A panel of the Administrative Conference of the United States has made a recommendation of ethics standards for government contractors and their employees. Under the proposed rules, a contractor would be prohibited from accepting gifts from anyone who is seeking an official action from the contract work or who has some interest substantially affected by the contract.

A contractor would also have to certify, prior to commencing work on any contract, no participating employee has a conflict. If conflicts do exist, the contractor would be required to request waivers for such conflicts, or disclose any conflicts and propose a mitigation plan.

The Conference is an independent agency of the federal government serving as an advisory organization.

Update: Kathy Kyle, Communications Director with the Administrative Conference of the United States, sent us a wonderful clarification, which we quote here:

The “recommendation” that you reference in your blog is an initial draft recommendation that was considered by the Committee at its most recent meeting, on December 3, 2010.  Over the course of the next several months, the Committee plans to hold one or more additional meetings wherein it will further discuss the issues related to the project and will revise the recommendation.  Once the Committee has produced its final recommendation, the recommendation will then be presented to the ACUS Council and then to the full Conference meeting in plenary session, set for a vote.  If approved, the final recommendation will then be published in the Federal Register.

Just as the use of social media has exploded with the average person in everyday interaction, so it goes with the use the of social media in political campaigns. And just as political ads have prompted regulations in traditional media – in print, radio, and television – ethics oversight agencies in the states are now facing the need to regulate political ads in social media.

In essence, we have a 1970s post-Watergate system of political ads regulation facing a completely new set of challenges with today’s political activity on the internet. How do you get all parties to agree on meanings and terms for features in electronic ads when there is no industry standard? How do you identify the source of funding for a Google or Facebook ad? How would you fit a disclosure statement into a tweet when you are limited to 140 characters? Some have said regulation of political ads in social media constitutes a restriction of the exercise of freedom of speech. Others have argued that endorsements by influential bloggers should be considered as in-kind contributions.

Two states to watch are Maryland and California. The Maryland State Board of Elections and California’s Fair Political Practices Commission (FPPC) have established rules for proper use of social media by political campaigns, PACs, and private individuals. At the Council on Government Ethics Laws 2010 conference in Washington, D.C., I had the privilege of meeting Jared DeMarinis, Maryland’s Director for the Maryland Board of Elections Division of Candidacy and Campaign Finance, and Roman Porter, Executive Director of the FPPC. It was a COGEL breakfast group discussion with them that prompted me to offer these resources in this post.

Here is the link for Maryland’s Summary Guide to Candidacy and Campaign Finance Laws. Chapter 12, section 6 deals with electronic media. Maryland’s answer to the issue of disclosure within the limited space of a social network appears to be requiring a hyperlink to a landing page that would host the disclosure information. Government Technology has a nice article from August 3, 2010 called, “Maryland Social Media Campaign Rules Take Effect,” which describes the new regulations.

California’s FPPC offers a report from the Subcommittee on Internet Political Activity called “Internet Political Activity and the Political Reform Act,” dated August 11, 2010. Here is a memorandum describing amendments, from October 2010. They also offer a helpful online FAQ page called “Electronic Media: Paid Political Advertisements.” These resources have a great deal of guidance regarding disclosure in social media political ads, what triggers the need for disclosure, and how disclosure is to be done in social media.

Perhaps the work of these two agencies will be the template for other jurisdictions! We will be watching…

Web 2.0 tag cloud graphic by Markus Angermeier on Wikipedia. Seal of California by Zscout370 on Wikipedia.

In honor of the holidays, we highlight two Web sites featuring two national holiday traditions. One is a Christmas tree tradition associated with the White House, and the other a Christmas tree associated with the United States Capitol.

The National Christmas Tree event at the White House and its Web site are both hosted by the National Park Foundation. This has been a tradition with the White House since Calvin Coolidge was President:

According to the site: “In 1923, President Calvin Coolidge walked from the White House to the Ellipse to light a 48-foot fir tree decorated with 2,500 electric bulbs in red, white and green, as a local choir and a “quartet” from the U.S. Marine Band performed. 86 years later, this American holiday tradition continues to bring citizens together to share in a message of hope and peace.”

