February 15, 2012 •
Latest News in Ethics Oversight
Here is a look at what has appeared in the last few days from the state ethics commissions:
Arizona: “Ariz. lawmakers want elected officials to disclose use of public funds” by Howard Fischer in the East Valley Tribune.
Georgia: “Advocates push for ethics funding” by Charles Edwards on WABE News.
“Watchdog groups demand more money for ethics board” by in the Atlanta Journal-Constitution.
Maryland: “Maryland Ethics Panel Suggests Reducing Local Disclosure” by Brian Witte (Associated Press) on NBC Washington.
“Bill would require online disclosure” by Michael Dresser in the Baltimore Sun.
Minnesota: “Lobbying violations vex understaffed Minnesota regulator” by Brad Schrade in the Star Tribune.
North Carolina: “Dome: Few ethics complaints probed, report shows” by John Frank in The News & Observer.
January 4, 2012 •
Title 15 and the Maryland Mandate
Last year, Maryland’s legislature passed a public ethics law, Title 15, after finding an erosion of public confidence in government decisions due to improper influence.
Title 15 requires government officials and employees to disclose their financial affairs and sets minimum ethical standards for the conduct of state and local business. The law also requires all counties, municipalities, and school boards adopt ethics standards at least equal to the state’s ethics law with regard to conflicts of interest, financial disclosure, and lobbying. Each local ethics commission is required to certify its compliance with the Maryland Ethics Commission on or before October 1st of each year, beginning in 2011.
Some local officials are still working toward agreement and passage of the required bills. Although officials may follow the state’s guidelines, many are choosing their own paths. For instance, the registration thresholds for lobbyists in Title 15 include an expenditure clause and a gift clause: $500 in expenditures towards influencing legislative or executive action; or $100 in gifts for the purpose of influencing executive action. The recently passed Charles County bill has a $100 gift threshold, while Alleghany County’s gift threshold is $200. Neither bill includes an expenditure clause. However, in Howard County, there is a $100 expenditure threshold for any lobbying activity, but no gift threshold.
Conflict of interest rules have also been the subject of debate. Title 15 forbids former public officials (other than legislators) and employees from assisting or representing a party in a contract or other specific matter for compensation if the former official or employee participated significantly in the matter as an official or employee. Frederick County attempted to limit this prohibition to one year for former commissioners with an exemption for former employees. This modification was rejected by the state. The Frederick County delegation now plans to propose changes to Title 15 before the general assembly to allow the one year limitations.
Counties such as Baltimore and Montgomery continue to debate and, as of December 1, 2011, had yet to approve a final version of the required ethics bill.
In the latest development, the State Ethics Commission met to respond to exemption requests. According to the Maryland Municipal League web site:
“The Maryland State Ethics Commission met on December 8 to consider a number of exemption requests from various municipalities around the state. Several jurisdictions were requesting an extension of an existing exemption, while some cities and towns were requesting new exemptions from the recently enacted financial disclosure reporting requirement. The results were varied, although it seemed as though population and budget size were the criteria most often cited by the members of the Ethics Commission when exemptions were being considered. For more information, please contact Tom Reynolds or Candace Donoho on the MML staff.”
January 3, 2012 •
Maryland Lobbyist Is Back as the Top Earner
According to the Maryland State Ethics Commission, Gerard Evans – who was convicted of fraud and spent time in prison – is back in the top earning position in the state for the past year.
Read the full story in “Evans regains top lobbying spot in Annapolis” by John Wagner in the Washington Post.
Here is a list of the top 135 lobbyists in compensation in Maryland by the State Ethics Commission.
December 14, 2011 •
Maryland Lobbyist Agrees to Pay $2,750 Fine
Bereano puts ethics charges behind him.
The Baltimore Sun reported that lobbyist Bruce Bereano has settled the ethics case with the Maryland State Ethics Commission by agreeing to pay a $2,750 fine.
For the full story read “Bereano settles ethics charges for $2,750” by Michael Dresser.
December 2, 2011 •
Campaign Contributions by Text Message Coming to Maryland
Contributions would be limited to $10 per text message.
Following in the footsteps of California, the state of Maryland will be allowing political campaign contributions via text messages on mobile devices. Jared DeMarinis, Maryland State Board of Elections’ Director of Candidacy and Campaign Finance, says this will open the process up to more people giving smaller donations.
For the full story, read “Rule would allow campaign donations by text message” by Annie Linskey in the Baltimore Sun.
According to the article: “Maryland’s General Assembly passed legislation this year authorizing campaign contributions by text message and directing the Board of Elections to implement the change. The board has drafted regulations, which are subject to public comment before they can go into effect.”
November 21, 2011 •
Ethics Bill Passes in Frederick County, MD
FREDERICK COUNTY, MARYLAND: Commissioners reluctantly passed an ethics bill they expect to be challenged in court. The bill forbids county employees from ever working for a company that does business with the county.
