The Board of Supervisors voted Tuesday, February 4, to pursue outsourcing the enforcement of political ethics to the state’s Fair Political Practices Commission (FPPC). Officials will ask the state Legislature to authorize the FPPC to enforce county ethics ordinances.

The unanimous vote was in response to a 2013 grand jury report titled, “A Call for Ethical Standards: Corruption in Orange County.”

Supporters of the approach cite San Bernardino County, which recently contracted with the FPPC to audit county campaigns and to prosecute ethics violations. The grand jury’s proposal would also give an independent authority the power to recommend ordinance changes concerning conflicts of interest, gifts, contract procurement, campaign finance, and lobbying.

Due to severe winter weather the Massachusetts House of Representatives and Senate will be closed on Wednesday, February 5. Both the House and Senate will resume normal business hours on Thursday, February 6, 2014.

New Hampshire Gov. Maggie Hassan’s State of the State speech, originally scheduled for Wednesday, February 5, has been postponed until Thursday afternoon due to the area’s frigid snowstorm. The House of Representatives will also not meet today because of the winter weather. According to NHPR, Senate committee hearings scheduled for Wednesday morning will proceed. Hassan’s speech has been rescheduled for 2 p.m. on Thursday, February 6.

The Rhode Island House of Representatives and Senate have cancelled scheduled floor sessions and committee hearings for Wednesday, February 5, due to the winter snowstorm. A scheduled 3 p.m. news conference concerning legislation dealing with the Department of Health certificate of need process has been postponed to 3 p.m. Thursday, February 6.

Lt. Gov. Mark Darr has made his resignation official three weeks after saying he would step down over ethics violations concerning his campaign and office spending.

Legislative leaders are pushing to change state election law in order to keep Darr’s office vacant for the rest of the year rather than hold a special election.

Currently, state law requires the governor to call a special election within 150 days of declaring Darr’s office vacant, but lawmakers from both parties would prefer to keep the office unfilled since the general election will be held November 4, 2014.

Former Quebec premier, Jean Charest, is accused of accepting $3,000 from a lobbyist while in office. The payment occurred just days before the 2008 general election and was given by a senior executive at a windmill manufacturing company.

Charest denies the allegation, according to current premier Phillipe Couillard. The allegation stems from the testimony of Louis-Pierre Lafortune, who was an investor in the same windmill manufacturing company.

The lobbyist who allegedly delivered the check to Charest has not been identified. The windmill company went bankrupt in 2010.

State and Federal Communications is excited to be attending the 2014 National Grassroots Conference this week. Elizabeth Bartz, president and CEO of the company, and a team of four of the staff, have headed to Miami Beach to participate in the program.

We  believe in the great value of this gathering and so we are proud to be the sponsor of the Conference Wi-Fi.

You can follow the conversations from the conference on Twitter @PACouncil #GRC14.

On November 19, 2013, a special election was held to replace former mayor Bob Filner, who submitted his resignation amid scandal. Because no candidate received more than 50 percent of the vote, a runoff election is scheduled for February 11, 2014.

Individuals may contribute up to $1,000 to the mayoral candidates for the runoff election. Contributions from committees and corporations are not permitted in city elections.

Seal of San Diego courtesy of Zscout370 on Wikimedia Commons.

On January 15 the United States Court of Appeals for the Tenth Circuit declared certain Colorado campaign contribution limits unconstitutional. State law requires major party candidates to appear on a primary ballot even if they are running unopposed; they are then permitted to accept contributions up to the statutory limit for each of the primary and general elections. Similarly, minor party or write-in candidates who appear on the primary election ballot may accept contributions for both the primary and general elections.

Unaffiliated, minor party, or write-in candidates who do not appear on a primary election ballot, however, may only accept contributions for the general election.

Under the recent ruling, contribution limits based on statutory classification violate the right to equal protection for individuals wishing to contribute to write-ins, unaffiliated candidates, and minor party candidates when each candidate runs unopposed for the nomination.

The Secretary of State has not yet addressed the court ruling or made any new changes to existing contribution limits.

Two proposals in Philadelphia could finally establish a dollar limit on gifts to city employees. The city’s Board of Ethics again revised its proposed gift limit to $50 with an outright ban on cash gifts.

The initial proposals allowed for some measure of cash gifts based on interpretation of city law allowing some cash gifts, enraging ethics watchdogs. After a reinterpretation by the city law department allowing the Board to ban cash gifts, the ban was included in the latest proposal. A final vote on the gift regulation is expected at the Board’s February 19 meeting.

The Philadelphia City Council is also considering a gift measure, allowing city officials and employees to accept gifts up to $99. The Council’s proposal also bans all cash gifts.

If the Council passes the gift law, the Board of Ethics will need to restart work on its gift regulation, as it can only pass regulations interpreting city law and may not impose a stricter limit than established by statute. Either way, the city appears to be on track in providing much needed clarification of its gift law.