That first tree was donated by the President of Middlebury College in Vermont. You can find much more about the tradition of the tree lighting since that first ceremony. On the National Christmas Tree site you can visit Santa, get safety tips, decorate your own virtual tree, and see a timeline of National Christmas tree pictures from the 1920s forward. This year, the National Tree lighting ceremony was on December 9 and featured performers such as B.B. King, Sarah Bareilles, and Maroon 5.

The National Park Foundation has not neglected our beloved social media – they have a Twitter account, a Facebook page, a picture-rich Flickr account, and a YouTube account where you can visit Santa’s Workshop at the Ellipse in Washington, D.C.:

On the rival Web site, you can see that this year’s Capitol Christmas Tree came all the way from Bridger-Teton National Forest in Wyoming! The tree has a celebrated travel route, including scheduled stops. Kids could track the progress of the tree via a Google map. The Capitol Christmas Tree has an official song, “The Cowboy Chrismtas Tree Song,” which can be downloaded for your mp3 player.

This year the tree lighting at the U.S. Capitol was on December 7. According to the Architect of the Capitol Web site, this tradition began in 1964 1964, at the request of Speaker of the House John W. McCormack. The Architect of the Capitol Web site has a list of trees used for the displays over the years.

A great deal of hard work and loving-care went into decorating the tree: “The people of Wyoming will make the 5,000 ornaments used to decorate the tree. The ornaments will be 9 to 12 inches tall and must be made to withstand 3 weeks of harsh winter weather.”

Photo of the National Christmas Tree at the White House courtesy of Chris Greenberg on Wikipedia, the photo of the Capitol Christmas Tree by the Office of Senator Patrick Leahy on Wikipedia, and the Santa video courtesy of the National Park Foundation hosted on YouTube.

On December 15, State and Federal Communications celebrated the season with an office holiday extravaganza! It began with an eclectic array of sushi, pulled pork, and brisket, and beverages and desserts to please any palate. Before long, though, the time for camaraderie was over and claws came out during the fast-paced treasure hunt and controversial Ethics Jeopardy, both of which pitted departments against each other in a quest for prizes.

All participants in the cubicle decorating contest received prizes for their efforts, and the winner was awarded first possession of what will become our traveling trophy—an authentic leg lamp, straight from “A Christmas Story” (which was filmed in our neighbor to the north, Cleveland, back in the ‘80’s). The day ended with the finals of our second annual Cornhole Tournament.

While we took the time to celebrate another successful year, State and Federal remained true to our philosophy of giving back and remembering it’s never all about us. For the second year in a row, our aforementioned activities were “pay-to-play,” with all non-perishable items collected going to the Greater Akron-Canton Regional Foodbank.

All of us at State and Federal Communications wish you and yours a safe and happy holiday season!

The Alabama legislature concluded its special session late Thursday. The lawmakers passed versions of all seven bills proposed by Governor Bob Riley.

The new laws modify and strengthen state lobbying, campaign finance, and ethics rules. Among the highlights of the laws heading to the Governor’s desk is a requirement for those seeking a state grant or contract with the executive branch to register as lobbyists.

Under another pending bill, a lobbyist will be forbidden from giving an official a “thing of value” with certain exceptions, such as a meal costing $25 with a total limit of $125 per year. Governor Riley’s office has indicated each of the seven passed bills will be signed into law unless the staff reviewing them discovers mistakes or errors.

Photo of Alabama State Capitol by Jim Bowen on Wikipedia.

The Hawaii State Ethics Commission has selected Mr. Leslie H. Kondo to serve as the new Executive Director, effective January 11, 2011.

Kondo has served as a member of the Hawaii Public Utilities Commission since 2007, and has previously served as the director of the State Office of Information Practices. Mr. Kondo holds a law degree from the University of Hawaii.

The President and CEO of State and Federal Communication, Inc., Elizabeth Bartz, together with research manager John Cozine and staff members: Jim Sedor, Joe May, Megan Huber, Sarah Gray, and David Dobo recently attended the 2010 Council on Government Ethics Laws (COGEL) conference in Washington, D.C. from December 5 to 8, 2010.

