Federal:

Jesse Jackson Jr. Resigns from Congress, Acknowledges Federal Probe

The Un-Super PACs

From the States and Municipalities:

California

Ex-Treasurer to Democrats Receives 8-Year Sentence

California

State Lawmaker Brothers Accused of Money Laundering

District of Columbia

Crafting D.C. Ethics Bill Proving Difficult

Florida

State Ethics Commission Says Jacksonville Council Member’s Poker Party is OK

Georgia

Legislators Ask Governor to Let Indicted Victor Hill Take Office of Sheriff on January 1

Indiana

Indiana House Speaker Brian Bosma Criticized for Hiring Lobbyist

Maine

Anti-Gay Marriage Group Fined by Maine Ethics Commission

Missouri

Freebies from Lobbyists Becoming Harder to Track in Missouri

North Carolina

Appeals Court Throws Out Suit Testing ‘Stand by Your Ad’

Pennsylvania

Former Pennsylvania Democratic Leader Mellow Would Set ‘Record’ by Going to Jail

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.

State and Federal Communications is excited to be sending 11 people to the Council on Government Ethics Laws (COGEL) 34th Annual Conference in Columbus, Ohio. We are excited to have the conference in our home state capitol and we are helping every way we can – setting up, breakfast table topic leaders, a panelist for a breakout session, helping with social media, and more! It should be an exciting conference.

Maybe we’ll see you there?

Here is COGEL’s description of the conference:

JOIN US

COGEL and its Ohio Partners invite you to the 34th Annual Conference in COLUMBUS, Ohio! This thought provoking and educational conference is an opportunity to celebrate US — professionals in the fields of ethics, campaign finance, lobbying, elections and freedom of information.

FOCUS

With dynamic sessions, stimulating guest speakers, challenging discussions and endless opportunities for networking, this year’s COGEL Conference is not to be missed! The program includes elements of communicating your mission, understanding new technology, and catching up on legislation and litigation.

BONUS

There’s always something fun happening in Ohio’s capital city. With a lively arts scene, plenty of restaurants, shops, sports and entertainment venues, you don’t have to venture far to have a good time. This year’s Sunday evening reception will take place in the beautiful and historic Ohio Statehouse, directly across the street from the Sheraton Hotel at Capitol Square.

Elizabeth Bartz, President and CEO of State and Federal Communications, and Social Media Coordinator Joe May attended the 2012 SGAC Leaders’ Policy Conference in Santa Monica from November 17 -20.

The conference featured an amazing lineup of speakers, including award winning author and economist Ben Stein; best selling author Mark Stein, who wrote How the States Got Their Shapes; Egil “Bud” Krogh, Senior Fellow and Chair on Leadership, Ethics, and Integrity at the Center for the Study of the Presidency and Congress; and author and crisis management expert Judy Smith. Breakout sessions were rich with topics of great importance to state government, such as the economic crisis, the Supreme Court decision on healthcare, and the future of energy and the environment.

As the SGAC website states: “LPC is an annual meeting of the states’ legislative leadership and state government affairs professionals from America’s leading businesses, associations and service providers. LPC, sponsored by the SGAC Foundation in cooperation with NCSL and CSG, is designed to encourage dialogue on issues of importance between state legislative leaders and private sector representatives. Attendance is by invitation only. Those invited are: The legislative leadership of all 50 states, NCSL & CSG Executive Committees & ALEC Board of Directors, SGAC members and private sector representatives.”

We had a fantastic time. Thank you SGAC!

Campaign Finance

“Gessler: Campaign finance laws fail” by Joe Hanel in the Durango Herald.

Lobbying

“Ex-Rep. Davis, Bates Team Up” by Kate Ackley in Roll Call.

“Activists press SEC to expose political giving of US companies” by Kevin Bogardus in The Hill.

Ethics

“Ethics Commission to consider taking over watchdog job from Austin prosecutors” by Mike Ward in the Austin American-Statesman.