The Federal Election Commission (FEC) released its package of legislative recommendations this week. All eight recommendations were unanimously approved by the commission with the hope Congress will implement the changes.

Some of the changes proposed include requiring electronic filing of electioneering communications reports, making permanent the Administrative Fine Program for the delinquent filing of reports, and increasing and expanding the prohibitions on fraudulent misrepresentation of campaign authority.

Noting other federal and state agencies receive “donated services and products for information technology projects,” the FEC would also like Congress to authorize the commission to have the ability to accept such gifts for use in continuing “its efforts to facilitate transparency in the federal campaign finance system through a state-of-the-art, web-based public disclosure system.”

The Board of Supervisors unanimously approved revisions to the campaign finance reform ordinance. The changes were requested by the state Fair Political Practices Commission (FPPC), which enforces the county ordinance. Under the revised ordinance, contributions may be received for a general election before the primary has taken place, so long as the funds are set aside until after the primary.

The term “independent expenditure committee” will be removed from a section pertaining to electronic filing requirements for contributions of $10,000 or more and will be replaced with the more inclusive “other person, entity, or committee.”

The board also authorized new language in the ordinance giving the FPPC permission to give technical assistance to donors in the same manner it advises candidates.

The revisions are scheduled for final adoption on February 11, 2014.

National:

Bob and Maureen McDonnell Join the Club: Political spouses facing scandal

Washington Post – Krissah Thompson and Richard Leiby | Published: 1/28/2014

The latest scandal on the political scene is the indictment of former Virginia Gov. Robert McDonnell and his wife, charged with trading on his office to provide assistance to a local businessperson in exchange for gifts and loans. Do such charges harden the resolve of political couples, who by definition are accustomed to facing adversaries, or does it tear the relationship apart?

Federal:

After ‘I’ll Break You in Half,’ House Member Apologizes

New York Times – Sarah Wheaton and Marc Santora | Published: 1/29/2014

U.S. Rep. Michael Grimm (R-N.Y.) apologized after he physically threatened a reporter in the Capitol after President Barack Obama’s State of the Union address. In a video of the incident, Grimm can be heard telling Michael Scotto, a reporter for NY1, “I’ll break you in half.” Moments earlier, Grimm had walked away from an interview when Scotto began asking him questions about allegations of campaign finance violations. According to a transcript, Grimm also threatened to throw Scotto off a balcony.

How Lawmakers Skirt the Law to Keep Their Next Jobs Secret

National Journal – Billy House | Published: 1/21/2014

Critics say a law designed to prevent conflicts-of-interest and shed light on lawmakers who negotiate for post-Capitol Hill work while still in office has failed, worn thin by a series of administrative rulings and narrow interpretations. Because the law has yielded almost none of the public information it was designed to provide, it remains largely unknown whom lawmakers negotiate with, and whether their official duties present any conflicts with those employers.

From the States and Municipalities:

Colorado – Federal Court Overturns State Political-Funds Law

San Francisco Chronicle; Associated Press –   | Published: 1/24/2014

The 10th U.S. Circuit Court of Appeals ruled a Colorado law imposing disparate campaign contribution limits for major-party vs. minor-party, unaffiliated, or write-in candidates violates the U.S. Constitution. The law allows Republicans and Democrats to collect an extra $200 per donor because they sometimes have intra-party primaries. But the law allows them to spend all their money on the general election if they wish. The court said that discriminates against donors to minor-party candidates.

Connecticut – Legislators Again Look to Lobbyists for Money

Hartford Courant – Jon Lender | Published: 1/28/2014

Connecticut lawmakers are soliciting campaign donations from lobbyists before the legislative session begins, when it becomes illegal for lobbyists to contribute for the duration of the session. This year, the lawyer for the Association of Connecticut Lobbyists is advising members of the group to refuse the legislators’ appeals in one lucrative area: buying advertisements for up to $250 each in so-called ad books that are printed for lawmakers’ fundraising receptions and used as programs for each event.

Georgia

Staffing Situation Worsens at Georgia’s Ethics Commission with resignation of Lead Assistant

Columbus Republic – Christina Cassidy (Associated Press) | Published: 1/27/2014

Lisa Dentler, the lead assistant to Georgia ethics commission Executive Secretary Holly LaBerge, has resigned and the agency’s staff attorney remains on administrative leave. LaBerge wrote in an email to commissioners that the departure “leaves the agency in a dire situation as she has been doing the work of two positions.” LaBerge has said six employees have either quit or been fired since she took over in September 2011.

Idaho – Why It’s Tough to Track What Lobbyists Give to Idaho Lawmakers

KBSU – Emilie Ritter Saunders | Published: 1/30/2014

Lobbyists in Idaho have spent more than $1 million over the last two years advocating for their clients at the Legislature. The law requires lobbyists to report the recipient of their generosity only when the value of the gift is more than $105. Even with that glimmer of disclosure, it is hard to find out which lawmaker accepted a gift above the threshold because Idaho does not have a searchable electronic database.

