July 18, 2017 •
Tuesday’s State Government and Ethics News
Lobbying Colorado: “What Does $80 Million Buy Oil and Gas Interests? Voter Profiles, Door Knocking and Influence at Local and Statewide Levels” by Christopher Osher for Denver Post Florida: “Corey’s Ties to Others in FBI Probe Run Deep” by Jeffrey […]
Lobbying
Colorado: “What Does $80 Million Buy Oil and Gas Interests? Voter Profiles, Door Knocking and Influence at Local and Statewide Levels” by Christopher Osher for Denver Post
Florida: “Corey’s Ties to Others in FBI Probe Run Deep” by Jeffrey Schweers for Tallahassee Democrat
New York: “Airbnb Fights Back Against Lobby Groups, Demands Info on Their Funding Sources” by Kenneth Lovett for New York Daily News
Campaign Finance
“Officials Clash at FEC Over Confronting Russian Influence in 2018 Elections” by Lisa Hagen for The Hill
Ethics
“Outgoing Ethics Chief: U.S. Is ‘Close to a Laughingstock’” by Eric Lipton and Nicholas Fandos for New York Times
“Trump Campaign Is Sued Over Leaked Emails Linked to Russians” by Charlie Savage for New York Times
“State Department Spent More Than $15,000 for Rooms at New Trump Hotel in Vancouver” by Amy Brittain for Washington Post
“Break-In Reported at Office of GOP Senator Considered Swing Vote in Health-Care Bill” by Amy Wang and Ed O’Keefe for Washington Post
Legislative Issues
North Carolina: “Rev. Barber Remains Banned from Legislative Building; Some Protesters Can Return If Invited” by Anne Blythe for Raleigh News and Observer
July 14, 2017 •
NYCU Video Digest – July 14, 2017
Before the week is over, be sure to catch up on any state government and ethics news you may have missed in this week’s video digest!
Before the week is over, be sure to catch up on any state government and ethics news you may have missed in this week’s video digest!
July 13, 2017 •
News You Can Use Digest – July 14, 2017
National: Blue Cities Want to Make Their Own Rules. Red States Won’t Let Them. New York Times – Emily Badger | Published: 7/6/2017 In the last few years, Republican-controlled state Legislatures have intensified the use of what are known as […]
National:
Blue Cities Want to Make Their Own Rules. Red States Won’t Let Them.
New York Times – Emily Badger | Published: 7/6/2017
In the last few years, Republican-controlled state Legislatures have intensified the use of what are known as pre-emption laws, to block towns and cities from adopting measures favored by the left. The states are not merely overruling local laws; they have walled off whole new realms where local governments are not allowed to govern at all. Several states are now threatening to withhold resources from communities that defy them and to hold their elected officials legally and financially liable. There is disagreement on who started the fight: states in stripping municipal power, or cities in seizing new roles that were not theirs to begin with.
Federal:
Is Donald Trump Jr.’s ‘I Love It’ Email a Smoking Gun or a Distraction?
Washington Post – Marc Fisher and David Nakamura | Published: 7/12/2017
When Donald Trump Jr. said “I love it” to the prospect of obtaining damaging information from friendly Russians about Hillary Clinton in June of last year, did that constitute a smoking gun? In one America, the answer was a pretty solid yes. Many media outlets and some Democrats straight-out declared the email the “smoking gun” in the investigation into whether the Trump campaign colluded with Russia to take down the Clinton candidacy. Many other news organizations hedged a bit, attaching a question mark to the term. But to supporters of President Trump, the gun was not smoking, it was just more of the same noise that has been cluttering up this presidency since its inception.
The Deep Industry Ties of Trump’s Deregulation Teams
New York Times – Danielle Ivory and Robert Faturechi | Published: 7/11/2017
President Trump entered office pledging to cut red tape, and within weeks he ordered his administration to assemble teams to aggressively scale back government regulations. But the effort is being conducted in large part out of public view and often by political appointees with deep industry ties and potential conflicts-of-interest. Most government agencies have declined to disclose information about their deregulation teams. But The New York Times and ProPublica identified 71 appointees, including 28 with potential conflicts. Some appointees are reviewing rules their previous employers sought to weaken or end, and at least two may be positioned to profit if certain regulations are undone.
Washington Firm Discloses Lobbying Senior Trump Officials on Macedonia
BuzzFeed News – John Hudson | Published: 7/6/2017
Mercury Public Affairs is providing new details about a mysterious U.S. Justice Department filing it made in February for lobbying work related to Macedonia. The firm says it contacted aides to senior Trump administration officials on issues related to Macedonia during a 12-day period in February. Mercury never received payment for the work, according to the document. The Foreign Agents Registration Act form is a retroactive update to a February filing that gained attention after two reports pointed out Mercury did not disclose a foreign agent in the filing. The new form still does not list a foreign agent – it simply lists the Libertas Foundation of which little is known, as the entity the firm is working on behalf of.
From the States and Municipalities:
California: California Lawmakers Want Data on Lobbyists’ Race, Sexual Orientation
Sacramento Bee – Taryn Luna | Published: 7/10/2017
Leaders of the Legislative Asian Pacific Islander, Black, Jewish, Latino, LGBT, and Women’s caucuses in the California Legislature asked 400 lobbying firms, associations, and principals to provide them with the race, ethnicity, gender, and openly gay or lesbian orientation of their employees. Lawmakers said the request is intended to expand the conversation about cultural diversity in the Capitol workforce. Some lobbyists applauded the move for forcing a male-dominated industry to think about its hiring practices. Others expressed concern about how the data could be used against them if their employees are not diverse enough for the lawmakers.
Delaware: Wilmington Ethics Commission Quietly Disbanded under Mayor Williams
Wilmington News Journal – Christina Jedra | Published: 7/12/2017
The Wilmington Ethics Commission quietly dissolved after former Mayor Dennis Williams’ administration allowed members’ terms to expire. City officials have “no idea” how this happened, said Gary Fullman, who was Williams’ chief of staff. It appears sometime after Mayor Mike Purzycki took office in January, his administration became aware of the situation. After being told a story would be published by The Wilmington News Journal on the matter, the city issued a press release saying the board had reformed, announcing five new members and two returning. The members will need to be confirmed by the city council.
District of Columbia: D.C. Business Groups Fight Proposed Pay-to-Play Regulations
Washington Post – Peter Jamison | Published: 7/10/2017
Representatives of District of Columbia business organizations argued against proposed limits on political donations by companies that do business with the city, saying widespread suspicions that contractors have undue influence are unwarranted. Opponents of the “pay-to-play” regulations being mulled by council members relied on an argument long favored by critics of campaign finance laws: that proven instances of elected officials making decisions based on campaign donations are rare, if not nonexistent.
Hawaii: Can Revamped Honolulu Ethics Commission Rebuild Its Credibility?
Honolulu Civil Beat – Anita Hofschneider | Published: 7/13/2017
Honolulu Ethics Commission Executive Director Jan Yamane must work to rebuild an agency that lost its bite in recent years due to internal strife and outside interference from Mayor Kirk Caldwell’s administration. The commission has been relatively quiet since Yamane was hired in August to replace Chuck Totto, who had been the agency’s executive director for nearly 16 years. Yamane said the commission now has a backlog of 40 to 50 complaints, on top of about 60 pending investigations. Yamane has been busy trying to get a handle on the hefty workload and figure out how the commission can be more efficient and effective. There are about 10,000 city employees and only five ethics commission staffers, only three of which can perform investigations.
