September 26, 2017 • Written by Jim Sedor

Tuesday’s Government and Ethics News Roundup

Lobbying “Skadden, Big New York Law Firm, Faces Questions on Work with Manafort” by Kenneth Vogel and Andrew Kramer for New York Times Arizona: “116 Arizona Lobbyists Could Face Attorney General Investigation” by Alia Beard Rau for Arizona Republic Maryland: […]

September 25, 2017 • Written by Jim Sedor

Monday’s Government and Ethics News Roundup

Campaign Finance Connecticut: SEEC asks Malloy to keep campaign finance law out of future budget negotiations by Mike Savino for Record-Journal Pennsylvania: Former candidate hopefuls face action from revamped Pittsburgh ethics board by Chris Potter for Pittsburgh Post-Gazette Elections Trump […]

September 22, 2017 • Written by Jim Sedor

News You Can Use Digest – September 22, 2017

National: Request Denied: States try to block access to public records San Jose Mercury News – Andrew DeMillo and Ryan Foley (Associated Press) | Published: 9/17/2017 State lawmakers across the country introduced and debated dozens of bills during this year’s […]

National:

Request Denied: States try to block access to public records
San Jose Mercury News – Andrew DeMillo and Ryan Foley (Associated Press) | Published: 9/17/2017

State lawmakers across the country introduced and debated dozens of bills during this year’s legislative sessions that would close or limit public access to a wide range of government records and meetings. Most of those proposals did not become law, but freedom-of-information advocates in some states said they were struck by the number of bills they believed would harm the public interest, and they are bracing for more fights next year.

Federal:

Government Ethics Office Says It Will Stick with Ban on Anonymous Gifts
Politico – Darren Samuelsohn | Published: 9/15/2017

David Apol, the acting director of the Office of Government Ethics, said the agency is sticking with its long-standing stance prohibiting anonymous donations to White House legal defense funds, despite recently putting forward language that appeared to undercut that position. The OGE has been under fire in the wake of a report detailing a potentially critical change to the agency’s official guidance document that the OGE’s recently departed director said could give a green light to President Trump’s aides to accept anonymous donations to pay their attorney bills. But Apol said there has been no change, and he has been giving advice to outside groups that are coming forward to set up legal defense funds for Trump aides as the Russia probe intensifies that they should have their donors disclose their identities.

Trump Lawyers Clash Over How Much to Cooperate with Russia Inquiry
New York Times – Peter Baker and Kenneth Vogel | Published: 9/17/2017

President Trump’s lawyers are clashing over how much to cooperate with special counsel Robert Mueller. At the heart of the conflict is an issue that has challenged multiple presidents during inquiries: how to handle the demands of investigators without surrendering the institutional prerogatives of the office of the presidency. The debate in the West Wing has pitted Donald McGahn, the White House counsel, against Ty Cobb, a lawyer brought in to manage the response to the investigation. The friction escalated in recent days after Cobb was overheard by a reporter for The New York Times discussing the dispute during a lunchtime conversation at a popular Washington restaurant.

With a Picked Lock and a Threatened Indictment, Mueller’s Inquiry Sets a Tone
New York Times – Sharon LaFraniere, Matt Apuzzo, and Adam Goldman | Published: 9/18/2017

The raid on the home of Paul Manafort, President Trump’s former campaign chairperson, is an example of the aggressive tactics used by special counsel Robert Mueller and his team of prosecutors in the four months since taking over the Justice Department’s investigation into Russia’s attempts to disrupt last year’s election. Dispensing with the plodding pace typical of many white-collar investigations, Mueller’s team has used what some describe as shock-and-awe tactics to intimidate witnesses and potential targets of the inquiry.

From the States and Municipalities:

California
California Passes Bill to Track ‘Dark Money’ in Political Ads and Campaigns
StateScoop – Jason Shueh | Published: 9/18/2017

California lawmakers passed Assembly Bill 249, which its advocates say will spotlight “dark money” fueling political advertising. If signed by Gov. Jerry Brown, the state’s swarms of online ads, mass emails, and other media will be required to reveal the names of previously hidden donors within advertisements. The bill is designed to further state transparency efforts by eliminating common campaign funding tactics that use the names of political committees and groups to camouflage corporations, wealthy individuals, and political organizations.