Government Tech

“Dashboard Government: The Politics of Measurement” by David Eaves in Politico.

Governor Phil Bryant has scheduled the special election for Mississippi House District 59 for January 8, 2013.

The seat was vacated on November 19 by Representative Kevin McGee, who resigned after paying a $10,000 fine to resolve an ethics case involving public contracts that went to his family’s printing company.

Governor Jack Markell has announced that he plans to call a special session of the state senate on December 5 to consider various judicial nominations.

The senate will be considering and voting on seven judicial appointees nominated by the governor.

The Ethics Commission is considering ways in which an individual’s role in fundraising may be more accurately disclosed on the lobbyist quarterly disclosure reports. Currently lobbying firms and organization lobbyists must disclose the total amount of all contributions attributable to a reportable individual who has any degree of fundraising responsibility.

For individuals with limited involvement on a host committee, the total amount raised at a particular event may not be reflective of the individual’s limited fundraising efforts. In response, the commission’s staff has prepared three alternative options.

One option would simply allow notation on the report when the individual is not solely responsible for the amount raised. The other two options would amend the lobbying ordinance to remove the dollar amount disclosure requirement for those “assisting a host committee,” or to require reporting of only the amount an individual knows or has reason to know where collected as a result of his or her solicitations.

Discussions on this matter will be held at the commission’s December 13, 2012 meeting at 5:00 p.m. in Room 202 of Council Committee. Feedback may also be sent by email to ethicscommission@sandiego.gov.

Seal of San Diegocourtesy of Zscout370 on Wikipedia.

The Ethics Commission will conduct two interested persons meetings following a report comparing the city’s campaign finance, enforcement, and lobbying laws with the laws of the city of Los Angeles.

Discussion topics include whether or not the city should increase pay-to-play restrictions, prohibit political contributions from lobbyists, and whether to adopt more stringent enforcement policies.

The meetings are scheduled for Tuesday, December 4, 2012 at 5:30 p.m. in Room 408 of City Hall and for Monday, December 10, 2012 at 2:00 p.m. in Room 416 of City Hall.

Feedback may also be sent by email to ethics.commission@sfgov.org.

Campaign Finance

“Column: Campaign-finance tweaks can fix big problems” editorial by Peter Schweizer in USA Today.

Missouri: “Missouri House Democrats propose new campaign finance restrictions, stiffer ethics rules” by Chris Blank (Associated Press) in The Republic.

Lobbying

“Lobbying group’s next president expected to fight White House rules” by Kevin Bogardus in The Hill.

“Marlowe to Step Down as Head of American League of Lobbyists” by Andrew Ramonas in The Blog of Legal Times.

“Lobbying World” in The Hill.

“Lobbying, America’s One Truly Unstoppable Growth Industry” by Jim Geraghty in the National Review.

“When ‘Super PACs’ Become Lobbyists” editorial in The New York Times.

“VIDEO: Rep. Shuler Said He Wouldn’t Become A Lobbyist; Now He Will” by David Halperin in The Huffington Post.

Florida: “Slow revolving door to lobbying in Fla. Capitol” editorial in the Orlando Sentinel.

Florida:  “Dorworth has a new career – as a lobbyist” by Jason Garcia in the Orlando Sentinel.

Ethics

New York:  “Ethics panel investigating New York Republican” by The Associated Press in CBS News.

Pennsylvania: “Ethics board fines Philadelphia official for Facebook posts” by Dave Davies in Newsworks.

Redistricting

Montana: “Redistricting panel works on Montana Senate boundaries” by The Associated Press in the Billings Gazette.

Ohio:  “Ohio Supreme Court upholds legislative maps” by Jim Siegel in the Columbus Dispatch.

Elizabeth Bartz, President and CEO of State and Federal Communications, is presenting the second installment of the Public Affairs Council’s State Procurement Webinar Series. The webinar, “Procurement Prospects: Learning to lobby for government contracts,” will take place today from 2:00 to 3:00 p.m. EST.