Iowa: Trial Begins in Lawsuit Alleging Toxic ‘Boys’ Club’ at Iowa Statehouse
Des Moines Register – Grant Rodgers | Published: 7/9/2017
A jury will hear testimony in a lawsuit that claims the Iowa Capitol sheltered a toxic “boys’ club” where some male senators and their staffers spoke freely about sex and women’s bodies with few or no consequences. Kirsten Anderson, a former communications director for the Senate Republican caucus, brought the lawsuit after being fired in May 2013, just seven hours after giving her boss a memorandum asking for an investigation into workplace culture at the Capitol and for stronger policies against harassment. Republican leaders have said Anderson was fired because the quality of her work was deteriorating. But court documents filed by Anderson portray scenes where she and other female staffers were forced to listen to comments about the size of women’s breasts and gossip about colleagues’ sex lives.
Montana: Legislators Face No Punishment for Ignoring Financial Disclosure Forms
The Missoulian – Jayme Fraser | Published: 7/3/2017
Montana’s system to monitor conflicts-of-interest among legislators received a failing grade in an analysis by the Center for Public Integrity. Some lawmakers ignore or flout the rules that do exist and no one has been sanctioned for breaking them in decades. Although legislators cannot take their seat without filing a financial disclosure form, no one ensures state officials fill them out completely. The two-page document was intended to be the baseline by which the public can gauge if elected officials and state employees misuse public posts. It is a key component of the law designed to fulfill a requirement in the Montana Constitution that they must work for the public and not themselves.
New York: Appeals Court Overturns Conviction of Sheldon Silver
Albany Times Union – Matthew Hamilton | Published: 7/13/2017
An appeals court overturned the conviction of former New York Assembly Speaker Sheldon Silver, who was sentenced to 12 years in prison after being found guilty of accepting nearly $4 million in bribes and kickbacks disguised as legal payments from a pair of law firms that had business before the state. The appeals court cited a U.S. Supreme Court ruling, made after Silver’s conviction, which narrowed the definition of the kind of official conduct that can serve as the basis of a corruption prosecution. The U.S. Court of Appeals for the Second Circuit agreed with Silver’s contention that jury instructions in his trial were erroneous in light of the decision handed down in McDonnell v. United States.
North Carolina: Lobbyist Fundraiser Invite Raises Questions
WRAL – Laura Leslie | Published: 7/10/2017
Current lobbyist and former state Rep. Mike Hager is co-hosting a fundraiser for North Carolina Lt. Gov. Dan Forest, but says he has not broken the state law against political contributions by lobbyists. Watchdogs say it is confusing and gives the appearance of impropriety. “I’ve never worried a whole lot about what people think,” Hager said. “It’s the actuality of the law that we’re complying with. That’s the only issue I have.”
Pennsylvania: Convicted Ex-Lawmakers Enjoy Access as Lobbyists
Pittsburgh Tribune-Review – Debra Erdley and Kevin Zwick | Published: 7/9/2017
Numerous former lawmakers, legislative staff, and cabinet officials in Washington, D.C., as well as state capitals across the country, have turned to lobbying. Pennsylvania requires a one-year waiting period before lawmakers and agency officials can begin lobbying former colleagues. A group of Pennsylvania lawmakers-turned-lobbyists spent the waiting period behind bars. They include former House Speakers John Perzel and Bill DeWeese, and Senate Majority Leader Joe Loeper – all of whom left office for prison after being convicted of abuses of power.
Texas: Dallas Wants $8,000 Back from Philip Kingston for Missing Too Many Council Meetings
Dallas News – Tristan Hallman | Published: 7/8/2017
Officials say city council member Philip Kingston owes Dallas taxpayers thousands of dollars. Chief Financial Officer Elizabeth Reich told Kingston in a memorandum that he missed too many meetings in the past 12 months and needs to pay the city back $8,160 of his $60,000 salary. But Kingston said he is disputing the city’s calculations and does not plan to return any money. The unusual quarrel and financial penalty stem from a city charter provision. If council members miss more than 10 percent of the total “regular meetings” in a compensation year, their pay is to be docked by the same percentage of meetings they missed.
Virginia: How a Shadowy Nonprofit Spent $184K in Virginia’s Governor’s Race with Almost Total Anonymity
Richmond Times-Dispatch – Graham Moomaw | Published: 7/7/2017
Virginians for a Better Future incorporated in Delaware as a social welfare organization two weeks before Virginia’s gubernatorial primaries, and then spent $184,000 on an advertising campaign to support Lt. Gov. Ralph Northam’s bid for the Democratic nomination and attack his opponent, Tom Perriello. The identity of the donor or donors behind the ad campaign might never be disclosed. Other states have taken steps to close reporting loopholes for 501(c)(4)s, but a bill to force social welfare groups to disclose their donors failed this year in the Virginia General Assembly.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
July 11, 2017 •
Tuesday’s State Government and Ethics News
Lobbying California: “California Lawmakers Want Data on Lobbyists’ Race, Sexual Orientation” by Taryn Luna for Sacramento Bee Pennsylvania: “House Approves Bill That Strengthens Lobbying Law” by Logan Hullinger for Altoona Mirror Campaign Finance New Jersey: “Last Birdsall Executive Pleads Guilty […]
Lobbying
California: “California Lawmakers Want Data on Lobbyists’ Race, Sexual Orientation” by Taryn Luna for Sacramento Bee
Pennsylvania: “House Approves Bill That Strengthens Lobbying Law” by Logan Hullinger for Altoona Mirror
Campaign Finance
New Jersey: “Last Birdsall Executive Pleads Guilty in Pay-to-Play Scheme” by Andrew Goudsward for Asbury Park Press
North Carolina: “Loophole Lets Lawmakers Take Campaign Cash with Legislation Still Pending” by Laura Leslie for WRAL
Elections
“Trump Jr. Was Told in Email of Russian Effort to Aid Campaign” by Matt Apuzzo, Jo Decker, Adam Goldman, and Maggie Haberman for New York Times
Ethics
“At Private Dinners, Pence Quietly Courts Big Donors and Corporate Executives” by Kenneth Vogel for New York Times
California: “OC Supervisors Seek More Power Over Ethics Commission, By Changing What Voters Approved” by Nick Gerda for Voice of OC
Iowa: “Trial Begins in Lawsuit Alleging Toxic ‘Boys’ Club’ at Iowa Statehouse” by Grant Rodgers for Des Moines Register
Legislative Issues
“Blue Cities Want to Make Their Own Rules. Red States Won’t Let Them.” by Emily Badger for New York Times
Texas: “Dallas Wants $8,000 Back from Philip Kingston for Missing Too Many Council Meetings” by Tristan Hallman for Dallas News
July 10, 2017 •
Oregon Legislature Adjourns; Lobbying Reform Bill Dies
The Oregon Legislature adjourned July 7, three days before its July 10 constitutional deadline. In the final days of the session, lawmakers passed a $5.3 billion package of taxes and fees to fund transportation upgrades and another bill to reduce […]
The Oregon Legislature adjourned July 7, three days before its July 10 constitutional deadline.
In the final days of the session, lawmakers passed a $5.3 billion package of taxes and fees to fund transportation upgrades and another bill to reduce state spending by $200 million over the next two years.
However, lawmakers failed to pass lobbying reforms introduced at the request of Gov. Kate Brown. Following a flurry of last-minute activity in the House to pass Senate Bill 43, a bill to modify Oregon’s lobbyist registration and reporting requirements, the Senate opted to let the bill die.
July 6, 2017 •
Oregon House to Consider Lobbying Reform Bill
Senate Bill 43, a bill to modify Oregon’s lobbyist registration and reporting requirements, is set for its third reading in the House on July 6. The bill clarifies certain public officials and persons who provide professional services to entities meeting […]
Senate Bill 43, a bill to modify Oregon’s lobbyist registration and reporting requirements, is set for its third reading in the House on July 6.
The bill clarifies certain public officials and persons who provide professional services to entities meeting specified criteria are not exempt from lobbyist registration and reporting requirements. Senate Bill 43 expands current lobbyist exemptions to additionally include elected public officials, certain representatives supervising an entity’s lobbying activities, and individuals who meet with legislative members in a personal capacity.