California
Why Didn’t School Board President Ref Rodriguez Just Write Himself a Big Check?
Los Angeles Times – David Zahniser, Anna Phillips, and Howard Blume | Published: 9/17/2017

Los Angeles school board president Refugio Rodriguez, who won his school board seat in 2015, legally could have poured as much of his own money as he liked into his campaign. So why would he, as prosecutors claim, have arranged for others to donate and then use his funds to illegally pay them back? That question looms large as Rodriguez faces three felony charges in what investigators call a campaign money laundering scheme. Bob Stern, co-author of the California Political Reform Act, said he could not recall another case over the past 40 years of a sitting politician being accused of illegally paying back his own contributors. In campaigns, such violations are typically committed by donors or fundraisers, he said, not the politicians themselves.

Colorado
Big Bucks Flow to Colorado Lobbyist Offices Steps from The Capitol
KUNC – Sandra Fish | Published: 9/13/2017

The nearly 600 lobbyists and lobbying firms in Colorado reported earning a total of $30 million in fiscal year 2017. Nearly half of the total is concentrated among the top 20 firms and individuals. Lobbyists’ busiest time of the year are the four months of the legislative session. Income reported to the secretary of state’s office bears that out. Lobbyist Julie McKenna said the hours are long during the legislative session. The four lobbyists in her firm reported tracking more than 300 bills earlier this year.

Kentucky
Millions Go to Board Members of Lexington’s Farmland Conservation Program
Lexington Herald-Leader – Beth Musgrave | Published: 9/18/2017

Six current or former members of a board that oversees a Fayette County farmland preservation program have received millions of dollars from the program. In total, past and current members of the Rural Land Management Board have received $6.2 million in payments for conservation easements on their farms as part of the Fayette County Purchase of Development Rights program. Farms that are owned or partially owned by three of those former or current board members received more than $1 million each from the program. None of the members were on the board at the time the program purchased conservation easements for their respective farms. But several have rotated on and off the board for years. They received payment for their conservation easements in between stints on the board.

Maryland
Council Candidate Wants to Tie Disaster Relief to Campaign Contributions
Bethesda Magazine – Andrew Metcalf | Published: 9/19/2017

A plan to direct campaign donations to charities could test Montgomery County’s new public financing law. At-large county council candidate Brandy Brooks will hold a fundraiser in which she has promising to donate half of the campaign contributions to help victims of natural disasters. The state election board’s guide for candidates notes they may use campaign funds to attend a charitable event to raise their profile and network with potential voters and donors. The guide, however, says giving campaign funds as charitable donations is not permitted primarily because donors give to a candidate to support their platform and “when campaigns are spent for a non-campaign related purpose, it frustrates the intent of the contributor.”

Michigan
Snyder Approves Unlimited Super PAC Cash
Detroit News – Michael Gerstein | Published: 9/20/2017

Less than 24 hours after the state Senate moved to send two campaign finance bills that expand on the U.S. Supreme Court’s Citizens United ruling, Michigan Gov. Rick Snyder signed the legislation into law. Senate Bill 335 and Senate Bill 336 define and allow for independent expenditure committees like super PACs. Under the new law, candidates could solicit unlimited contributions to super PACs, which could then use the money to support the aspirations of the candidate. The super PACs could not coordinate directly with campaigns but they could share attorneys, consultants, and vendors with candidates they support.

New Mexico
Reform Laws Spurred by Treasurer Scandals Full of Loopholes
Santa Fe New Mexican – Andrew Oxford | Published: 9/16/2017

Federal investigators in 2005 accused then-state Treasurer Robert Vigil of demanding kickbacks from private financial advisers hired by the government to manage New Mexico’s investments. His predecessor, Michael Montoya, pleaded guilty to a similar extortion scheme, saying campaign debt drove him to solicit kickbacks from contractors. FBI agents quoted Montoya as saying kickbacks were merely “the way we do business in New Mexico.” Lawmakers approved reform measures that bar contractors from plying politicians with campaign donations or other gifts while vying for government business. And the changes required contractors to report donations they have made to public officials. But a decade later, those laws are full of loopholes.

