On January 30, the Joint Commission on Public Ethics (JCOPE) submitted a Notice of Revised Rulemaking for Part 943, commonly referred to as Comprehensive Lobbying Regulations, to the New York Department of State. The revised rules include an online ethics training requirement for lobbyists.

Additionally, the revised rules provide further clarification regarding reportable expenses attributable to social media activities and grassroots lobbying.

New York’s rule making process requires an additional comment period once a Notice of Revised Rulemaking is filed and published in the New York State Register.

The new comment period expires on March 16, and the revised rules are available at http://www.jcope.ny.gov/advice/complobbyregulations.html.

The Joint Commission on Public Ethics (JCOPE) will conduct a public hearing on proposed regulations in Hearing Room A of the Legislative Building, 198 State Street, Albany, New York on October 30, from 1-4 p.m.

The proposed regulations compile existing guidelines and advisory opinions regarding rules and requirements related to lobbying. The proposals were originally introduced in October 2016 and were reviewed in December 2016.

After the public hearing, JCOPE will review comments and decide if further amendments must be made. If the rules are adopted, JCOPE must follow the State Administrative Procedures Act and file the full text of the rule with the Department of State.

More information about the proposed regulations are available at JCOPE’s website.

The New York Joint Commission on Public Ethics (JCOPE) issued a call to concerned individuals for comments regarding the Notice of Proposed Rulemakings for Comprehensive Lobbying regulations and Source of Funding Disclosure Regulations.

The comprehensive regulations expand the definition of lobbying to include indirect lobbying, like setting up a meeting between a legislator and a lobbyist. According to JCOPE, the purpose of the proposed regulations is to fully incorporate existing guidelines and decades of advisory opinions.

The hearing will be held on Monday, October 30, 2017 in Hearing Room A of the Legislative Office Building. All public comments must be submitted by 5 p.m. on October 6, 2017, to Carol Quinn, Deputy Director of Lobbying Disclosure, at carol.quinn@jcope.ny.gov.

Additional details are available on the JCOPE website.

Home-sharing website Airbnb is planning to file a formal complaint to call on the Joint Commission on Public Ethics or the state Attorney General’s Office to investigate the ShareBetter coalition, which has spent money to run anti-Airbnb ads, organized lobby days, and established a website calling for grassroots action.

The lawsuit accuses ShareBetter of failing to register for lobbying activities and to file bimonthly and semiannual lobbying reports, among other offenses. However, sources close to ShareBetter say the three entities that make up the bulk of the funding are already registered as lobbyists and have disclosed their activities.

In response to Airbnb’s lawsuit, ShareBetter plans to file its own complaints against Airbnb for failing to report lobbying activities at both the state and city levels.

James Yates and Marvin Ray Raskin have been appointed to the Joint Commission of Public Ethics (JCOPE).

Yates previously served the state Supreme Court and served as counsel to ex-Assembly Speaker Sheldon Silver. Raskin has served as the president of the Bronx County Bar Association and is a former assistant district attorney.

There are 14 members of JCOPE and each member serves a five-year term.

According to the American Civil Liberties Union (A.C.L.U.) and New York Civil Liberties Union (N.Y.C.L.U.), Attorney General Eric Schneiderman will not enforce certain provisions of the ethics law passed in 2016.

Specifically, Schneiderman is holding off on enforcing provisions of the New York Executive Law related to charitable lobbying donations (N.Y.E.L §172-e, f) until a federal lawsuit is decided. Schneiderman and officials from the Joint Commission on Public Ethics are both listed as defendants in the lawsuit filed by the A.C.L.U. and N.Y.C.L.U.

Plaintiffs contend the law requiring 501(c)(3) charities to disclose all their donors who contributed more than $2,500 to a substantial lobbying campaign run by an issue-oriented 501(c)(4) is unconstitutional and they are seeking an injunction prohibiting enforcement the ethics law.

Lobbying

“Lobbying Is Not Enough to Build Influence Among U.S. Lawmakers” by Michael Gottlieb and Elise Gurney for Harvard Business Review

New York: “JCOPE Settles with Glenwood, Malpractice Insurer Over Lobbying Violations” by Casey Seiler for Albany Times Union

Campaign Finance

Illinois: “Illinois Governor Donates $50M to His 2018 Campaign Fund” by the Associated Press for The New York Times

New Mexico: “Campaign Finance Reform on Agenda Again in NM” by the Associated Press for Las Cruces Sun News

Ethics

“Wielding Claims of ‘Fake News,’ Conservatives Take Aim at Mainstream Media” by Jeremy Peters for The New York Times

“Inside the Trump Organization, the Company That Has Run Trump’s Big World” by Megan Twohey, Russ Buettner, and Steve Eder for The New York Times

“Navy Repeatedly Dismissed Evidence That ‘Fat Leonard’ Was Cheating the 7th Fleet” by Craig Whitlock for The Washington Post

Montana: “Montana Governor, Legislators Condemn Plans for White-Nationalist March” by David Weigel for The Washington Post

New York: “A Song for Bill de Blasio Sounds a Sour Note for Watchdogs” by William Neuman for The New York Times

Ohio: “Company Must Pay $100,000 to Columbus in Red-Light Bribery Scheme” by Earl Rinehart and Rick Rouan for The Columbus Dispatch

Elections

“Trump Inauguration Security Planners Brace for Wave of Protesters” by Nicholas Fandos for The New York Times

On November 29, 2016, Daniel Horwitz’s departure as the chairman of the New York State Joint Commission on Public Ethics (JCOPE) was announced at a panel meeting.