The measure expands the information a lobbyist must include on a registration statement. The registration must name each political committee the lobbyist advises or controls, each political committee for a candidate or elected official the lobbyist-controlled political committee made political campaign contributions to, and an acknowledgement the lobbyist has read and understands laws and administrative rules governing lobbyists.
Senate Bill 43 requires lobbyist reporting statements to include identification of each topic and each measure lobbied on and will require statements to be filed monthly during the legislative session. The bill also requires the Oregon Government Ethics Commission to conduct random audits of lobbyist reporting statements. The effective date for changes to lobbyist reporting statements is April 1, 2018.
The bill declares an emergency, meaning most provisions will become effective upon passage. Senate Bill 43 was introduced at the request of Gov. Kate Brown and she is expected to sign the legislation if passed by the July 10 constitutional adjournment date.
June 23, 2017 •
NYCU Video Digest – June 22, 2017
Becky Campbell is here covering the state government and ethics news from around the country in this week’s video digest!
Becky Campbell is here covering the state government and ethics news from around the country in this week’s video digest!
June 23, 2017 •
News You Can Use Digest – June 23, 2017
National: As Pot Comes Out of the Black Market, Regulators Face Scrutiny Boston Herald; Associated Press – | Published: 6/21/2017 Recent cases in Colorado and Washington are the first known instances of current or former marijuana regulators being accused […]
National:
As Pot Comes Out of the Black Market, Regulators Face Scrutiny
Boston Herald; Associated Press – | Published: 6/21/2017
Recent cases in Colorado and Washington are the first known instances of current or former marijuana regulators being accused of having improper dealings with the industry. The two recreational marijuana states are the nation’s oldest, approving legal weed in defiance of federal law in 2012. Watchdogs say the Colorado and Washington cases should spur states to beef up ethics commissions charged with monitoring conflicts-of-interest by government employees. Michigan, a medical-marijuana state, passed a 2016 law banning even relatives of its pot oversight board members from having any financial stake in the marijuana industry.
The Not-So-Bitter Rivalry of Dean Baquet and Marty Baron
Politico – Joe Pompeo | Published: 6/19/2017
The Washington Post’s Marty Baron and Dean Baquet of The New York Times are the two most important newspaper editors in America right now, at a time when the news media are tackling the most consequential story of the past 40 years. Donald Trump’s presidency has revved up the competition for news organizations far and wide; big and small; print, broadcast, and digital. In the process, he has sparked a resurgence of storied legacy outlets like The Times and The Post, each of which has struggled with changes in the news business while doomsayers augured its demise. As with the rest of the media, their “Trump bump” has been a boon in terms of scoops and subscribers.
Federal:
Despite Concerns About Blackmail, Flynn Heard C.I.A. Secrets
New York Times – Matt Apuzzo, Matthew Rosenberg, and Adam Goldman | Published: 6/20/2017
Senior U.S. intelligence officials knew as early as January that former national security adviser Michael Flynn could have been vulnerable to Russian blackmail. Despite officials’ knowledge of the risks associated with Flynn, he continued to sit in on meetings during which President Trump was briefed on sensitive intelligence. It is unclear whether CIA Director Mike Pompeo, who briefed Trump on intelligence while Flynn sat nearby, was aware of officials’ concerns about Flynn. Many of Trump’s political problems, including the appointment of a special counsel and the controversy over the firing of the FBI director, James Comey, can ultimately be traced to Flynn’s stormy tenure.
Trump Says He Did Not Tape Comey Conversations
New York Times – Mark Lander | Published: 6/22/2017
President Trump said he did not record his conversations with James Comey. the FBI director he fired amid the Justice Department’s probe into the Trump campaign’s possible ties to Russia. The president’s Twitter messages left open the possibility the conversations may have been taped without his knowledge. But they largely confirmed the suspicions of outsiders that Trump had been leveling a baseless threat at Comey when he wrote, “James Comey better hope that there are no ‘tapes’ of our conversations before he starts leaking to the press!” Some legal experts have said Trump’s threat could be used in an obstruction of justice case against him, since it could be interpreted as putting pressure on Comey not to discuss their conversations about the FBI’s Russia investigation.
From the States and Municipalities:
Arizona: Axiom Partners Rename Lobbying Firm as Bribery Case Unfolds
Arizona Republic – Ronald Hansen | Published: 6/21/2017
A month after a federal bribery case shook Arizona’s lobbying community, the firm whose prominent exe features the same staff as Axiom Public Affairs, without lobbyist Jim Norton, said Kelsey Lundy, the firm’s managing partner. Once viewed as among the most politically connected lobbying firms in Arizona, Axiom’s run came crashing down after Norton’s may indictment in a case alleging he was a conduit for bribes paid by developer George Johnson to former Arizona Corporation Commissioner Gary Pierce through his wife.
California: Lobbying Firm Fined $4,000 for Violating Gift Limit Buying Dinner for Former State Sen. Ronald Calderon
Los Angeles Times – Patrick McGreevy | Published: 6/19/2017
Mercury Public Affairs agreed to pay a $4,000 fine for violating the $10 gift limit on lobbying firms when it provided dinners worth $200 to former state Sen. Ronald Calderon and his wife. The violation was found by a random audit by the state Franchise Tax Board. In October, Calderon was sentenced to 42 months in federal prison after he pleaded guilty in a public corruption case unrelated to the Mercury dinner.
Connecticut: Lobbyists, Corporate PACs Help Legislator Pay for His Travels as RNC Member
Hartford Courant – Jon Lender | Published: 6/17/2017
State Rep. John Frey travels all over the country for meetings he attends as one of Connecticut’s two members of the Republican National Committee (RNC). But Frey does not pay for any it – flights, dining, hotel rooms, and sometimes car service to and from the airport – because his costs are reimbursed by a political action committee he set up six years ago called Leadership Connecticut PAC. Its stated purpose is to support federal candidates for the U.S. House and Senate, but its main activities, arguably, have been to stage the annual fundraisers to sustain itself and to pay for the travels of Frey and Patricia Longo, his fellow RNC member until she retired last year.
Florida: The Miami Beach Mystery PAC Is Under State Investigation
Miami Herald – Nicholas Nehamas, Joey Flechas, and David Ovalle | Published: 6/20/2017
A corruption probe is underway into a controversial political group linked to Miami Beach commissioner and mayoral candidate Michael Grieco. At least one donor to the PAC has been subpoenaed by the Miami-Dade state attorney’s office, according to a defense attorney representing the donor. The list of donors to People for Better Leaders is stocked with Miami Beach vendors, lobbyists, and developers with business before the city. Investigators with the state’s corruption task force may be seeking to learn if those donations were a quid pro quo for Grieco’s political favor. Grieco may also have broken a city law that bans candidates and elected officials from asking vendors and lobbyists for donations, either directly or through a third-party.
Hawaii: What Honolulu Lobbyists Don’t Tell You
Honolulu Civil Beat – Anita Hofschneider | Published: 6/19/2017
Honolulu does not require lobbyists to provide any details about how they spend money. About 85 percent of the lobbyists who filed reports said they did not spend anything last year. Nearly three dozen registered lobbyists did not submit any reports, even though mandatory forms were due six months ago. Jan Yamane, who took over the city Ethics Commission last fall, said the current lobbying disclosure process is not working. “We need to debrief this thing, hit the reset button and completely overhaul this process,” Yamane said.