Previously, the state rejected a less stringent bill exempting county employees and requiring commissioners to wait just one year before accepting employment with a company they did business with while in office.
Commissioners indicated the only reason for the controversial change was the state’s mandate to pass the ethics ordinance. Changes to the county gift law prohibit commissioners from accepting tickets or free admission to sporting events and require free meals to be consumed in the presence of the donor.
The law now goes back to the State Ethics Commission for its approval.
November 17, 2011 •
Charles County Passes Ethics Ordinance
Removed Key Amendment
CHARLES COUNTY, MARYLAND: Commissioners made the decision to pass an ethics ordinance required by the state after removing a key amendment Tuesday. The amendment would have included stricter campaign finance and reporting laws.
After debate, the commissioners elected to remove the amendment and take up campaign finance and reporting as a separate piece of legislation in the future. The ordinance, as passed, states that commissioners can only represent the county, prohibits gifts over $20, and requires lobbyist registrations to be filed by January 15th.
All counties, municipalities, and school districts are required by law to pass an ethics ordinance.
November 15, 2011 •
Lobbyist Compliance Changes in Allegany County, Maryland
ALLEGANY COUNTY, MARYLAND: A bill providing further regulation of public ethics became effective November 13, 2011.
Code Home Rule Bill 5-11 expands regulation regarding conflict of interest, lobbyist reporting, gift law, and enforcement of violations.
Changes include a lower registration threshold for lobbyists at $200 of food, entertainment, or gifts to public officials in a calendar year. The ethics commission will now be able to asses a late fee of $10 per day for failure to timely file lobbyist registrations and reports.
October 24, 2011 •
Special Sessions Update
Maryland and South Dakota
MARYLAND: The Maryland General Assembly adjourned the special session to approve a congressional redistricting plan on October 20.
SOUTH DAKOTA: State lawmakers convened a special session on Monday, October 24. The purpose of the special session was to redraw the boundaries of the state’s voting districts.
October 18, 2011 •
Maryland Legislature in Special Session
The Maryland General Assembly convened a special session on Monday, October 17.
The purpose of the special session was to approve a congressional redistricting plan.
Photo of the Maryland Statehouse by Irteagle102704 on Wikipedia.
August 2, 2011 •
Frederick County MD’s Proposed Ethics Law
Public Hearing Scheduled
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.
July 19, 2011 •
Laurel, Maryland Introduces New Ethics Bill
City Council Ordinance
New ethics regulations have been introduced by the Laurel, Maryland City Council, including provisions related to lobbyists.
Observing Maryland’s state ethics regulations for municipalities, the introduced ordinance requires lobbyists to file reports twice a year for each entity they represent. Lobbyists failing to file timely reports could be assessed a late fee of $10 per day up to a maximum of $250. Further enforcement of violations by lobbyists could include additional fines up to $5,000 per offense and suspension of lobbyist registration.
The bill also includes financial reporting requirements for public officials, hiring practices regulations, and rules regarding conflicts of interest.
Map of Maryland by Arkyan on Wikipedia.
May 23, 2011 •
Corporations Must Disclose Independent Expenditures in Maryland
Directly to Shareholders or Link From Homepage
Governor Martin O’Malley signed into law a bill which requires corporations to disclose to shareholders the dates and amounts of political independent expenditures and the candidate or ballot issue to which the expenses related, or post a link to this information from its homepage.
All entities making an aggregate independent expenditure of $10,000 or more in an election cycle will be required to file reports detailing information such as the identities of those making, or those exercising direction or control over those making, the independent expenditures. Included in the report must be the identity of each person who made cumulative donations in excess of $51 to the entity making the independent expenditure. Entities include corporations, partnerships, committees, associations, and labor organizations.
The law redefines independent expenditure to mean expressly advocating the success or defeat of a clearly identified candidate or ballot issue. Separate and distinct from the definition of independent expenditure, the law also defines electioneering communications to cover expenditures for broadcasts made within 60 days of an election. Based on the amount of money spent and the size of the audience of the broadcast, separate and additional disclosure reports may be required for electioneering communications.
The new law takes effect December 1.
March 4, 2011 •
A Better Maryland Procurement Process?
Delegate Introduces Bill
Delegate Dan Morhaim has introduced a bill with the goal of increasing the effectiveness of Maryland’s procurement process. House Bill 628 would create a commission to study streamlining and increasing the efficiency of the state’s contracting procedures.
Among the goals of the commission would be a more uniform application of the procurement law and an increased centralization of the procurement system. The membership of the commission would include individuals from private sector industries such as technology, construction, commodities, and other professional services.
The commission’s one year term would end with a report of its findings and recommendations to both the Governor and the General Assembly.
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.