The attendees enjoyed a variety of informative break-out sessions which covered a number of topics including recent developments in lobbying and campaign finance regulation. The recent U.S. Supreme Court decision in Citizens United v. Federal Election Commission loomed large at this year’s conference. Many of the panels covered the implications of the decision as it relates to federal and state campaign finance laws. Since the decision was announced in January of this year, many states have had to amend statutes which were partially or completely overturned by the ruling. It was interesting to see how representatives of the different jurisdictions explained their state’s or city’s legislative response to Citizens United. It was also interesting to see which of the dire predictions made by the media in the wake of the decision have come true and which have failed to manifest since the ruling was announced. Experts from the legal profession as well as the Federal Election Commission were on-hand to shed light on the fall-out from what may be the most important campaign finance legal decision of the decade.

On Tuesday, the attendees from State and Federal Communications met the other Ohio-based COGEL participants for lunch at the Westin Hotel on M Street. Tony Bledsoe, Legislative Inspector General for the Joint Legislative Ethics Committee and his assistant joined the table. Also, David Freel, Executive Director of the Ohio Ethics Commission and his senior deputies took the opportunity to break bread with their fellow Buckeyes. It’s something of a State and Federal Communications tradition to bring all the folks from back home together for a good meal and good fellowship. The next All-Ohio COGEL lunch will be held in December 2011 in an As-Yet-To-Be-Determined location somewhere in downtown Nashville, Tennessee.

State and Federal Communications, Inc. was recently honored as one of Northeast Ohio’s fastest growing companies! Weatherhead 100, the organization offering the award, has a mission to be “a venue for encouraging the truest spirit of entrepreneurialism and rewarding those companies that serve as a beacon to all businesses in Northeast Ohio.” At a time of economic difficulties, we are thrilled to be one of the companies receiving this award.

On Tuesday, December 7, Weatherhead 100 held a black-tie gala event to honor the companies for their achievement. State and Federal Communications President and CEO Elizabeth Bartz was in attendance.

We would like to express our deep thanks to Elizabeth Bartz for her skilled leadership. We also thank all of our staff for their commitment, talent, and hard work in offering the highest quality of service to our clients. We believe these things are the keys to our growth and success.

State senator Lou Correa has introduced a Senate Bill 31, a law laying groundwork to eventually require local government lobbying registration. The law would apply to any municipality applying for a discretionary grant from any state agency or department.

The bill is, at this point, nothing more than an introductory statement but could force the hands of municipalities such as Orange County, who have thus far balked at attempts to regulate lobbying activities.

The meeting was postponed one day due to inclement weather. The open session will convene Tuesday at 9:30 a.m. The closed session will convene Wednesday at 9:00 a.m. The Government Accountability Board has scheduled its next meeting for Thursday, January 13, 2011. The meeting will be conducted by teleconference.

The public can observe the meeting at the Government Accountability Board offices, 212 East Washington Avenue, Third Floor in Madison, Wisconsin, beginning at 10:00 am.

The Government Accountability Board meeting notice and supplementary materials may be accessed here. 

On December 15, 2010, the Mississippi Secretary of State’s Office will roll-out a new electronic filing system for lobbyists and clients. The new electronic filing system is for 2011 new registrations and lobbying reports.

All 2010 cycle reports will be still be filed on paper.

The new electronic filing system may be accessed at: http://www.sos.ms.gov/elec/portal/msel/portal.aspx

The State Ethics Commission has approved an increase in contribution limits for both statewide and other offices. The contribution limit for a statewide office during each primary and general election has been increased from $6,100 to $6,300, while the limit for a runoff election for the primary or general election has increased from $3,600 to $3,700.

Additionally, contribution limits for all other offices during each primary and general election have increased from $2,400 to $2,500, and from $1,200 to $1,300 for a runoff election resulting from the primary or general election.

The Republican National Committee has filed a petition for a writ of certiorari with the Supreme Court challenging limits on the amounts a political party can spend in coordination with candidates. Filed on the RNC’s behalf by James Bopp, Jr., the RNC argues the expenditures constitute the party’s free speech.

RNC Chairman Michael Steele said, “The right of political parties to express their members’ views about their candidates for office while also working directly with those candidates to help elect them is crucial to a healthy democracy.”

The case being appealed, Cao v. FEC, found contribution limits constitutional as applied to the RNC.