Illinois: Emanuel Friend, Alderman’s Husband Both Illegally Lobbied Mayor Via His Personal Email: Ethics board
Chicago Tribune – Bill Ruthhart | Published: 6/16/2017
A close friend of Chicago Mayor Rahm Emanuel, as well as the husband of a city council member, face fines for lobbying the mayor through his private emails but failing to register as lobbyists. Alan King, husband of Ald. Sophia King, and James Abrams are the latest targets of the reinvigorated city Board of Ethics. Under the law, Abrams could face a potential fine of more than $520,000. King could face a fine of more than $500,000. Board of Ethics Chairperson William Conlon has signaled the board is unlikely to hand out exorbitant maximum penalties. But Conlon argued the fine needs to be “enough to send a message.”
Kentucky: Ethics Panel Appeals Ruling That Allows Lobbyists to Give Gifts, Money to Lawmakers
Lexington Herald-Leader – Jack Brammer | Published: 6/21/2017
The Kentucky Legislative Ethics Commission will appeal a recent federal court ruling that allows lobbyists to give gifts and campaign donations to state lawmakers. “We thought it too important not to appeal,” said commission Chairperson George Troutman. A lawsuit filed by State Sen. John Schickel and two Libertarian political candidates argued the ethics laws violate their constitutional rights to free speech and equal protection by restricting their access to people who want to help them. State regulators countered that the laws were meant to prevent bribery at the Capitol. The Registry of Election Finance, the other defendant in the case, has yet to decide whether to appeal.
Kentucky: Fired Lawyer to Get Settlement from Kentucky Over Her ‘Whistleblower’ Case About Sex Toys
Louisville Courier-Journal – Deborah Yetter | Published: 6/15/2017
Jacqueline Heyman, a former lawyer with the Kentucky Public Protection Cabinet, reached a financial settlement with the state over her claim she was fired in 2015 after reporting two co-workers were running a “sex toy” business out of the office. Heyman began work as a supervising attorney with the department in April 2015. She was fired before she could successfully complete a six-month probation period and gain merit system job protection. Heyman said she discovered the extent of the online, adult product business when she found a box of such items under the desk of one of the employees. Heyman said she got little reaction after she reported it to her boss so she told the Executive Branch Ethics Commission. A week later, Heyman said she was fired with no explanation.
New York: New York Ethics Agency Hit with Harassment Lawsuit
Albany Times Union – Chris Bragg | Published: 6/20/2017
A former financial auditor at the New York Joint Commission on Public Ethics alleges she was fired after reporting sexual discrimination by one of her supervisors to the agency’s leadership. Catherine Webb outlined her accusation in a recent civil lawsuit she filed against the commission in federal court. Webb alleges she was repeatedly subjected to abusive verbal conduct that was “severe, pervasive and frequent.”
North Carolina: Is North Carolina the Future of American Politics?
New York Times – Jason Zengerle | Published: 6/20/2017
Ever since 2010, when Republicans seized control of the North Carolina General Assembly for the first time in a century, and especially since 2012, when they took the governor’s mansion, the state’s politics have been haywire. “It’s more polarized and more acrimonious than I’ve ever seen,” said Carter Wrenn, a veteran GOP political consultant. “And I’ve seen some pretty acrimonious politics – I worked for Jesse Helms.”
Wisconsin: Supreme Court to Hear Potentially Landmark Case on Partisan Gerrymandering
Washington Post – Robert Barnes | Published: 6/19/2017
The U.S. Supreme Court will consider whether judges can throw out legislative maps as being so partisan they violate the Constitution, taking up a case that could put a powerful new check on gerrymandering. The justices agreed to hear arguments on a Wisconsin map that a lower court said was designed to keep Republicans in control of the state Legislature even if they did not win a majority of the votes. The Supreme Court has never struck down a legislative map as being too partisan, or told challengers what standard they have to meet to win a lawsuit. The case, which the court will hear in the nine-month term that starts in October, could open the way for a new wave of election litigation.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
June 16, 2017 •
NYCU Video Digest – June 16, 2017
Becky is back with State Government and Ethics News You Can Use from around the country in this week’s video digest!
Becky is back with State Government and Ethics News You Can Use from around the country in this week’s video digest!
June 16, 2017 •
News You Can Use Digest – June 16, 2017
Federal: After the Shootings, Calls for Unity Amid Recriminations and Finger-Pointing Washington Post – Dan Balz | Published: 6/14/2017 From President Trump to congressional leaders of both parties to ordinary citizens came calls for prayers for the victims of the […]
Federal:
After the Shootings, Calls for Unity Amid Recriminations and Finger-Pointing
Washington Post – Dan Balz | Published: 6/14/2017
From President Trump to congressional leaders of both parties to ordinary citizens came calls for prayers for the victims of the shootings that left House Majority Whip Steve Scalise and four others wounded, praise for the Capitol Police officers who prevented an even worse tragedy and, above all, words of reconciliation and unity. But barely on the edges of those remarks was another round of recriminations and a renewed debate about what has brought the country to a point of such division, what is to blame for what happened on that baseball field, and what, if anything, can be done to lower temperatures for more than a few minutes.
D.C. and Maryland Sue President Trump, Alleging Breach of Constitutional Oath
Washington Post – Aaron Davis | Published: 6/12/2017
The attorneys general of Maryland and the District of Columbia filed a lawsuit alleging foreign payments to President Trump’s businesses violated the U.S. Constitution. Trump already faces a similar lawsuit, but the case from two state attorneys general could stand a better chance in court as the first government action over allegations Trump violated the Constitution’s so-called emoluments clause, which bars him from accepting gifts from foreign governments without congressional approval, by maintaining ownership over his business empire despite ceding day-to-day control to his sons. The complaint opens uncharted legal territory. No state has accused a president of violating the emoluments clauses of the Constitution.
Lobbyists’ Foreign Agent Filing Raises Questions
BuzzFeed.com – John Hudson | Published: 6/12/2017
Mercury Public Affairs – which was recently forced, alongside former Trump campaign manager Paul Manafort, to disclose lobbying on behalf of political interests in Ukraine – filed a disclosure in February on behalf of the Libertas Foundation. The filing lists a contract for $15,000 a month for work related to “Romania, Bulgaria, Macedonia, Serbia and Greece.” But the filing does not list a foreign agent, one of the key purposes of a Foreign Agents Registration Act disclosure. In the form’s entry for “Name of Foreign Principal” the filing only lists Libertas, which was incorporated in August, just one day before Mercury filed documents with Congress declaring the lobbying work. Normally that space would be filled by the name of a foreign government or entity, not a New York-based organization.
Special Counsel Starts Investigating Trump for Possible Obstruction of Justice, Officials Say
Washington Post – Devlin Barrett, Adam Entous, Ellen Nakashima, and Sari Horwitz | Published: 6/14/2017
What started as a probe of Russian interference of the 2016 election turned into a special counsel-led investigation of whether associated of Donald Trump colluded with Russia. Now the inquiry is reportedly examining whether Trump himself tried to obstruct justice. It was reported that the investigation led by special counsel Robert Mueller is seeking interviews with current and recently resigned top intelligence officials, including Director of National Intelligence Dan Coats and National Security Agency head Mike Rogers. Questions have been raised about whether Trump sought their help in squelching the FBI investigation led by James Comey, whom Trump fired. Coats and Rogers declined to answer questions about their interactions with the president on the Russia subject during a recent Senate hearing.
From the States and Municipalities:
Arizona – What Happens When One of Your Financial Backers Is Indicted?
Arizona Republic – Ronald Hanson and Yvonne Wingett Sanchez | Published: 6/9/2017
The recent indictment of four political figures has forced an unwelcome decision on the numerous elected officials in Arizona they have lavished with campaign contributions over the years: what to do with the cash? So far their responses vary. Gov. Doug Ducey plans to keep nearly $14,000 in donations from those charged in the federal indictment alleging bribery intended to influence the Arizona Corporation Commission. Even as the governor sees no reason to distance himself from the situation, other elected officials said they plan to unload the money to avoid any “taint” from the felony case.