Bartz will be speaking on state pay-to-play laws, the effective elements of a pay-to-play compliance program, and current trends in procurement.

According to the Public Affairs Council website:

Not adhering to the rules and regulations for acquiring government contracts could put your entire business at risk. Many of the laws for compliance in the procurement process differ from those commonly followed in other areas of government relations. Part two of this three-part series will cover how to build a sustainable state procurement compliance strategy and how to legally interact with government officials.

Massachusetts lobbyists using a LinkedIn online discussion group are not prohibited from soliciting contributions for candidates from the group.

The Office of Campaign and Political Finance (OCPF) issued an opinion, AO-12-03, on November 20, detailing when a lobbyist can solicit contributions on LinkedIn without being considered a regulated intermediary or conduit bundling contributions. The OCPF considers the use of social media, such as LinkedIn, as a “personal service” that is generally exempt from campaign finance limitations or disclosure requirements.

Asking members of a lobbyist’s LinkedIn group “to contribute directly to candidates does not involve ‘arranging’ for the making of contributions” requiring application the law,” the opinion holds. However, a lobbyist could be regulated if contributions are either “‘delivered, whether in person or by mail [by the regulated intermediary], to a particular candidate or such candidate’s authorized committee or agent’ or made ‘in a manner that identifies in writing the person who arranged the making of the contributions.’” For example, in the instance of direct contributions to a candidate, if a lobbyists “actually instructs the contributors to identity, with a note on their contribution checks, the legislative or executive agent as the person responsible for arranging the contribution, the legislative or executive agent would be subject” to regulation.

The restrictions for bundling apply only if at least one of the bundled contributions is more than $156. The OCPF also opined that persons who are not lobbyists may use LinkedIn or similar sites to solicit contributions for candidates, with certain restrictions for public employees.

Outgoing senate president Tom Niehaus has introduced a bill to overhaul the state’s ethics law. Senate Bill 391, if passed, will:

• Increase the lobbyist registration fee to $35 (will take effect 12/1/14 if passed);
• Change the registration period for executive and retirement system lobbyists to two years, expiring on December 31 of even-numbered years (will take effect 12/1/14 if passed);
• Codify the percentage of time a lobbyist must spend on lobbying before being required to register;
• Increase the itemizing threshold for lobbyist expenditure reporting to $100;
• Exclude maintenance of office facilities and compensation paid to legislative agents from the definition of expenditure; and
• Increase the limit on gifts to public officials to $250, aggregated per calendar year.

The bill also provides additional requirements for financial disclosures from public officials.

Mayor Rahm Emanuel is continuing to overhaul the city’s ethics code by introducing another ordinance based on his ethics task force’s recommendations. While this proposed ordinance deals mostly with governmental employees and elected officials, it would also bring some changes to lobbyist registration and reporting.

The ordinance, if approved, will change the definition of a lobbyist. Currently, volunteers, employees, officers, and directors of a not-for-profit entity are exempted from registering as a lobbyist. However, the proposed ordinance will eliminate that exemption and require those members of a not-for-profit entity who seek to influence legislative or administrative action to register as a lobbyist. The proposal does allow the ethics board to create objective criteria allowing for a reduction or a waiver of the registration fees for not-for-profits lobbyists.

Finally, under the proposal, lobbyists would be required to disclose the actual amount of compensation received from employers. Currently, the compensation needs only to be rounded to the nearest $1,000.

Photo of the Daley Plaza and Chicago City Hall by JeremyA on Wikipedia.

The Tallahassee city commission has approved the volunteers appointed to the newly-created ethics advisory panel.

The panel will spend six months reviewing the city’s policies on ethics, financial disclosure, and transparency to determine whether to keep the current policies or adopt new ones.

The meetings will be publicly noticed, and the panel has already invited several outside experts to give feedback.