The Frederick County Board of Commissioners voted to have a public hearing for a new ethics ordinance which, among other things, would no longer require lobbyists to disclose their annual income.

Based on one of the state’s recommended models for local ethics laws for counties and cities, the ordinance drew concerns by commissioners that the requirements for lobbyists could be weaker than those currently in place. As an example, Frederick County’s requirements for registration and reporting for grassroots lobbying are not included in the proposed ordinance, which would supersede the current law.

The public hearing has been scheduled for September 6.

Federal:

Crossroads GPS, Priorities USA Violate Tax Laws, Reform Groups Allege in IRS Petition

Oregon Congressman, Named in Sex Case, to Resign

From the States and Municipalities:

Alabama

Bob Riley’s PAC Admits Taking PAC-to-PAC Donation in Violation of Law Riley Pushed

California

Judge Ready to Strike down San Jose Law Barring Last-Minute Campaign Contributions

District of Columbia

D.C. Council Member Thomas to Repay D.C. $300,000

Florida

Judge Hears Challenge to Florida Campaign Law

Florida

Press Group in Talks to Take Over State Lobbyist Registration

Georgia

Ethics Commission Could See Major Reorganization

Illinois

Emanuel Ethics Reforms Back on Track at City Council

Massachusetts

GOP’s Winslow Uses On-line Coupon to Promote Fundraiser

New York

Brooklyn Borough President Marty Markowitz Fined $20,000 for Taking Free Foreign Trips for His Wife

Rhode Island

Twenty Politicians Owe $800,000 in Election Fines

Tennessee

Some Advocacy Avoids Tennessee Lobbying Label

Virginia

For Virginia Companies, Campaign Donations to Lawmakers Just another Cost of Doing Business

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.

We now provide information on lobbying, political contributions, and procurement lobbying for Miami, Florida; Pembroke Pines, Florida; and Vancouver, Washington on our website.

The image of North America by Bosonic dressing on Wikipedia.

The city attorney for Boynton Beach, Jim Cherof, has proposed ceasing enforcement of the city’s lobbying ordinance and turning over enforcement to the Palm Beach County Commission on Ethics. The lobbying ordinance, in effect since 2007, has come under fire recently due to a perceived vagueness in the law.

This past May, the city levied the first fines ever under the ordinance and has also taken steps to open an investigation against former city commissioner David Katz, all concerning failure to register as a lobbyist. Each fine is being appealed and Katz maintains he was never required to register under the law because he was performing consulting work and not lobbying.

GREEN BAY, WISCONSIN: The Green Bay City Council has approved General Ordinance No. 10-11, which requires lobbyists to register if they attempt to influence legislative or administrative action by a city official.

The ordinance requires lobbyists to register before engaging in lobbying by completing a registration form and paying a $20 registration fee.

Lobbyists must disclose their contact information, the name of their client, and any compensation paid by the client.

The ordinance is effective immediately and the City Clerk’s Office will be making a lobbyist registration form available in the next month.

By Labor Day, our clients will find 36 additional municipalities included on our website. As they are completed, we will update our postings so you can check out the additional resources.

Right now, we have provided information on lobbying, political contributions, and procurement lobbying for Alexandria, Virginia (my former home) and Tacoma, Washington.

In the future look for additional cities in New York, Arizona, and Michigan.

The Philadelphia Board of Ethics has announced it will delay enforcement of the city’s lobbying law until 30 days after the effective date of proposed board regulations.

According to a board resolution, the earliest that enforcement of the lobbying law may begin is September 26, 2011. P.C.C. §20-1200, which created Philadelphia’s lobbying law, became effective July 1. The board has previously announced that lobbyist registration will not begin until July 18, 2011 because of delays in implementing the electronic registration system.

Additionally, the Philadelphia Bar Association has filed suit challenging Philadelphia’s new lobbying law as being too far reaching.   The Bar Association contends that the law’s definition of the term “lobbyist” unfairly targets lawyers who are not engaged in lobbying activities, and that only the state Supreme Court can regulate lawyers.

Q. I am a lobbyist but am not registered in a jurisdiction because I mainly use outside counsel and do not meet the registration threshold. Should I be concerned with any reporting requirements or other restrictions?