Florida – It’s the End for the Miami Beach Mystery PAC – a Political Whodunit
Miami Herald – Nicholas Nehamas and Joey Flechas | Published: 6/10/2017
A political committee raising funds from special interests will shut down and return its money to donors after being linked to Miami Beach Commissioner Michael Grieco. Since January, Grieco, a candidate for mayor, has offered shifting stories to explain his connection to People for Better Leaders, a PAC that raised $200,000 from local vendors, lobbyists, and developers. Raising special-interest money for PACs is a controversial, and potentially illegal, campaign tactic in Miami Beach, which has stricter campaign finance and ethics laws than the rest of Miami-Dade County. A law passed in 2016 prevents candidates and elected officials, and those acting on their behalf, from soliciting vendors and lobbyists to donate to PACs.
Illinois – Ethics Board Finds Two More Lobbying Violations Tied to Emanuel Emails
Chicago Tribune – Bill Ruthhart | Published: 6/13/2017
The Chicago Board of Ethics found two individuals violated the law by seeking to influence City Hall action without registering as a lobbyist. The new violations come as the ethics board has seen a sharp increase in potential cases after a Chicago Tribune report found Mayor Rahm Emanuel’s personal email accounts have served as a private avenue for lobbyists, corporate executives, and campaign donors who sought action from – or access to – the mayor. The board has determined probable cause for at least 12 other possible lobbying violations, and its review of those cases is ongoing. While the ethics board will notify the two violators, it has yet to make a final determination on how much they will be fined.
Michigan – How Bingo Games Led to $500K Fine for Mich. Democratic Party
USA Today – Kathleen Gray (Detroit Free Press) | Published: 6/9/2017
The Michigan Democratic Party agreed to pay a $500,000 fine after the FEC concluded the party under-reported cash contributions at past bingo fundraisers by $4.4 million and violated several campaign finance laws. The party inaccurately reported approximately 12,500 contributions from the game-of-chance fundraisers, which it had operated over nearly 14 years but shut down three years ago. The civil fine is among the largest ever levied by the FEC.
New Mexico – Secretary of State Planning New Campaign Funding Rules
Albuquerque Journal – Dan Boyd | Published: 6/14/2017
New Mexico Secretary of State Maggie Toulouse Oliver is proposing changes to campaign finance reporting rules for candidates and committees designed to provide more detailed and accurate disclosures of political contributions. Toulouse Oliver published proposed rules that address contributions to political committees that both coordinate with candidates and operate independently. Three public hearings on the rules will be held during July at Albuquerque, Las Cruces, and Santa Fe. The draft rules follow in the footsteps of legislation vetoed by Gov. Susana Martinez that would have made more information available about unlimited independent political donations.
New York – Uber Reaches $98K Settlement Over Millions in Unreported Lobbying
Albany Times Union – Chris Bragg | Published: 6/8/2017
Uber was fined $98,000 by the New York State Joint Commission on Public Ethics for underreporting about $6.3 million in lobbying spending. The fine covers activities in 2015 and 2016 when Uber successfully battled New York City Mayor Bill de Blasio’s attempt to limit its service in the city and pushed to expand upstate. The settlement says most of the underreporting was due to an oversight by a compliance firm that Uber used. Uber has been one of the top spenders on lobbying in recent years as it fought to operate across the state.
Ohio – Ohio Lobbyists Fail to Report $55,000 in Legislative Gifts for First 4 Months of 2017
Cleveland Plain Dealer – Jane Morice | Published: 6/7/2017
Lobbyists in Ohio failed to report about $55,000 in gifts, meals, and beverages for lawmakers during the first four months of this year, said a report from the legislative inspector general. The office follows statehouse calendars, social media, reservations, and tips to keep track of lobbying activity and compares it to submitted reports, Inspector General Tony Bledsoe said. All meals and beverages of any cost and all gifts of more than $25 must be reported.
Oklahoma – Oklahoma Ethics Commission Hikes Fee $50 on All Filers
NonDoc.com – William Savage III | Published: 6/8/2017
The Oklahoma Ethics Commission has raised the fees it charges. State party committees, PACs, campaign committees, lobbyists, the principals who hire lobbyists, state agencies, and their legislative liaisons will all pay $50 more for filing annual registrations with the commission. The fee hike will take effect on July 1 and is expected to generate enough to cover the cost of new software.
Pennsylvania – Ex-Pa. Treasurer Pleads Guilty to Lying to the FBI
Philadelphia Inquirer – Angela Couloumbis | Published: 6/9/2017
Former Pennsylvania Treasurer Barbara Hafer pleaded guilty to lying to the FBI about whether an investment adviser funneled hundreds of thousands of dollars to her after she left office. The maximum possible sentence for the felony offense is five years and a $250,000 fine. Federal prosecutors said Hafer denied in 2016 that she received money from asset manager Richard Ireland shortly after her term as treasurer ended in early 2005. In fact, a company tied to him had funneled $675,000 to her new company, Hafer and Associates, between 2005 and 2007, prosecutors said. Hafer is the second ex-state treasurer in three years to plead guilty to federal charges.
Vermont – Scott Calls New Ethics Law a Step to Restore Trust in Government
VTDigger.org – Dan Schwartz | Published: 6/14/2017
Vermont Gov. Phil Scott has signed into law a bill establishing a state ethics commission. The measure creates a five-member panel that reviews cases of unethical behavior. The commission would then have the power to send cases to the state attorney general’s office. The law also requires lawmakers to disclose sources of income above $5,000. Before the bill became law, Vermont was among five states without an ethics commission or code of conduct in state law for public officials.
Wisconsin – Supreme Court Could Tackle Partisan Gerrymandering in Watershed Case
Washington Post – Robert Barnes | Published: 6/11/2017
The U.S. Supreme Court is being asked to uphold a lower court’s finding that the Wisconsin redistricting effort in 2011 was more than just extraordinary, it was unconstitutional. Such a conclusion would mark a watershed moment for the way American elections are conducted. The Supreme Court has regularly tossed out state electoral maps because they have been gerrymandered to reduce the influence of racial minorities by depressing the impact of their votes. But the justices have never found a plan unconstitutional because of partisan gerrymandering – when a majority party draws the state’s electoral districts to give such an advantage to its candidates that it dilutes the votes of those supporting the other party.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
June 14, 2017 •
Wednesday’s Government Relations and Ethics News
Ethics “Jeff Sessions Testifies: Refuses to say whether he spoke to Trump about Comey’s handling of Russia investigation” by Sari Horwitz, Devlin Barrett, and Matt Zapotosky for Washington Post “Religious Liberals Sat Out of Politics for 40 Years. Now They […]
Ethics
“Jeff Sessions Testifies: Refuses to say whether he spoke to Trump about Comey’s handling of Russia investigation” by Sari Horwitz, Devlin Barrett, and Matt Zapotosky for Washington Post
“Religious Liberals Sat Out of Politics for 40 Years. Now They Want in the Game.” by Laurie Goodstein for New York Times
“COVFEFE Act Would Make Social Media a Presidential Record” by Joe Uchill for The Hill
Arizona: “Now Under Indictment, Gary Pierce Was Known for Unpopular Decisions as Utility Regulator” by Ryan Randazzo for Arizona Republic
Florida: “No Charges Filed in Mysterious Autism Charity Case” by Monique Madan for Miami Herald
Montana: “Anger Management but No Jail in Gianforte Body-Slam Saga” by Bobby Caina Calvan and Amy Beth Hanson (Associated Press) for KWWL
Oregon: “Oregon Bill Will Set Public Records Deadlines” by Hillary Borrud for Portland Oregonian
Elections
“Russian Cyber Hacks on U.S. Electoral System Far Wider Than Previously Known” by Michael Riley and Jordan Robertson for Bloomberg.com
Legislative Issues
“Senate Republicans Back Off Proposed Restrictions on Media” by Alexander Bolton for The Hill
South Carolina: “Lack of Guidance from South Carolina Lawmakers on Lieutenant Governor’s Role Clouds Start of 2018 Elections” by Maya Prabhu for Charleston Post and Courier
June 9, 2017 •
News You Can Use Digest – June 9, 2017
National: How Donald Trump Shifted Kids-Cancer Charity Money into His Business Forbes – Dan Alexander | Published: 6/6/2017 The Eric Trump Foundation apparently paid President Donald Trump’s businesses $1.2 million between 2007 and 2015 for expenses related to the foundation’s […]
National:
How Donald Trump Shifted Kids-Cancer Charity Money into His Business
Forbes – Dan Alexander | Published: 6/6/2017
The Eric Trump Foundation apparently paid President Donald Trump’s businesses $1.2 million between 2007 and 2015 for expenses related to the foundation’s annual charity event at the Trump National Golf Club in Westchester County, New York, according to a report in Forbes. Eric Trump said the Trump Organization allowed his nonprofit foundation to use the golf course for free and covered most expenses for the golf tournament. But Forbes found IRS filings indicate otherwise. Forbes reported the Trump National Golf Club charged the Eric Trump Foundation tens, and later hundreds, of thousands of dollars each year for the one-day event, while donors were led to believe a much bigger portion of their money would go directly to the fundraiser’s chosen cause, children’s cancer research.
