New York Governor Andrew Cuomo and General Assembly leaders have reached an agreement regarding comprehensive ethics reform.  The agreement titled the “Clean Up Albany Act of 2011,” creates a joint commission on public ethics to investigate violations of law by members of both the executive and legislative branches, oversee their financial disclosure requirements, and oversee lobbyists with newly expanded disclosure rules and definition of lobbying.

The act expands lobbying disclosure requirements, including the disclosure by lobbyists of reportable business relationships of more than $1,000 with public officials. It also expands the definition of lobbying to include advocacy to affect the introduction of legislation or resolutions.   Additionally, the act calls for the state board of elections to issue new regulations clarifying disclosure requirements for independent expenditures.

Photo of Governor Cuomo by Pat Arnow on Wikipedia.

We are always on the lookout for any news regarding social media as it relates to lobbying, campaign finance, and elections.

Roll Call published an article today about how Bono’s anti-poverty group called ONE campaign has released an app for iPhone users. The app allows anyone with an iPhone to contact their lawmakers and  it gives them a text offering ideas of what to communicate.

Ambreen Ali’s article, “iPhone App Will Help You Lobby,” explores this new facet to the world of lobbying and advocacy.

How do you think social media and mobile technology will affect lobbying and grassroots advocacy? Let us know what you think!

Q. Summer is approaching and I will be attending conferences such as NCSL and ALEC.  Can I pay for dinners with legislators and/or State Night events?

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.

It was an honor being a participant and exhibitor at the annual Ohio State Bar Association (OSBA) convention this year in Columbus, Ohio.  The convention was held at the Hyatt Regency on May 4 – May 6, 2011. This has been State and Federal Communications’ second year participating in the convention and we are looking forward to attend many, many more.

Congratulations to the OSBA team, who beautifully planned and orchestrated the three-day event.

Why does State and Federal Communications look forward to and enjoy the OSBA convention so much?

• We are always hiring to facilitate assistance across research and compliance departments in our expanding company. Since attorneys make up 50 percent of our staff, OSBA is a great place to recruit attorneys from different fields and levels of expertise.
• We love to “switch it up” when typically attending more “government relations/affairs” type conventions. We support our attorneys in continuing their education with CLE certifications. Also, it is refreshing to attend conventions where the subject matter is different, whether it be our neighboring booths in the exhibit hall or the topics of the CLE seminars.
• Attorneys have a unique perspective about consulting, campaign finance, and lobbying work – one of the many reasons we recruit at OSBA. The member attorneys are direct with their questions and sincerely try to learn about our company. Likewise, it is nice to hear their thoughts about recent news and issues regarding our line of work. We appreciate OSBA members’ professionalism and look forward to staying in touch.

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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.