A. Yes, you need to be familiar with the jurisdiction’s reporting requirements. Even if you do not surpass a registration threshold, your activities may require disclosure. In Pennsylvania, a principal/company is required to report pro-rata compensation and expenses paid to non-lobbyists if they engage in lobbying activities, yet remain under the $2,500 per quarter registration threshold. Though you never engage in direct lobbying, preparation, or strategic planning with your lobbying firm, it may be reportable.

Verify the reporting of political contributions in your jurisdiction. If you are not a registered lobbyist, you may still have responsibility for directing how political contributions are distributed. Vermont, for example, requires political contributions to be disclosed on an employer’s report.

Finally, be aware of gift restrictions. You may believe it is permissible to take a public official to lunch or for a cup of coffee because you are not registered in the jurisdiction. In Massachusetts, a person not registered as a lobbyist may only provide gifts valued at less than $50 to a state, county, or municipal employee. If your company is registered as a lobbyist employer in the jurisdiction, gift restrictions may be applicable to all employees. Michigan only allows a lobbyist employer to provide gifts in a month which are valued at $55 or less. Expenditures which are reimbursed are attributable to the company in all instances. Whether these expenses require reporting will vary.

 

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.

Providence, Rhode Island will not have its online portal set up for lobbyist registrations by July 1, the date the new city local lobbying ordinance takes effect. However, the City Clerk will accept e-mail registrations containing the name, address, telephone number, e-mail address, and lobbyist’s employer’s identification.

No registration fee will be due or accepted until the online portal becomes available. After the online portal becomes available, the City Clerk will contact individuals to complete the registration process.

The registration information can be e-mailed to astetson@providenceri.com.

A new bill introduced into Congress redefines lobbyist and increases lobbyist reporting requirements.

Representative Mike Quigley has introduced the Lobbying Disclosure Enhancement Act, which changes the definition of lobbyist by removing the exception of individuals whose lobbying activities account for less than 20 percent of the time engaged in lobbying over a three month period.

Lobbyists would be required to register online within five days of employment, as opposed to the current 45 day requirement. For each lobbying activity which engaged an official, a lobbyist would be required to report the date of the contact, the specific issue discussed, and identify those covered executive branch officials or Members of Congress contacted about the issue. If lobbying an employee of a Member of Congress, the Member’s name would also have to be reported. Political contributions by lobbyists to candidates would have to be reported quarterly instead of semi-annually.

The bill also creates a special unit for enforcing the lobbying disclosure laws called the Lobbying Disclosure Act Enforcement Task Force, whose primary responsibility would be investigating and prosecuting each case referred to the Attorney General.

All lobbyists, for both the legislative and executive branches will file their reports with the legislative branch. Executive branch lobbyists will not have to register with the legislature as legislative branch lobbyists. They will, however, have to register for the online reporting system used by the legislative branch.

The legislative branch will be sending a letter with directions and passwords for the new system to all registered executive branch lobbyists and their clients. The online system will open to executive branch lobbyists on July 1st, 2011.

Lobbyists and lobbyist’s principals can no longer register, reregister, or continue to be registered in South Carolina if they have outstanding late filing penalties.

House Bill 3183, which Governor Nikki Haley recently signed into law, prohibits the State Ethics Commission from allowing delinquent lobbyists and lobbyist’s principals to participate in lobbying until the fines and filing have been remedied.

The bill also delineates what the fines and penalties are for late filing. Persons filing late are first fined $100 if a report is not filed within 10 days of the due date. After receiving notice by certified or registered mail that a required report has not been filed, there is a $10 a day fine for the first 10 days after receiving the notice. The fine increases to $100 a day for each additional day the required report is not filed, capping at $5,000.

If the report is still not filed, the offender faces an additional misdemeanor conviction with imprisonment or fines.

Flag of South Carolina courtesy of mapsof.net.

Legislation has been introduced in the New Brunswick Legislative Assembly providing for lobbyist registration and regulation.

Government House leader Paul Robichaud introduced Bill No. 43, the Lobbyists’ Registration Act, in response to a push by members of the Tory party for such a law following the discovery that Liberal party insiders were being hired to arrange meetings for energy companies bidding on provincial contracts.

Under the proposed legislation, lobbyists would be required to register, as well as name any companies they work for and the name of the ministers and departments met with. Lobbyists failing to register or making false or misleading statements would be fined up to $25,000 for a first offense and up to $100,000 for any subsequent offense.

The coat of arms for New Brunswick by Civvì on Wikipeida.

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.