New York
How Party Bosses, Not Voters, Pick Politicians in New York
New York Times – Shane Goldmacher | Published: 9/18/2017

For decades, legislative seats in New York have traded hands in what amounts to one of the last, most powerful vestiges of Tammany Hall-style politics in the state. Election laws grant politicians and local political power brokers vast sway in picking candidates when legislators leave office in the middle of their term – whether they retire early, pass away, depart for another job, or are arrested. The rules are a crucial part of what empowers party bosses in a state that regularly outpaces the nation in corruption.

New York
JCOPE Commissioners Again Rule Civil Liberties Group Must Disclose Donors
Albany Times Union – Chris Bragg | Published: 9/19/2017

The Joint Commission on Public Ethics (JCOPE) decided the New York Civil Liberties Union (NYCLU) must disclose donors to its state lobbying efforts. JCOPE has ruled in the past that the NYCLU must reveal its donors, despite arguments from the group that such disclosure could potentially lead to reprisals against people who fund the organization. The NYCLU has received a number of threatening letters, but JCOPE has found there has not been a “substantial likelihood” of harm to donors whose names are listed on the agency’s website in lobbying disclosures.

Oregon
Nepotism Runs Rampant in Oregon Legislature. Here’s How
Portland Oregonian – Gordon Friedman | Published: 9/16/2017

Oregon is one of the few states that allows lawmakers to hire family members; one in four legislators currently pays a family member to be on their staff. Legislators defend the practice, noting it has been something of a time-honored tradition to hire family members. Yet the practice of lawmakers hiring their family members as staff can be problematic. Lawmakers have a fiduciary duty to be good stewards of taxpayer funds, and spending state money on family members can hurt public trust in government, said Hana Callaghan, who runs the government ethics program at Santa Clara University.

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.

September 21, 2017 • Written by Jim Sedor

Thursday’s Government and Ethics News Roundup

Campaign Finance “Trump Using Campaign, RNC Funds to Pay Legal Bills from Russia Probe: Sources” by Karen Freifeld and Ginger Gibson for Reuters Connecticut: “Counterattack at GOP Effort to Repeal Public Financing” by Mark Pazniokas for Connecticut Mirror Maryland: “Council […]

September 20, 2017 • Written by Jonathan Spontarelli

Lobbyist Leaves Firm to Take Seat in Oregon Legislature

Gov. Kate Brown administered the oath of office to the now-former lobbyist for powerful public employee unions SEIU Local 503 and AFSCME Council 75, among other left-leaning groups. Andrea Salinas was appointed by the commissioners of Multnomah and Clackamas Counties […]

September 20, 2017 • Written by Jim Sedor

Wednesday’s Government and Ethics News Roundup

Lobbying Maryland: “Maryland Lobbyist Charged in Bribery Scandal Linked to Prince George’s County Liquor Board” by Scott MacFarlane for WRC Campaign Finance Canada: “Taxpayers Would Give Millions to Political Parties in NDP Plan” by Lindsay Kines and Amy Smart for […]

September 19, 2017 • Written by Jonathan Spontarelli

Tuesday’s Government and Ethics News Roundup

Campaign Finance California: “Why Didn’t School Board President Ref Rodriguez Just Write Himself a Big Check?” by David Zahniser, Anna Phillips, and Howard Blume for Los Angeles Times Santa Fe: “Reform Laws Spurred by Treasurer Scandals Full of Loopholes” by […]

September 18, 2017 • Written by Jonathan Spontarelli

Los Angeles Ethics Commission Looking to Amend Lobbying Ordinances

The Los Angeles Ethics Commission has recommended multiple changes to the Municipal Lobbying Ordinance. These changes include increasing the registration threshold from $2,000 to $5,000; expanding the 501(c)(3) organization exemption; amending and adding definitions regarding lobbying; expanding gift restrictions; revising […]

