May 25, 2011 •
Governor Appoints New Commissioner of Political Practices
The appointment requires Senate confirmation.
Governor Brian Schweitzer has appointed Dave Gallik to serve as Montana’s Commissioner of Political Practices.
Gallik previously worked as Staff Attorney for the Montana State Insurance Commissioner and served for several years in the Montana House of Representatives.
The Commissioner of Political Practices is appointed to serve one six-year term and requires Senate confirmation.
Photo of the Montana State Capitol courtesy of Galaksiafervojo on Wikipedia.
May 25, 2011 •
New Pay-to-Play Ordinance for Newark
Redevelopers Defined
Mayor Corey A. Booker has signed a new pay-to-play ordinance into law, specifically aimed at city redevelopers. The new ordinance bars redevelopers from contracting with the city if a contribution, or pledge of a contribution, over $300 has been made one year prior to the contract.
Redeveloper is defined to mean any person or entity entering into a contract with the city, or with another redeveloper, for the rehabilitation of any area in the city. The definition includes those with a 10-percent or greater ownership in the entity, partners, officers, subsidiaries, and spouses and adult children living at home.
Any group of individuals from the contracting entity cannot contribute in the aggregate in excess of $3,000. Contribution and disclosure requirements will also be required from lobbyists, professionals, and consultants working for a redeveloper if his or her work relates to the subject contract. A redeveloper who violates the ordinance is barred from future redevelopment agreements for four calendar years.
The ordinance takes effect June 2nd.
Photo of Newark at night by Jamaalcobbs at en.wikipedia.
May 24, 2011 •
Alabama Ethics Commission Gains Funding Guarantee
Governor signs bill providing $1.8 million.
Alabama Governor Robert Bentley has signed a bill that guarantees future funding for the Alabama Ethics Commission.
The new law appropriates one tenth of one percent of the state’s general fund budget to the ethics commission. Under the current proposed budget, this appropriation represents approximately $1.8 million dollars.
The appropriation provision in the new law can only be modified by a two-thirds vote of the Alabama House and Senate.
May 24, 2011 •
Minnesota Legislature Adjourns
A special session will be necessary.
The regular session of the Minnesota Legislature adjourned the evening of May 23, 2011.
A special session will be necessary to avoid a state government shutdown at the end of June, as no budget compromise was reached during the regular session.
The Governor has until June 6, 2011 to act on bills passed by the Legislature.
Photo of the Minnesota State Capitol dome by Mulad on Wikipedia.
May 24, 2011 •
Governor Deal’s Veto Deals “Flush” to SB 163; General Assembly Seeking “Full House” to Override
Campaign Communications Disclosure Bill Vetoed by Governor Nathan Deal in Georgia
A bill concerning campaign communication disclosures has been vetoed by Georgia Governor Nathan Deal. Citing to potential vagueness associated with the bill’s provisions and First Amendment concerns, Deal vetoed Senate Bill 163.
The General Assembly will now have to muster the support to override the veto if the measure is to become law.
Senate Bill 163 would require a clear statement on all campaign communications concerning the source of payment financing the item or items used in the communication, as well as requiring specific disclosures depending on the person or persons financing the communication.
May 24, 2011 •
Can Candidates Solicit Unlimited Funds?
FEC Advisory Opinion Requested
The House Majority PAC and the Majority PAC, two independent expenditure entities, formally requested an advisory opinion from the Federal Election Commission asking whether federal officeholders and candidates may solicit unlimited contributions on behalf of PACs. The request was sparked by the newly created Republican Super PAC, founded by James Bopp, and its plan to ask candidates to solicit and direct unlimited contributions on its behalf.
These solicited funds would be earmarked for independent expenditures supporting or opposing specifically designated candidates. Additionally the request asks if candidates may participate in fundraisers for PACs even if they cannot solicit contributions.
May 23, 2011 •
News You Can Use Digest – May 23, 2011
Here are highlights from State and Federal Communications, Inc.’s latest edition of News You Can Use:
Federal
Colbert at the FEC? Really
National
Fox Parent Company to Disclose Political Giving
From the States:
Arizona
Fiesta Bowl Seeks Repayment for Political Contributions
Illinois
Emanuel Jumps into Work, Signs Six Executive Orders
Maryland
Johnson, Ex-County Executive in Prince George’s, Pleads Guilty to Taking Bribes
Minnesota
Court Lets Minnesota Corporate Disclosure Law Stand
Tennessee
Four Named to State Ethics Commission
Virginia
Virginia Ethics Rules Questioned in Wake of Federal Case
Wisconsin
Officials Dismiss Ethics Complaints Over Anti-Union Bill
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.
Jim Sedor is editor of News You Can Use.
May 23, 2011 •
Governor Martinez Signs Executive Orders to Improve Procurement Process
Orders Aim to Make Procurement More Ethical and Efficient
New Mexico Governor Susana Martinez has signed two executive orders that seek to improve the procurement process in New Mexico.
Executive Order 2011-030 authorizes the suspension or debarment of businesses for conviction of fraud, embezzlement, theft, forgery, bribery, falsification, destruction of records, receiving stolen property, antitrust violations, willful failure to perform in accordance with contracts, and any other cause occurring within the preceding three years of a procurement which the state purchasing agent or a central purchasing office determines to be so serious and compelling as to affect responsibility as a contractor.
