Mayor Corey A. Booker has signed a new pay-to-play ordinance into law, specifically aimed at city redevelopers. The new ordinance bars redevelopers from contracting with the city if a contribution, or pledge of a contribution, over $300 has been made one year prior to the contract.

Redeveloper is defined to mean any person or entity entering into a contract with the city, or with another redeveloper, for the rehabilitation of any area in the city. The definition includes those with a 10-percent or greater ownership in the entity, partners, officers, subsidiaries, and spouses and adult children living at home.

Any group of individuals from the contracting entity cannot contribute in the aggregate in excess of $3,000. Contribution and disclosure requirements will also be required from lobbyists, professionals, and consultants working for a redeveloper if his or her work relates to the subject contract. A redeveloper who violates the ordinance is barred from future redevelopment agreements for four calendar years.

The ordinance takes effect June 2nd.

Photo of Newark at night by Jamaalcobbs at en.wikipedia.

Federal
Colbert at the FEC? Really

National
Fox Parent Company to Disclose Political Giving

From the States:

Arizona
Fiesta Bowl Seeks Repayment for Political Contributions

Illinois
Emanuel Jumps into Work, Signs Six Executive Orders

Maryland
Johnson, Ex-County Executive in Prince George’s, Pleads Guilty to Taking Bribes

Minnesota
Court Lets Minnesota Corporate Disclosure Law Stand

Tennessee
Four Named to State Ethics Commission

Virginia
Virginia Ethics Rules Questioned in Wake of Federal Case

Wisconsin
Officials Dismiss Ethics Complaints Over Anti-Union Bill

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

Jim Sedor is editor of News You Can Use.

Governor Lincoln Chafee has sent letters to the directors of Rhode Island’s 17 quasi-public agencies requesting, among other things, they terminate non-critical contracts with lobbyists. He is also requesting any procurement activities by these agencies be open and transparent, instructing the agencies to post all procurement rules and regulations applicable to each agency’s contract practices on a public website.

Governor Chafee indicates the purpose of the letters is to help find cost reductions that are available through increased efficiency and productivity, stating, “Under my appointment authority I take very seriously the responsibility of placing highly qualified individuals who strive to ensure value in the services provided by our quasi-public agencies.”

Some of the quasi-public agencies include the Rhode Island Industrial-Recreational Building Authority, the Rhode Island Airport Corporation, and the Rhode Island Health and Educational Building Corporation.

The three reissued executive orders include a ban on political contributions to the mayor from the owners of companies that do business with the city, an order requiring city employees to comply with hiring oversight rules, and an order reaffirming that it is the duty of every city employee to report wrongdoing to the inspector general.

The first new executive order prohibits new appointees from lobbying city government for two years after leaving the administration, bars lower level employees from lobbying the departments or agencies in which they work, and bars appointees to boards and commissions from lobbying the board or commission on which they sit.

The second new executive order protects city employees from being pressured to give gifts or make political contributions to their superiors.

The third new executive order prohibits city lobbyists from making political contributions to the mayor.

The West Virginia Ethics Commission has concluded it cannot prevent an employee of the Legislature from avoiding the state’s newly passed “revolving door” ban if he changes his status from an employee to an independent contractor before the law takes effect on July 1, 2011.

Under the pending law, elected officials and certain high-ranking unelected employees will be forbidden from acting as lobbyists for one year after leaving public employment. The commission decided this law does not include independent contractors.

This decision comes after a request for an opinion by legislative counsel Donnie Adkins. The commission said it “is troubled” by the proposed maneuver but would be unable to bring him within the revolving door ban as an independent contractor.

The West Virginia Ethics Commission offers the opinion on their website.

Here is the Charleston Gazette’s coverage in the story, “Ethics loophole a cause of concern” by Phil Kabler.

RHODE ISLAND: The Providence Lobbying Disclosure Ordinance, which was to take effect May 16, will now take effect July 1. The City Council’s Committee on Finance amended the March 11 ordinance extending the time to begin the implementation of the regulations. The new ordinance requires lobbyist registration, reporting, ID badges, and penalties.

This report refers to the March 23 Lobby Comply post “Providence Creates Lobbying Registration Law” by George Ticoras.

Photo of the Providence, R.I. skyline by boliyou on Wikipedia.

The office of the Secretary of State has released an amended version of the Rules Concerning Lobbyist Regulation, 8 CCR 1505-8. The newly amended rules now include an expanded definition of the term “bona fide personal emergency” to be used in conjunction with determining whether a professional lobbyist or lobbyist firm will be granted a waiver or reduction of an imposed fine, as well as provisions for the suspension, revocation, or other action concerning a lobbyist’s certificate of registration.

The amended rules also include additional guidance to be used by a professional lobbyist for a not-for-profit organization seeking a waiver of the filing fee for the professional lobbyist registration statement.

Finally, amendments were made concerning electronic filing of registration and disclosure statements, noting any statement presented for manual filing with the Secretary of State will not be accepted, but a computer terminal will now be made available in the main office to allow lobbyists to electronically file.

