As we looked into the new year, we noticed we have a busy schedule in the next few months! Here is a list of the future events where State and Federal Communications will be attending and/or speaking regarding compliance issues. If you are attending any of these conferences, please come and say hello. We would love to see you!

January 9-13, 2011                  PAC Public Affairs Institute, Laguna Beach, California

January 13, 2011                      WASRG Welcome Reception, Washington, D.C.

January 25-28, 2011               PAC Grassroots Conference, Key West, Florida

February 1-2, 2011                   Governing Outlook in the States, Washington, D.C.

February 8-10, 2011                 Innovate to Motivate, San Antonio, Texas

February 22-25, 2011              PAC PAC Conference, Miami, Florida

March 30-April 1, 2011            SGAC Annual Meeting, Austin, Texas

April 3-5, 2011                            NASPO, Boston, Massachusetts

IDAHO: The Idaho Secretary of State’s office will be closed December 31, 2010 in observance of the New Year’s holiday. Normal business hours will resume Monday, January 3, 2011.

OHIO: The Ohio Secretary of State’s office will be closed Friday, December 31, 2010 in observance of the New Year’s holiday. Normal business hours will resume Monday, January 3, 2011.

WYOMING: The Wyoming Secretary of State’s office will be closed December 31, 2010 in observance of the New Year’s holiday. Normal business hours will resume Monday, January 3, 2011.

A superior court judge has ruled the Secretary of State cannot refuse to provide procedural information regarding a complaint made against a lobbyist. In NCICL v. North Carolina, Judge Paul G. Gessner found no basis in law for the refusal to grant information regarding a formal complaint previously made about a legislative lobbyist.

The Secretary of State had argued the state public records laws prohibited them from releasing any information, and had refused to reveal any details, including the status of the complaint or even whether any action had been taken.

Montana Governor Brian Schweitzer announced Friday he has chosen Jennifer Hensley to serve as the state’s top ethics official.  Hensley will replace the current Commissioner of Political Practices Dennis Unsworth, whose six-year term expires at the end of the year.

A bipartisan group of four legislative leaders submitted the names of four candidates to the governor, including Hensley who has worked on several political and initiative campaigns and is the wife of state Senator Steve Gallus.   Hensley must be confirmed by the senate before beginning a six-year term.

Here at State and Federal Communications, we have many things for which we are thankful. As we begin to wrap up the day and go home, we would like to thank you for following Lobby Comply. We have had a great year and look forward to giving our very best service in 2011.

Health and happiness to you and your families in 2011.

From all of us at State and Federal Communications, we wish you Happy Holidays!

Photo of the wreath by Kevin Kahle on Wikipedia.

The Federal Election Commission has issued Advisory Opinion AO2010-30 Citizens United, allowing Citizens United to rent its email subscriber mailing list to federal candidates, political party committees, and political committees.

The commission concluded the rental is not a coordinated expenditure or a coordinated communication. Citizens United plans to rent its list at fair market prices using a commercial list brokerage firm.

The commission did not have enough votes to approve a response as to whether using the list to solicit contributions or invite recipients to a fundraiser violates the prohibition against corporate facilitation of contributions to candidates or political committees.

Q. If I provide a gift to a covered official exceeding the gift limit in that jurisdiction, can the covered official reimburse my employer for the difference?

A. This is a situation you never, ever want to be in, but sometimes it happens. Fortunately, most of the states allow for the covered official to reimburse the donor in order to rectify the situation.

One of the circumstances precluding reimbursement is when too much time has elapsed between providing the excessive gift and reimbursement by the official. If too much time has passed, the state considers the gift to have been “accepted” by the official, and reimbursement is not an option.

Also, even if the official reimburses the overage, sometimes the lobbyist, the official, or both must nonetheless report the total value of the gift. From a disclosure standpoint, this makes a precarious situation even more suspect.

Some examples of these rules include the following:

• In Connecticut, the gift limit is $10. The official may not partially reimburse a more expensive gift to bring the final cost to the lobbyist below $10, because the overall value of the item is still over $10 [Advisory Opinion 1997-15].

• In the state of Washington, an official’s name cannot be removed from a filed lobbying report, regardless of whether the official has fully reimbursed the lobbyist for the reported expenditure. In addition, an official cannot partially reimburse a lobbyist for an expense to bring the total cost below the $50 reporting threshold. Even if a partial reimbursement occurs, both the lobbyist and the official must report the full amount. The only way an expenditure exceeding the threshold does not have to be reported is if the official fully reimburses the lobbyist prior to the lobbyist filing the lobbying report disclosing the expenditure.

