC reports;

3. Election cycle;

4. Applicable laws for lobbying, campaign finance, and procurement laws; and

5. Pay-to-play updates for all of the states.

We are sending six copies of the Guidebook to the key contacts for our subscription clients and one copy to each of our consulting clients. We do have additional copies if needed for these groups.

Unfortunately we will not send out the publication to anyone who is not already a client. The information inside must be used in conjunction with our website. And, in 2015, when every state will be in session, it is important for everyone to have a subscription to our website. Find more information at www.stateandfed.com. You can also call our office for additional information, 330-761-9960.

From the staff at State and Federal Communications, we hope you all have a Happy New Year and look forward to seeing you out and about in 2015.

Thank you,

Elizabeth Z. Bartz
President and CEO
@elizabethbartz

Lobbying

Arizona: “Lobbyist Tied to Phoenix VA Executive Fired over Gifts” by Dennis Wagner (Arizona Republic) for USA Today

California: “Foes and Fans of L.A. Economic-Justice Group Agree It Gets Things Done” by Emily Alpert Reyes for Los Angeles Times

Maryland: “Hogan’s Pick for Health Chief Says He’ll Avoid Conflicts” by Michael Dresser and Meredith Cohn for Baltimore Sun

Maryland: “Maryland Gov.-Elect Hogan Tries to Navigate Gifts Minefield” by Jenna Johnson for Washington Post

Missouri: “Publisher’s Parties Highlight Reporting Issues in Missouri Ethics Laws” by Rudi Keller for Columbia Daily Tribune

Rhode Island: “R.I. Secretary of State Mollis Ends Probe, Says Stokes Didn’t Have to Register as a Lobbyist for 38 Studios Meetings” by Kate Bramson for Providence Journal

Rhode Island: “Mollis’ Decision on Lynch Sets Bad Precedent, Says Leader of Common Cause” by Jennifer Bogdon for Providence Journal

Campaign Finance

“Judge Candidates’ Free-Speech Rights at Issue before the Supreme Court” by Robert Barnes for Washington Post

Ethics

New Jersey: “Dallas Owner Jerry Jones Paid for Chris Christie’s Trip to Root for Cowboys, Including Private Jet” by Matt Arco (NJ Advanced Media) for Newark Star Ledger

Procurement

Texas: “Audit: Texas Health Agency Mishandled AT&T Contract” by Aman Batheja for Texas Tribune