Federal:
James Comey Testifies: Former FBI director says he helped reveal details of conversations with Trump
Washington Post – Devlin Barrett and Ellen Nakashima | Published: 6/8/2017
Former FBI Director James Comey asserted that President Donald Trump fired him to interfere with his investigation of Russia’s role in the 2016 election and its ties to the Trump campaign. Comey accused the administration of spreading “lies, plain and simple” about him and the FBI in the aftermath of his abrupt firing. Comey also described intense discomfort about one-on-one conversations between him and the president, saying he decided he immediately needed to document the discussions in memos. Comey said he helped reveal details of his private conversations with Trump because he thought doing so would spur the appointment of a special counsel to investigate the administration.
Lobbyists, Industry Lawyers Were Granted Ethics Waivers to Work in Trump Administration
New York Times – Eric Lipton and Danielle Ivory | Published: 6/7/2017
New disclosures offer additional evidence that lobbyists and industry executives who can now shape policies benefitting their former clients and companies have been allowed to work in the Trump administration. The documents were released in response to a demand by the Office of Government Ethics (OGE) for details on how the Trump administration is enforcing the ethics policies. One unexpected outcome was proof the Obama administration, despite a much touted promise to make all of its ethics waivers public, stopped providing them to the OGE. The “revolving door” cases in the Trump administration generally involve individuals who had been retained by for-profit clients, and then took up matters that could benefit these former clients.
Top Intelligence Official Told Associates Trump Asked Him If He Could Intervene with Comey on FBI Russia Probe
Washington Post – Adam Entous | Published: 6/6/2017
The nation’s top intelligence official told associates in March that President Trump asked him if he could intervene with then-FBI Director James Comey to get the bureau to back off its focus on former national security adviser Michael Flynn in its Russia probe. The events involving Director of National Intelligence Daniel Coats show the president went further than just asking intelligence officials to deny publicly the existence of any evidence showing collusion during the 2016 election, as The Washington Post reported in May. The interaction with Coats indicates Trump aimed to enlist top officials to have Comey curtail the FBI’s probe.
From the States and Municipalities:
Alabama – Ethics Commission Declines to Make Site Consultants Register as Lobbyists
AL.com – Mike Cason | Published: 6/7/2017
The Alabama Ethics Commission rejected its staff’s opinion that site consultants for companies considering moving to the state are required under certain circumstances to register as lobbyists under the ethics law. Staff members said the companies who hire the consultants to scout locations and incentive opportunities from local governments would have to register as principals. The commission declined to vote on the recommendation after economic development officials said would hurt their recruiting efforts because companies place a high value on confidentiality when they are considering a new location.
Arizona – Corruption Case Snares Lobbyist at the Center of Arizona Power Politics
Arizona Republic – Yvonne Wingett Sanchez and Dan Nowicki | Published: 5/26/2017
Among the individuals named in a federal indictment was one who has touched almost every corner of Arizona power politics: lobbyist Jim Norton. A familiar figure for years at the Capitol, Norton was among Gov. Doug Ducey’s earliest political backers and a friend since college. His firm helped guide U.S. Rep. Andy Biggs to victory last November. He is also the business community’s leading voice at the statehouse. Prosecutors say Norton was “a conduit” for bribes that water-company owner George Johnson is accused of paying to former Arizona Corporation Commission Chairperson Gary Pierce. Authorities allege the money helped secure commission approval of higher rates for Johnson Utilities.
District of Columbia – D.C. Mayor Bowser Fined $13,000 for Illegal Campaign Contributions
Washington Post – Aaron Davis | Published: 6/7/2017
District of Columbia Mayor Muriel Bowser’s campaign committee was fined $13,000 for taking campaign donations over legal limits during her successful run for office three years ago. Bowser’s campaign kept over $11,000 in illegal contributions from 13 developers, contractors, and Sanford Capital, a landlord her administration has since been slow to fine for more than 1,000 housing-code violations. Some of the developers who contributed more than the legal limit to Bowser in 2014 were the same ones who went on to donate to a PAC that Bowser’s allies set up but later abandoned during her first year in office amid criticism from city council members that it was creating a perception of “pay-to-play” politics.
Florida – Someone Raised $200K from Miami Beach Bigwigs, But No One Will Say Why
Miami Herald – Nicholas Nehamas and Joey Flechas | Published: 6/5/2017
Miami Beach Commissioner Michael Grieco says he does not know a thing about a mysterious South Florida group that raised $200,000 from city bigwigs last year. But interviews with two of those donors suggest the PAC is raising money in his name, and that Grieco, who is running for mayor, solicited at least one contribution. Miami Beach lobbyists, vendors, and real-estate developers all appear on the list of donors to People for Better Leaders, exactly the type of power players whose contributions led to a public outcry during the last election cycle and, ultimately, to stricter campaign finance laws.
Kentucky – Judge Tosses Ethics Rules for Kentucky Lobbyists, Lawmakers
U.S. News & World Report – Adam Beam (Associated Press) | Published: 6/7/2017
A federal judge ruled Kentucky lawmakers can accept gifts from lobbyists and that lobbyists can make campaign contributions to candidates for the Legislature. The state law banning lobbyists giving gifts to lawmakers includes “anything of value,” which U.S. District Court Judge William Bertelsman said was too vague. State regulators said the laws were meant to prevent bribery at the Capitol. Most of the rules were enacted after “Operation BOPTROT,” a 1992 FBI probe that exposed 15 current or former legislators who sold their votes. Officials with the Legislative Ethics Commission and the Registry of Election Finance said they were reviewing the order and were considering an appeal.
Missouri – What You Need to Know about Missouri’s Evolving Campaign Finance Laws
Missouri Times – Travis Zimpfer | Published: 6/6/2017
On June 20, Missouri’s campaign finance laws will once again experience changes for the second time in roughly six months. The Missouri Ethics Commission updated their own primer on the constitutional amendment and how a recent decision by a federal judge that found many provisions of the law unconstitutional affected it. Commission Director James Klahr issued an advisory opinion that political party committees in the House and Senate are not bound to the $25,000 aggregate limit in accordance with the ruling.
North Carolina – US Supreme Court Affirms NC Legislative Districts as Racial Gerrymanders
Raleigh News and Observer – Anne Blythe | Published: 6/5/2017
The U.S. Supreme Court upheld a lower court ruling that struck down 28 state House and Senate districts in North Carolina because they violated the rights of black voters. But the justices rejected the court’s order to redraw the districts and hold a special election. The action by the justices sends the matter back to the lower court, which could order new districts in time for the regular cycle of elections in 2018.