Executive Order 2011-031 created the Governor’s Task Force on Procurement Reform to review and update the current statutory and regulatory Procurement Code and to increase transparency and efficiency in the procurement process.
May 23, 2011 •
Corporations Must Disclose Independent Expenditures in Maryland
Directly to Shareholders or Link From Homepage
Governor Martin O’Malley signed into law a bill which requires corporations to disclose to shareholders the dates and amounts of political independent expenditures and the candidate or ballot issue to which the expenses related, or post a link to this information from its homepage.
All entities making an aggregate independent expenditure of $10,000 or more in an election cycle will be required to file reports detailing information such as the identities of those making, or those exercising direction or control over those making, the independent expenditures. Included in the report must be the identity of each person who made cumulative donations in excess of $51 to the entity making the independent expenditure. Entities include corporations, partnerships, committees, associations, and labor organizations.
The law redefines independent expenditure to mean expressly advocating the success or defeat of a clearly identified candidate or ballot issue. Separate and distinct from the definition of independent expenditure, the law also defines electioneering communications to cover expenditures for broadcasts made within 60 days of an election. Based on the amount of money spent and the size of the audience of the broadcast, separate and additional disclosure reports may be required for electioneering communications.
The new law takes effect December 1.
May 23, 2011 •
Tennessee General Assembly Adjourns Early
The first session of the 107th General Assembly adjourned the evening of May 21, 2011.
The adjournment was the earliest date in 18 years.
The 107th General Assembly will reconvene on Tuesday, January 10, 2012.
Photo of the Tennessee House Chamber by Ichabod on Wikipedia.
May 20, 2011 •
Reactions to Proposed Executive Order Requiring Federal Contractor Disclosure
Not Yet Signed
Reaction to the leaked draft presidential executive order requiring vendor disclosure of political contributions has been increasing. A hearing was held in the House last week to examine the proposed executive order, with testimony being presented from various witnesses.
The U.S. Chamber of Commerce, writing on behalf of a coalition of more than 80 business groups and trade associations, has strongly protested the proposed executive order, stating, “American businesspeople should not be forced to limit the exercise of their constitutional rights under a new and oppressive regulatory scheme.”
More than 30 public-interest groups have signed a letter in support of the draft executive order, writing, “In order to keep in check actual or perceived corruption in government contracting, it is imperative that there be full disclosure of campaign contributions and expenditures by federal government contractors.”
If the draft presidential executive order were to be signed, it would be effective immediately, requiring every entity submitting offers for federal contracts to disclose certain political contributions and expenditures made within the two years prior to submission of their offer.
Photo of the U.S. Chamber of Commerce courtesy of APK on Wikipedia.
May 20, 2011 •
Miami-Dade Ethics Commission Reviewing Applications for Executive Director
Expected to be Selected During Summer
Members of the Miami-Dade Ethics Commission will have 39 applicants to choose from when replacing current Executive Director Robert Meyers, who is resigning his position after 12 years with the commission.
Included in the 39 applicants, among other professions, are two retired former Miami-Dade prosecutors, a former assistant attorney general, an assistant public defender, and a former daytime television judge.
The commission is expected to narrow the list of candidates at their upcoming meeting on May 26, 2011. After narrowing the list, interviews of the finalists will take place and a new executive director is expected to be named during the summer.
May 20, 2011 •
Highlighted Site of the Week – YouTube Town Hall
“An online platform for members of Congress to debate and discuss the most important issues of the day.”
Most of us have become accustomed to offering our preferences and opinions on social networks. We have the “like” button on Facebook for the updates our friends share – pictures, news, and videos. On YouTube, you can mark a video as a favorite. You can share it, flag it, add it to a playlist, and leave your comments on it.
This week, YouTube launched YouTube Town Hall, a place where you can watch videos created by members of Congress. They are speaking on topics such as the budget, energy policy, education, health care, the economy, and the war in Afghanistan.
Like everywhere else in social media, you can weigh in your opinion “supporting” a video’s message by clicking the support button. You can also share videos with your friends. YouTube’s Town Hall page opens with the motto: “Watch the debates. Choose your side.”
The videos can be viewed in debate mode, with two videos (offering opposing messages) sitting side-by-side, or by what YouTube calls the “Leaderboard,” which ranks the videos from the ones getting top support down to the least supported.
You can even ask questions on policy. If enough people give your question a “thumbs up,” it may become one of the top-rated and selected each month to be answered by a member of Congress!
I am keenly interested to see whether this will catch on. Is this the town hall of the future? Could it reshape the way we conduct campaign debates? Let’s see!
Have a good weekend.
May 19, 2011 •
Governor Requests Lobbyists’ Contracts Terminated
Rhode Island’s Quasi-Public Agencies
Governor Lincoln Chafee has sent letters to the directors of Rhode Island’s 17 quasi-public agencies requesting, among other things, they terminate non-critical contracts with lobbyists. He is also requesting any procurement activities by these agencies be open and transparent, instructing the agencies to post all procurement rules and regulations applicable to each agency’s contract practices on a public website.
Governor Chafee indicates the purpose of the letters is to help find cost reductions that are available through increased efficiency and productivity, stating, “Under my appointment authority I take very seriously the responsibility of placing highly qualified individuals who strive to ensure value in the services provided by our quasi-public agencies.”
Some of the quasi-public agencies include the Rhode Island Industrial-Recreational Building Authority, the Rhode Island Airport Corporation, and the Rhode Island Health and Educational Building Corporation.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.