Louisiana – Nagin’s Trial a Coda to an Odd Political Career

Baton Rouge Advocate – Gordon Russell | Published: 1/26/2014

Former New Orleans Mayor Ray Nagin is now on trial, facing charges he accepted bribes and free trips among other things from contractors in exchange for helping them secure millions of dollars in city work. The charges are the product of a City Hall corruption investigation that already has resulted in several convictions or guilty pleas by former associates of Nagin.

Massachusetts – Court to Hear Supermarket Politics Challenge

Boston Globe – Denise Lavoie (Associated Press) | Published: 1/26/2014

For decades, supermarkets have been a favorite place for candidates in Massachusetts to shake hands, collect signatures, and offer a quick rundown of their views on the issues of the day. But not all supermarket chains are in favor of the tradition. The state’s highest court is being asked to decide whether a supermarket’s decision to turn away a political candidate violated his constitutional rights.

Michigan – Ethics Proposal Nixed in Warren

Macomb Daily – Norb Franz | Published: 1/28/2014

The Warren City Council rejected a proposed ethics law that would prohibit fraternization, including intimate relationships, between city bosses and subordinates. The nearly year-old measure was revived in the wake of clandestine video that surfaced of Mayor James Fouts with mayoral assistant Amanda Mika, including images of the duo holding hands. The video has triggered a firestorm because the mayor granted Mika a $5,000 pay raise in December.

Montana – Political Practices Commissioner Accused of Using Questionable Tactics to Get Results

Billings Gazette – Mike Dennison | Published: 1/26/2014

The aggressive stance of Montana’s commissioner of political practices, Jonathan Motl, against what he sees as illegal campaign activity by so-called dark money groups and their favored candidates is raising eyebrows among supporters and critics alike, the latter of whom are calling Motl everything from a “partisan hack” to a misguided crusader on a “witch hunt.”

Nevada – Lawmakers Have to Declare Gifts But Aren’t Willing to Define Them

Las Vegas Sun – Andrew Doughmsn | Published: 1/26/2014

A few elected officials in Nevada who accepted gifts sometimes worth thousands of dollars declined to report them as required by state law. They dispute whether they legally need to file disclosers, in part because there is no explicit definition of a “gift” in state law. Secretary of State Ross Miller said there are likely numerous elected officials who are receiving reportable gifts and not listing them on disclosure forms. But “there’s no way for us to know” for sure, said Miller.

New York – Donor Secrecy Remains Big Issue

Albany Times Union – Rick Karlin | Published: 1/28/2014

The Joint Commission on Public Ethics declined to shield the financial reports of four advocacy groups that say public disclosure of their financial backers is likely to result in threats or even harm. The commission requires reports from state lobbyists, though it can withhold records of contributors to lobbying groups that show their donors would likely face danger if reported.

Pennsylvania – City Council Mulls Ban on Cash Gifts to Phila. Officials

Philadelphia Inquirer – Claudia Vargas | Published: 1/30/2014

A bill introduced in the Philadelphia City Council would ban all city employees and officials from receiving cash gifts. The proposed ordinance would also cap the total value of gifts received in a calendar year at $99. The bill is a result of discussions among various ethics officials and outside watchdog groups over how to interpret a vague section in the city code that deals with gifts.

Texas – Life Story of Wendy Davis Swings from Strength to Flash Point in Texas Campaign

New York Times – Manny Fernandez and Laurie Goodstein | Published: 1/29/2014

Since questions were raided about whether she had fudged some items in her biography, Texas Sen. Wendy Davis, who is running for governor, has been under attack for omitting the fact that her second husband helped pay for her Harvard Law School education and her two children mostly stayed in Texas while she was there. The controversy has prompted a debate over culturally charged questions about a woman’s balance of work, ambition, and parenthood.

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.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

Lobbying

“Obama should praise lobbyists more, lobbyists say” by Zachary Roth in MSNBC.

“Lobbying falls for third year in a row” by Kevin Bogardus in The Hill.

Arizona: “Senator tries again to ban tickets from lobbyists” by Hank Stephenson and Ben Giles in the Arizona Capitol Times.

Campaign Finance

“Campaign finance: Parties gear up for 2014” by Byron Tau in Politico.

“Convention wipeout coming?” by Molly K. Hooper in The Hill.

Arkansas: “Report: Ark. Lt. Gov. cited ‘carelessness’ in campaign, office spending to ethics staff” by The Associated Press in The Republic.

Arkansas: “Panel favors allowing fundraising for federal office during session” by John Lyon in the Arkansas News.

Ethics

New Jersey: “Lawyer with ties to Christie named to top spot on state Ethics Commission” by The Associated Press in the Press of Atlantic City.

Elections

Arkansas: “Beebe supports proposal to avoid special election for lieutenant governor” by John Lyon in the Arkansas News.

Government Tech and Social Media

“How the 2014 State of the Union Took Over Social Media” by Billy Mitchell in In the Capital.