Pennsylvania – A Philly Teacher’s Stunts Draw Interest from The Board of Ethics
Philadelphia Inquirer – Chris Brennan | Published: 6/5/2017
It looks as if George Bezanis, a Central High School social studies teacher who has used a billboard and a banner plane to protest the lack of a new union contract for the Philadelphia Federation of Teachers, will be butting heads with the city Board of Ethics. An attorney for the ethics board told Beznis the billboard and banner plane were “reportable lobbying under the city’s lobbying law.” Bezanis needed to register as a lobbyist, the attorney said in the message, or face a financial penalty.
South Carolina – Firms Named in SC Corruption Probe Have Hundreds of Millions at Stake
The State – Jamie Self and Avery Wilks | Published: 6/4/2017
South Carolina’s largest special interests know the time they spend working the state’s lawmakers at the Capitol is well spent. But was the help they got from one of the state’s most influential political families legal? Indicted Rep. Rick Quinn, whose father operates a political consulting empire, stands accused of voting and lobbying in the Legislature on behalf of special interests that, prosecutors allege, paid him through his direct-mail business and his father’s firm. He also is charged with failing to disclose accepting nearly $4.6 million he received from special interests that lobby the Legislature. The companies that Quinn is charged with illegally helping are big fish in the pool of special interests vying for influence in Columbia.
Tennessee – Record $465,000 Fine Issued Against Jeremy Durham for ‘Egregious’ Campaign Finance Violations
The Tennessean – Dave Boucher and Joel Ebert | Published: 6/7/2017
The Tennessee Registry of Election Finance levied the largest fine it has ever imposed against former state Rep. Jeremy Durham for hundreds of campaign finance law violations. Among the findings in an audit were allegations Durham used campaign funds to improperly buy sunglasses, suits, and spa products, and inappropriately loaned thousands of dollars to his wife, a prominent Republican fundraiser and professional gambler. Registry members occasionally haggled over the individual amounts for each violation, trying to determine how egregious Durham’s actions were while also expressing a desire to use the penalties to prevent future wrongdoing. In total, the registry fined Durham $465,500 for more than 300 violations.
Wisconsin – Critics Deride Secrecy, Limits on Investigations by State Ethics Commission as It Nears 1-Year Mark
Wisconsin State Journal – Mark Sommerhauser | Published: 6/4/2017
Critics say it is difficult to assess the work of Wisconsin’s new ethics commission because much of what it does is kept secret. Current and former commissioners and other observers say they have seen some heartening signs from the six-member panel, which acts as the state’s watchdog of political campaigns and candidates, public officials, and those who seek to influence them. But critics say the commission is handcuffed by legal limits on what it can disclose about its efforts to enforce campaign finance, ethics, and lobbying laws. It also is much more limited than its predecessor, the Government Accountability Board, in its ability to investigate alleged violations of those laws.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
June 2, 2017 •
News You Can Use Digest – June 2, 2017
National: The GOP Inherits What Trump Has Wrought Washington Post – Karen Tumulty and Robert Costa | Published: 5/26/2017 President Trump – and specifically, his character and conduct – now dominate the national political conversation. The dynamic is shaping the contours […]
National:
The GOP Inherits What Trump Has Wrought
Washington Post – Karen Tumulty and Robert Costa | Published: 5/26/2017
President Trump – and specifically, his character and conduct – now dominate the national political conversation. The dynamic is shaping the contours of this year’s special congressional elections and contests for governor, as well as the jockeying ahead the 2018 midterm elections. When U.S. House candidate Greg Gianforte assaulted a reporter who had attempted to ask him a question, many saw not an isolated outburst by an individual, but the obvious, violent result of Trump’s charge that journalists are “the enemy of the people.” Nonetheless, Gianforte won Montana’s special election to fill a safe Republican seat.
Federal:
A Vocal Defender of Ethics Has Fans – and Foes
New York Times – Nicholas Fandos | Published: 5/30/2017
Ethics have been thrust to the forefront in President Trump’s Washington, where his own vast holdings and those of his asset-rich cabinet and advisers from businesses and lobbying firms have raised accusations of conflicts-of-interest. Office of Government Ethics Director Walter Shaub has emerged as one of the few voices from within the government willing to second-guess the president and his advisers. The confrontations have given Shaub, a self-effacing career bureaucrat, the reputation of a fighter. Admiring fans have put his face on T-shirts. He even has a Facebook fan group, with more than 1,000 likes.
Jared Kushner Now a Focus in Russia Investigation
New York Times – Matthew Rosenberg, Mark Mazzetti, and Maggie Haberman | Published: 5/29/2017
Jared Kushner, President Trump’s son-in-law and senior adviser, was looking for a direct line to Vladimir Putin, a search that in mid-December found him in a room with a Russian banker whose financial institution was deeply intertwined with Russian intelligence, and remains under sanction by the U.S. Federal and congressional investigators are now examining what exactly Kushner and the Russian banker, Sergey Gorkov, wanted from each other. The banker is a close associate of Putin, but he has not been known to play a diplomatic role for the Russian leader. That has raised questions about why he was meeting with Kushner at a crucial moment in the presidential transition.
White House Details Ethics Waivers for Ex-Lobbyists and Corporate Lawyers
New York Times – Eric Lipton and Steve Eder | Published: 5/31/2017
The White House disclosed the ethics waivers given to appointees who work for President Trump and Vice President Pence, including four former lobbyists. The waivers exempt the appointees from certain portions of ethics rules aimed at barring potential conflicts-of-interest. Among the high-profile figures who received waivers: White House Chief of Staff Reince Priebus and counselor to the president Kellyanne Conway, who were both permitted to engage with their former employers or clients. The details were made public after a dispute between the White House and the Office of Government Ethics, which had been pushing the Trump administration to stop granting such waivers in secret.
From the States and Municipalities:
Arizona – Arizona Attorney General Investigating Phoenix Law Firm’s Falsified Lobbying Documents
Arizona Republic – Dustin Gardiner and Rob O’Dell | Published: 5/31/2017
The Arizona attorney general’s office is conducting a criminal investigation into a law firm that filed falsified documents with the city of Phoenix. Burch & Cracchiolo violated the city’s lobbying ordinance and filed falsified documents to make it appear it had complied, The Arizona Republic reported in January. The firm later withdrew those documents and said they were prepared by a non-attorney staffer. Although Phoenix did not prosecute anyone at Burch & Cracchiolo for not complying with lobbyist regulations, the issue of falsified documents is a separate legal matter. Filing false documents with a government agency can be a felony offense.
Arizona – Ex-Corporation Commissioner Gary Pierce, Lobbyist Jim Norton Indicted
Arizona Republic – Ryan Randazzo | Published: 5/25/2017
Former Arizona Corporation Commissioner Gary Pierce and Johnson Utilities owner George Johnson were indicted in federal court on bribery, conspiracy, and other charges. The indictment alleges Johnson and Pierce developed an elaborate scheme that paid Pierce over $30,000 and provided employment for his wife, who was also charged. In return, Pierce pushed through a rate increase for Johnson Utilities to pay for a personal tax debt that Johnson owed. Johnson allegedly used a lobbying firm to funnel money to Pierce. He also reportedly offered Pierce and the lobbyist, Jim Norton, “the opportunity to purchase land valued at approximately $350,000.”
Arizona – Phoenix: Tougher rules for paid lobbyists to take effect July 1
Arizona Republic – Dustin Gardiner | Published: 5/31/2017
The Phoenix City Council gave approval to an overhaul of the lobbying ordinance so it can prosecute paid lobbyists who flout rules requiring them to register, list their clients, and disclose gifts to officials. The existing law was adopted more than two decades ago but lacked language that explicitly said the city could prosecute those who do not comply. Under the new rules, which take effect July 1, lobbyists who do not file the required registration or expense-disclosure forms can face sanctions, including fines of up to $2,500, suspension from lobbying, and possible jail time for repeated offenses.