Horwitz has been a member of JCOPE since 2011 and the chairman since 2013. A replacement for Horwitz has not been appointed, but Gov. Andrew Cuomo is currently vetting candidates for the position.

Lobbying

“Lobbying Commissioner Karen Shepherd Won’t Seek Another Term” by Marco Vigliotti for The Hill Times

“K Street Says Social Media Is Growing Faster Than Traditional Lobbying as Way to Influence Washington” by Catherine Ho for Washington Post

“Top Lobbyists 2016: Grassroots” by The Hill Staff for The Hill

“Top Lobbyists 2016: Associations” by The Hill Staff for The Hill

“JCOPE Hits Lobbyist with $180K Fine for Failure to File, Repeatedly” by Rick Karlin for Albany Times Union

Campaign Finance

“Washington Judge Fines Food Group $18M in 2013 GMO Fight” by Phuong Lee and Rachel LaCorte (Associated Press) for Fresno Bee

Ethics

“Lobbyist for State Aids Pence Campaign” by Brian Slodysko (Associated Press) for Fort Wayne Journal-Gazette

Elections

“Who Are You Writing In? The Overwhelming Allure of Voting for Someone Who Won’t Win.” by Amy Argetsinger for Washington Post

“Emails Warrant No New Action Against Hillary Clinton, F.B.I. Director Says.” by Matt Apuzzo, Michael S. Schmidt and Adam Goldman for New York Times

The New York Joint Commission on Public Ethics (JCOPE) released a set of proposed lobbying regulations on October 13, 2016. The comprehensive regulations expand the definition of lobbying to include indirect lobbying, like setting up a meeting between a legislator and a lobbyist.

According to JCOPE, the purpose of the proposed regulations is to fully incorporate existing guidelines and decades of advisory opinions.

JCOPE is seeking public comment on the staff proposed regulations until November 21, 2016. Drafts of the rules may be found at http://www.jcope.ny.gov/advice/staffproposal.html.

The Joint Commission on Public Ethics (JCOPE) is investigating a series of donations to Manhattan nonprofit Pledge 2 Protect.

Under current law, groups engaged in lobbying activities exceeding $50,000 annually must disclose donors of $5,000 or more. The investigation arose from a series of donations nearing $700,000 from unknown sources to a newly founded law firm, Marquart & Small. These donations were ultimately given to Pledge 2 Protect, with only Marquart & Small disclosed as Pledge 2 Protect’s donor.

Depending on the outcome of the case, Marquart & Small may be required to name their undisclosed third-party donors, and similarly situated groups would have to do the same moving forward.

The New York Joint Commission on Public Ethics has extended the deadline for the lobbyist amnesty program through September 30. The program is meant to encourage nonfiling lobbyists and employers to comply with the Lobbying Act by disclosing activity, as required by law.

The program remains open only to those who have never been contacted by JCOPE for noncompliance with filing requirements and have never been the subject of a criminal proceeding for a Lobbying Act violation. The parallel New York City program was not extended.

JCOPE unanimously passed “emergency” regulations in anticipation of Gov. Andrew Cuomo signing Senate Bill 8160. Under Senate Bill 8160, any charitable organization donating over $2,500 to New York lobbying campaigns would be required to disclose all of its donors, including those unrelated to lobbying efforts.

JCOPE’s new regulations mostly mirror Senate Bill 8160, as any issue-oriented lobbying groups expending more than $15,000 a year would be required to disclose donors of more than $2,500.

The regulations become effective, if and when, Cuomo signs Senate Bill 8160. If Senate Bill 8160 is signed into law, the new reporting thresholds will retroactively include donations and lobbying spending beginning July 1, 2016.

Lobbying

Massachusetts: “Uber Proves Profitable for at Least One Group – Lobbyists” by Jim O’Sullivan for Boston Globe

Campaign Finance

“Pro-Hillary Group Takes $200K in Banned Donations” by Harper Neidig and Jonathan Swan for The Hill

Maine: “Maine Ethics Panel Aims to Close Loophole ‘You Could Drive a Truck Through’” by Darren Fishell for Bangor Daily News

New Jersey: “Proposed Pay-to-Play Reforms Pit Fulop Against Longtime Foes” by Terrence McDonald (Jersey Journal) for Newark Star-Ledger

Ethics

California: “Supervisors Approve Budget and Staffing Plan for Ethics Commission” by Nick Gerda for Voice of OC

California: “At the Corner of Power and Poverty” by Laurel Rosenhall for CALmatters

Massachusetts: “Grand Jury Indicts Second Official in Boston Mayor Marty Walsh’s Administration” by Gintautas Dumcius for MassLive.com

New York: “Ethics Reform Brings Less Information About JCOPE Probes” by Chris Bragg for Albany Times Union

Oregon: “Lawmaker’s Actions Questioned by Portland Police Officer” by Gordon Friedman for Salem Statesman-Journal

Elections

Utah: “Two Transgender Candidates – Both Named Misty – Just Made History by Winning Primaries” by Amber Phillips for Washington Post