September 18, 2017 • Written by Jonathan Spontarelli

Monday’s Government and Ethics News Roundup

Campaign Finance California: “L.A. School Board President Faces Felony Charges Over Campaign Contributions” by Anna Phillips, David Zahniser, and Howard Blume for Los Angeles Times Michigan: “Campaign Finance Bills Pass Michigan Senate, Give More Power to Big Donors, Critics Say” […]

September 15, 2017 • Written by Allyson Smith

NYCU Video Digest – September 15, 2017

Jonathan Spontarelli is here to deliver this week’s News You Can Use from the new Washington D.C. branch of State and Federal Communications!

September 15, 2017 • Written by Allyson Smith

Bill Amending Revolving Door for Lobbyists Awaits California Governor’s Signature

A bill further restricting revolving door provisions was sent to Gov. Jerry Brown for consideration. Assembly Bill 1620 would change the current law prohibiting legislators from lobbying from one year to up to three years, depending on when he or […]

September 15, 2017 • Written by Jim Sedor

News You Can Use Digest – September 15, 2017

National: How Anna Nicole Smith’s Billionaire In Laws Secretly Lobbied the Courts Bloomberg.com – Zachary Mider | Published: 9/13/2017 When the heirs of billionaire J. Howard Marshall II, famous for his May-December romance with Playboy centerfold Anna Nicole Smith, went […]

National:

How Anna Nicole Smith’s Billionaire In Laws Secretly Lobbied the Courts
Bloomberg.com – Zachary Mider | Published: 9/13/2017

When the heirs of billionaire J. Howard Marshall II, famous for his May-December romance with Playboy centerfold Anna Nicole Smith, went to court in a $75 million tax dispute, they got help from an unlikely ally: Barber-Scotia College, the nation’s first institution of higher learning for black women. Barber-Scotia’s name, along with those of four other historically black colleges and universities, was on a friend-of-the-court brief submitted to the U.S. Court of Appeals for the Fifth Circuit. The brief was part of a campaign by the Marshall family, orchestrated by a Washington, D.C. consulting firm, to influence two of the nation’s highest courts. The campaign shows how it is possible for well-funded litigants to stack the deck by generating phony friends of the court, or by paying advocates who present themselves as independent but are really lobbyists in disguise.

On Facebook and Twitter, a Hunt for Russia’s Meddling Hand
New York Times – Scott Shane | Published: 9/7/2017

The Russian information attack on the election did not stop with the hacking and leaking of Democratic emails. Far less splashy, and far more difficult to trace, was Russia’s experimentation on Facebook and Twitter, the American companies that essentially invented the tools of social media and, in this case, did not stop them from being turned into engines of deception and propaganda. An investigation reveals some of the mechanisms by which suspected Russian operators used Twitter and Facebook to spread anti-Hillary Clinton messages and promote the hacked material they had leaked. Given the powerful role of social media in political contests, understanding the Russian efforts will be crucial in preventing or blunting similar, or more sophisticated, attacks in upcoming elections.

Federal:

Russian Network RT Must Register as Foreign Agent in US
The Hill – Megan Wilson | Published: 9/12/2017

The company that runs the U.S. version of RT, the Russian state-owned outlet originally known as Russia Today, must register with the Justice Department as a foreign agent, signaling that all of their content would be labeled as propaganda from Moscow. Media organizations have been exempted from the Foreign Agents Registration Act, which is wide-ranging in its disclosure requirements and generally applies to political consultants and those working in lobbying or public relations. It would be a felony if RT is found to have willfully failed to register as a foreign agent, however.

From the States and Municipalities:

Colorado
Denver City Council Approves New Rules Requiring Reports of Dark-Money Spending in Elections
Denver Post – Jon Murray | Published: 9/11/2017

The Denver City Council approved a bill that will require the reporting of at least $1,000 in independent spending by individuals, companies, or other organizations to support candidates or ballot issues. Those independent expenditures include any activity aiming to aid or hurt a candidate, including “electioneering communications” such as mailers, broadcast ads, or other advertising. The initial report to the Denver Elections Division, disclosing all expenses and donors above $25, will be required within two days after cumulative spending reaches $1,000.