Kentucky – Bevin, Facing Ethics Complaint, Blasts Journalist Over Reporting About His Mansion
Lexington Herald-Leader – Allison Ross (Louisville Courier-Journal) | Published: 5/28/2017
Kentucky Gov. Matt Bevin, facing an ethics complaint about the unusually low purchase price of the mansion he Is living in, took to Twitter to personally attack a journalist who has been reporting about the controversy. Bevin called Louisville Courier-Journal reporter Tom Loftus a “sick man” for allegedly being “caught sneaking” around Bevin’s home and property. The Courier-Journal rejected the claim that Loftus was “caught sneaking” around or that he was removed from the property. At the time Loftus visited the home, Bevin would not say whether he and his family lived there, nor had he responded to requests for details about the $1.6 million sale of the home to Anchorage Place, a limited-liability corporation whose ownership is unknown.
Massachusetts – Former Top Mass. Lawmaker Often Helped His Business, Family
Boston Globe – Andrea Estes | Published: 5/30/2017
Massachusetts Rep. Garrett Bradley has shown a pattern in his 16-year legislative career of taking actions in his official capacity that advanced his business interests, state records and interviews with other officials show. E-mails to and from Bradley show he helped his law firm get millions of dollars in legal work from the state retirement system in 2004, something Bradley’s own legal advisers later warned him against. Bradley also tapped his connections to help his sister and father-in-law get jobs, and two members of the Governor’s Council accused him of using political donations to help his wife get a judgeship. Ethics experts said Bradley’s conduct, at a minimum, looks bad, and some of it raises thorny legal questions.
Missouri – Missouri Pay-to-Play Allegations Heat Up Over New Links Between Lawmaker, Megadonor
Kansas City Star – Jason Hancock | Published: 5/25/2017
The relationship between the Missouri Senate President Ron Richard and an emissary for one of the state’s most prolific political donors is raising eyebrows in the statehouse. Richard has been dogged by “pay-to-play” allegations over a bill he sponsored that would benefit a company owned by Republican donor David Humphreys. Now, new details about Richard’s association with Paul Mouton, widely considered to be Humphreys’ eyes and ears in the Capitol, are rekindling the long-simmering accusations.
New York – Ex-Sterne Agee Executive Admits to N.Y. Pension Fund Bribes
Bloomberg.com – Christian Berthelson | Published: 5/30/2017
A former managing director at broker-dealer Sterne Agee & Leach pleaded guilty to bribing a former portfolio manager at New York state’s retirement fund in exchange for tens of millions of dollars’ worth of business. Deborah Kelley admitted that between 2014 and 2016, she paid bribes including entertainment, travel, and lavish meals to Navnoor Kang, former director of fixed income and head of portfolio strategy at the New York State Common Retirement Fund. She expensed the costs to Sterne Agee, while omitting that the money was spent entertaining Kang.
Pennsylvania – Lack of Gift Ban for Pa.’s Legislators Continues to Miff Critics
Pittsburgh Post-Gazette – Angela Couloumbis (Philadelphia Inquirer) and Karen Langley | Published: 5/28/2017
Critics often cite Pennsylvania as having the weakest gift regulations in the nation. Former legislators say lawmakers resist changes because they enjoy the perks of the job, including being entertained by lobbyists and others with an interest in state government. The gift-ban issue gained traction and urgency after a 2014 scandal that revealed some House members had accepted envelopes stuffed with cash from an undercover informant posing as a lobbyist for law enforcement. Both chambers clamored to change their rules to prohibit cash gifts, but the fervor to pass stronger bans dulled, and the issue got pushed to the legislative back-burner.
Texas – Ethics Reform Not Swept Under Rug, But Not Sweeping Either
Texas Tribune – Jay Root | Published: 6/1/2017
Texas Gov. Greg Abbott praised lawmakers for enacting a “very meaningful” ethics package that broadens transparency on public officials’ outside business dealings, and strips convicted legislators of their offices and retirement benefits. A compromise bill passed by the House and Senate gave Abbott legislative approval on three of the six major ethics bills he championed at the outset of the session. Three other Abbott-backed bills, as well as other ethics measures outside the governor’s reform agenda, died as the Legislature ended its regular session.
Texas – Texas Lawmaker Threatens to Shoot Colleague After Reporting Protesters to ICE
New York Times – Matthew Haag | Published: 5/29/2017
A chaotic scene erupted. on the last day of the legislative session in Texas when demonstrators in the House gallery began chanting in opposition to a new law that bans sanctuary cities. On the floor, Rep. Matt Rinaldi turned to several Democratic lawmakers and told them he had reported the protesters to the U.S. Immigration and Customs Enforcement agency. Rep. César Blanco said Rinaldi told him and others, “We are going to have them deported,” and then used an obscenity. The exchange led to a confrontation among lawmakers, with some pushing and pointing at one another. Rinaldi got into a face-to-face argument with Rep. Poncho Nevárez and threatened to shoot him. Legislators with licenses may carry concealed firearms in the Capitol, but it was not clear if Rinaldi was armed.
Washington – Citizen Watchdog Peppers Washington State with Campaign-Finance Complaints Against Dems
Seattle Times – Joseph O’Sullivan | Published: 5/30/2017
From his home office in Tenino, a small town about 15 miles south of Olympia – and the occasional coffee shop – Glen Morgan has launched a volley of campaign finance complaints against Democratic candidates and groups. As of May 23, the attorney general’s office has recorded 79 complaints for this year; Morgan filed 75 of those. Morgan argues his efforts keep government honest and highlight quirks in Washington’s disclosure laws he believes need changing.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
May 31, 2017 •
Wednesday’s Government Relations and Ethics News
Lobbying “White House Backs Down on Keeping Ethics Waivers Secret” by Eric Lipton for New York Times Pennsylvania: “Lack of Gift Ban for Pa.’s Legislators Continues to Miff Critics” by Angela Couloumbis (Philadelphia Inquirer) and Karen Langley for Pittsburgh Post-Gazette […]
Lobbying
“White House Backs Down on Keeping Ethics Waivers Secret” by Eric Lipton for New York Times
Pennsylvania: “Lack of Gift Ban for Pa.’s Legislators Continues to Miff Critics” by Angela Couloumbis (Philadelphia Inquirer) and Karen Langley for Pittsburgh Post-Gazette
Campaign Finance
Arizona: “Court: Former Attorney General Tom Horne’s rights violated in campaign case” by Yvonne Wingett Sanchez for Arizona Republic
Missouri: “Candidate Spending Gets Little Scrutiny under Missouri Ethics Laws” by Ellen Cagle for Southeast Missourian
Washington: “Citizen Watchdog Peppers Washington State with Campaign-Finance Complaints Against Dems” by Joseph O’Sullivan for Seattle Times
Ethics
“A Constitutional Puzzle: Can the president be indicted?” by Adam Liptak for New York Times
“Congress Expands Russia Investigation to Include Trump’s Personal Attorney” by Brian Ross and Matthew Mosk for ABC News
“How Michael Flynn May Have Run Afoul of the Law” by Charlie Savage for New York Times
Kentucky: “Bevin, Facing Ethics Complaint, Blasts Journalist Over Reporting About His Mansion” by Allison Ross (Louisville Courier-Journal) for Lexington Herald-Leader
Michigan: “Lawyer Is 7th Person Charged in Macomb County Corruption Probe” by Tresa Baldas for Detroit Free Press
Legislative Issues
Texas: “Texas Lawmaker Threatens to Shoot Colleague After Reporting Protesters to ICE” by Matthew Haag for New York Times
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.