A report released by the Government Accountability Office reveals disclosure reporting terminology and reporting requirements are a challenge for some lobbyists. The 2010 Lobbying Disclosure Observations on Lobbyists’ Compliance with Disclosure Requirements also found some lobbyists lacked clarity in determining what constitutes a lobbying activity versus a non-lobbying activity. Generally, however, the findings in the report, which were substantially the same as prior reports, show lobbyists as a whole complying with disclosure and reporting requirements.

The GAO is required by law to prepare reports determining the efficacy of lobbying compliance and reporting, and identify any challenges to compliance. This is their fourth report.

Q: I am a registered lobbyist.  Can a company executive and/or expert accompany me to meetings with public officials without needing to register?

A:  In most instances, individuals are not “insulated” from registration by engaging in lobbying activities in the presence of a registered lobbyist.  California is an example of an exception to this rule.  In California, an individual does not engage in direct communication when he meets or speaks with a qualifying official in the company of a registered lobbyist retained by the individual’s employer, or by a bona fide trade association or membership organization of which the individual’s employer is a member.

The answer will to depend on the jurisdiction’s registration thresholds. Often times, executives and experts will not have to register because their involvement will not meet the compensation, time, or expenditure threshold in the given jurisdiction.  For example, in Connecticut, the expert would have to receive $2,000 in compensation in a calendar year before having to register.  A one-time meeting with public officials would probably not exceed this threshold.  Likewise, in Massachusetts, there is a statutory presumption that an individual is not a lobbyist if he spends 25 hours or less and receives less than $2,500 for lobbying efforts during any semi-annual reporting period.

The context and content of the conversation are also important in determining whether registration is required.  If the executive and/or expert are merely providing testimony at a public hearing, most often this will not be considered lobbying and he will not be required to register.  In some cases, as in Arizona, there are exceptions for individuals providing technical information to public officials.

It is always important to remember the “title” of the person is not relevant in determining whether he or she needs to register as a lobbyist in any given jurisdiction.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.

This law, taking effect on July 1, 2011, requires lobbyist registration and reporting only with the legislative branch.

Lobbyists will indicate on this registration whether they will also engage in lobbying executive officials.

Employer reports will still be due each July 31^st.

Photo of Governor Branstad courtesy of the official website for the Office of the Governor.

House File 126 has passed both houses of the Iowa Legislature and now awaits approval from Governor Terry Branstad.

This bill would change the state’s law to require lobbyists to register and report with the legislative branch only; currently there is separate registration and reporting for the legislative and executive branches.

Lobbyists would indicate on the registrations whether they will lobby executive officials in addition to lawmakers. Lobbyists would have a combined annual report due each July 31st and registration would open in December for the following calendar year.

Tennessee Governor Bill Haslam has signed into law Senate Bill 1227, which revises the filing dates for lobbyist employer disclosure reports.

The bill requires that employer disclosure reports be filed within 45 days of June 30 and December 31.

The new law takes effect July 1, 2011, with the first employer disclosure report under the new law covering the time period from April 1, 2011 to December 31, 2011 having a filing deadline of February 14, 2012.

Photo of Governor Bill Haslam courtesy of the Tennessee Governor’s website.

This week our Highlighted Site of the Week is Women in Government Relations (WGR). The site was referred to me by Rebecca South, who is a Federal Compliance Associate at State and Federal Communications. Rebecca has been a member of Women in Government Relations  for seven years.

The group is doing amazing work that deserves attention. Spend some time on the their website and you’ll see how active they are. The group was founded in 1975 and boasts a membership of over 750 women and men from many places in the profession. According to the site, there are 65 U.S. Representatives and seven U.S. Senators who are WGR Emeritus members.

The organization’s goal: “WGR is committed to the advancement and empowerment of women at all career levels of government relations. By offering leadership opportunities, mentoring, partnerships, networking and educational programming, WGR cultivates our members’ personal and professional growth.”

Women in Government Relations offers programs and workshops, as well as a mentoring program and professional internships. They also have a WGR Toastmasters group where members are given the opportunity to improve their public speaking skills. Their website has a career center where job seekers can meet employers online.

The WGR calendar is full with their Signature Events like the Charity Golf Tournament, the Emeritus Member Tea, the Charity Scavenger Hunt (sending members all over Washington, D.C. looking for clues), the Spring Gala, and much more!

Another great resource for members is the WGR Task Forces and Working Groups: “In addition to annual events, WGR hosts regular briefings, roundtables, and panel discussions as well as brown bag luncheons with policymakers and other government affairs professionals.”

WGR’s website is rich with information, but if you want the latest news, I suggest connecting with them via social media. You can find their Facebook here and you can join their LinkedIn Group here.

House Bill 3653, a bill concerning lobbyist registration fees, was brought before the House Appropriations Committee on Monday, April 18, 2011, as the bill moves closer to a vote before the full House.

The bill would provide for lobbyist registration fees of up to $1,000; however, lobbyist registration fees of up to $200 would be assessed if the lobbyist is employed by a 501(c)(3) or 501(c)(4) organization.

If passed, the bill provides for an effective date of September 1, 2011.

Photo of the Texas State Capitol by LoneStarMike on Wikipedia.