Illinois
Weighing Third Term, Emanuel Relies on Campaign Donors Who Get City Hall Benefits
Chicago Tribune – Jeff Coen and Bill Ruthhart | Published: 9/8/2017

As Chicago Mayor Rahm Emanuel ramps up his campaign fundraising toward a possible third term, he continues to rely on donors who have received City Hall benefits, ranging from contracts and zoning approvals to appointments and personal endorsements from the mayor. With the mayoral election still a year and a half away, Emanuel has collected $3.1 million in high-dollar contributions. And more than $2.1 million of it, nearly 70 percent, has come from 83 donors who have benefited from actions at City Hall.

Massachusetts
Pro-Charter School Group Pays State’s Largest Campaign Finance Penalty
Boston Globe – Michael Levenson | Published: 9/11/2017

A group that backed last year’s charter school ballot question in Massachusetts paid $426,466 as part of a campaign finance settlement. The payment by Families for Excellent Schools-Advocacy is the largest civil forfeiture in the history of the Office of Campaign and Political Finance. Investigators say the organization violated the law by raising money from individuals and then contributing that money, more than $15 million, to the Great Schools Massachusetts Ballot Question Committee in a manner intended to disguise the source of the money. The group agreed with the IRS to dissolve itself, and Families for Excellent Schools, its umbrella group, agreed not to fundraise or engage in any election-related activity in Massachusetts for four years.

Minnesota
Scott County Attorney Declines Charges in Dai Thao Bribery-Solicitation Case
St. Paul Pioneer Press – Frederick Melo | Published: 9/12/2017

St. Paul City Councilperson Dai Thao will not face criminal charges over an allegation he attempted to solicit a bribe. The Scott County attorney’s office declined to prosecute the claims made against Thao and his former campaign manager, Angela Marlow. The allegations stemmed from a meeting between Thao, lobbyist Sarah Clarke, and some of Clarke’s clients. Clarke said that Thao told the group during the meeting that he needs “resources to spread his message.” She said it seemed clear he was asking for a bribe.

New Mexico
New Campaign Spending Rules to Take Effect
Albuquerque Journal – Dan Boyd | Published: 9/8/2017

Nonprofit advocacy organizations that spend unlimited amount of money to influence elections in New Mexico will have to disclose the names of contributors under rules adopted by state elections officials. The new requirements are set to go into effect on October 10, in time for 2018 primary and general elections, for so-called dark money groups that spend at least $2,500 on a statewide election or ballot measure. New Mexico Secretary of State Maggie Toulouse Oliver said vague and confusing rules are being cleaned up and the changes will “help shine a light on the dark money that has been plaguing our state’s campaigns.”

New York
Firm Uses Loophole to Secretly Donate $60G to de Blasio Campaign, Lobbying Records Show
New York Daily News – James Fanelli | Published: 9/9/2017

Constantinople & Vallone has a reputation as a powerful lobbying firm that gets its clients access to New York City Hall, but what is not so well known is it has helped steer $60,900 in campaign donations to Mayor Bill de Blasio. A loophole in the city’s campaign finance law has allowed the firm to stay under the radar as a fundraiser for the mayor. The only way to know Constantinople & Vallone has raised so much money for de Blasio is through obscure filings with the city clerk’s lobbying bureau.

Oregon
Legislators Consolidate Power, Cash, in Partially Invisible Cycle of Giving to Each Other
Salem Statesman-Journal – Cooper Green | Published: 9/9/2017

If a candidate passes contributions to another candidate, or to a re-election fund for fellow party members, the public can no longer see the money’s original donor. These transactions are known as pass-throughs. Transactions between Oregon legislators, or between lawmakers and re-election funds, are commonplace and have been for decades. An analysis shows legislative officeholders and candidates have utilized this system of pass-throughs more than 2,800 times in the last three election cycles alone, transferring $18.7 million dollars between themselves. Based on the total amount contributed to legislators during that time, this means more than a quarter of all money involved in legislative campaigns has seen more than one lawmaker as it moves through the system.