• In New York, public officials and employees may completely reimburse the donor of a gift if the reimbursement is not removed or remote in time in order to comply with the gift ban [Advisory Opinion No. 97-03]. If an item, entertainment, or other benefit is received and payment of its market value is made prior to or simultaneously with receipt, there is no gift [Advisory Opinion No. 97-03].

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.

State and Federal Communications, Inc. had a month-long gift wrapping fundraiser to benefit the United Way of Summit County.  Promoted as “giving YOU the gift of time” employees in the building brought their unwrapped gifts to be expertly wrapped and returned ready to be put under the tree.

Packages of all sizes and shapes came through the doors and the elves tackled each corner to impress.  Participants of the fundraiser made personal donations to the United Way.  All donations were matched by State and Federal Communications and were forwarded to United Way.

Happy Holidays.

The New York State Commission on Public Integrity has released an advisory opinion making it easier for state employees targeted by layoffs to gain new employment.  The commission announced that the 30-day recusal period set forth in Advisory Opinion No. 06-01 has been suspended as it applies to state officers or employees who have been targeted for layoffs or state employees who may opt for relocation or layoff because their position will be eliminated.

State employees who pursue potential post-government employment opportunities must still recuse themselves from any matters pertaining to that private entity for the duration that the employee remains employed by the state agency, if targeted for layoff.

Flag of New York image courtesy of Wikipedia.

The new ethics code is an extension of previous code which had been passed during the summer of 2010 to institute such a standard on the county commissioners. Following a training session scheduled for spring of 2011, all county employees who receive perishable gifts will be required to place them in an area where other employees and the public will be free to enjoy them, while non-perishable gifts will have to be turned over to the administration to be put to the public use.

Further, employees will not be permitted to accept personal gifts outside the office which could be perceived as being intended to influence their decisions as an employee of Broward County.

MAINE: The Maine Commission on Governmental Ethics and Election Practices will be closed December 23rd for a state government closure day. The Commission will also be closed the following day, December 24th, in observance of the Christmas holiday and on December 31st in observance of the New Year’s holiday.

WISCONSIN: The Government Accountability Board will be closed on December 24th, 2010 in observance of the Christmas holiday and on December 31st in observance of the New Year’s holiday.

A special legislative session has been announced for March 30, 2011 to redraw state and federal districts. The redistricting will include congressional, state education board, and judicial districts.

Significant district changes are anticipated due to overall population decline and shifts in population concentration as a result of Hurricane Katrina. The session has been called by legislators, not the governor, for the first time in state history.

Photo of Louisiana State Capitol building by Bluepoint951 on Wikipedia.

Paul M. Nick has been designated Interim Director of the Ohio Ethics Commission beginning January 1, 2011.

The Commission will meet on January 6, 2011 to formalize the appointment. Due to unforeseen circumstances, the Ohio Ethics Commission was unable to convene with a required quorum on December 20, 2011 to select an Interim Director. After consulting with the Commission Chair, Ben Rose, Executive Director David Freel designated Mr. Nick to succeed him in the interim. The Ohio Ethics Commission has begun a search for a permanent replacement for Director Freel who retires at the end of this year.

Paul Nick currently serves as the Ohio Ethics Commission’s Chief Investigative Attorney and has held the position since 2000. Mr. Nick joined the Commission in 1995 as Investigative Counsel. Prior to his experience with the Commission, Mr. Nick was an Assistant City Prosecutor with the City of Columbus.

You may read the Ohio Ethics Commission press release announcing Mr. Nick’s appointment here.

While not as strict as the bills originally proposed by the Governor, the newly passed rules represent a dramatic overhaul to Alabama ethics law. Under the new rules, PACs will be forbidden from making transfers of funds to other PACs with a few exceptions.

State lawmakers will be unable to hold a second public job, and one bill imposes a ban on “pass-through pork” whereby a legislator can appropriate funds to a specific agency or project without legislative approval. In the new year, lobbyists will be required to complete a training program, and the State Ethics Commission will have subpoena power.

Another bill signed by Governor Riley will forbid public employees from donating to political groups via payroll deduction. This law has been criticized as politically motivated by state Democrats.