Pennsylvania
Elect Them, Then Lobby Them: Two firms blur the worlds of policy and politics in Harrisburg
Philadelphia Inquirer – Angela Couloumbis and Liz Navratil | Published: 9/11/2017

For years, lobbying in Pennsylvania was a secretive business, and more recently attracted scrutiny from federal investigators. A decade-old law strengthened registration and reporting requirements for lobbyists and their clients, but the state still lags behind others in transparency and accountability, according to the National Conference of State Legislatures. Among Harrisburg’s high-powered partnerships, only two have well-established campaign arms that, for the last decade, have dominated the market on both electing and lobbying Republicans who drive public policy.

Tennessee
Lobbyists Courted Lawmakers with Free Food, Baseball Tickets at Conferences
The Tennessean – Joel Ebert | Published: 9/11/2017

Under state law, Tennessee lawmakers can accept gifts like dinner and sports tickets at out-of-state conferences, provided they are related to the conference itself. Lobbyists can even pay for events labeled “state night” for lawmakers. And little disclosure is required, unlike the rules in place for how lobbyists interact with lawmakers at the Capitol. The practice at out-of-state conferences is increasingly widespread, including at conferences this year in Boston and Denver, according to interviews with lobbyists, lawmakers, and legislative staff.

Virginia
Virginia Lawmakers Attend Fewest Lobbyist-Paid Entertainment Events Since McDonnell Case
The Virginian-Pilot – Will Houp | Published: 9/7/2017

Virginia lawmakers continue to shrink away from meals, galas, and other entertainment occasions paid for by lobbyists as they attended less than half such events in 2016 and 2017 as they did three years ago. Data from the Virginia Conflict of Interest and Ethics Advisory Council shows a stark difference in what delegates and senators felt comfortable accepting before and after the corruption charges against former Gov. Bob McDonnell. At the same time, several law changes related to lobbyist entertainment have muddied the water in terms of comparing year to year.

Washington
Seattle Mayor Ed Murray Resigns After Fifth Child Sex-Abuse Allegation
Seattle Times – Jim Brunner, Daniel Beekman, and Lewis Kamb | Published: 9/12/2017

Seattle Mayor Ed Murray, beset over the past five months by sex abuse allegations, resigned his office. His announcement came after The Seattle Times reported that a fifth man, one of his cousins, had accused Murray of molesting him decades ago. Though he has denied all the accusations against him, Murray had already decided not to seek re-election. City Council President Bruce Harrell will temporarily serve as mayor and will decide within five days whether to take on the role of acting mayor past the November 7 election. If he demurs, the council will pick another of its members to serve until the election results are certified.

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.

September 14, 2017 • Written by Jonathan Spontarelli

JCOPE To Have Public Hearing Regarding Proposed Regulations

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 […]

September 14, 2017 • Written by Jim Sedor

Thursday’s Government and Ethics News Roundup

Lobbying “How Anna Nicole Smith’s Billionaire In Laws Secretly Lobbied the Courts” by Zachary Mider for Bloomberg.com “Russian Network RT Must Register as Foreign Agent in US” by Megan Wilson for The Hill Campaign Finance “Trump FEC Pick’s Twitter Goes […]

Tuesday’s Government and Ethics News Roundup

Monday’s Government and Ethics News Roundup

News You Can Use Digest – September 22, 2017

Thursday’s Government and Ethics News Roundup

Lobbyist Leaves Firm to Take Seat in Oregon Legislature

Wednesday’s Government and Ethics News Roundup

Tuesday’s Government and Ethics News Roundup

Los Angeles Ethics Commission Looking to Amend Lobbying Ordinances

Monday’s Government and Ethics News Roundup

NYCU Video Digest – September 15, 2017

Bill Amending Revolving Door for Lobbyists Awaits California Governor’s Signature

News You Can Use Digest – September 15, 2017

JCOPE To Have Public Hearing Regarding Proposed Regulations

Thursday’s Government and Ethics News Roundup

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