June 9, 2017 •
News You Can Use Digest – June 9, 2017
National: How Donald Trump Shifted Kids-Cancer Charity Money into His Business Forbes – Dan Alexander | Published: 6/6/2017 The Eric Trump Foundation apparently paid President Donald Trump’s businesses $1.2 million between 2007 and 2015 for expenses related to the foundation’s […]
National:
How Donald Trump Shifted Kids-Cancer Charity Money into His Business
Forbes – Dan Alexander | Published: 6/6/2017
The Eric Trump Foundation apparently paid President Donald Trump’s businesses $1.2 million between 2007 and 2015 for expenses related to the foundation’s annual charity event at the Trump National Golf Club in Westchester County, New York, according to a report in Forbes. Eric Trump said the Trump Organization allowed his nonprofit foundation to use the golf course for free and covered most expenses for the golf tournament. But Forbes found IRS filings indicate otherwise. Forbes reported the Trump National Golf Club charged the Eric Trump Foundation tens, and later hundreds, of thousands of dollars each year for the one-day event, while donors were led to believe a much bigger portion of their money would go directly to the fundraiser’s chosen cause, children’s cancer research.
Federal:
James Comey Testifies: Former FBI director says he helped reveal details of conversations with Trump
Washington Post – Devlin Barrett and Ellen Nakashima | Published: 6/8/2017
Former FBI Director James Comey asserted that President Donald Trump fired him to interfere with his investigation of Russia’s role in the 2016 election and its ties to the Trump campaign. Comey accused the administration of spreading “lies, plain and simple” about him and the FBI in the aftermath of his abrupt firing. Comey also described intense discomfort about one-on-one conversations between him and the president, saying he decided he immediately needed to document the discussions in memos. Comey said he helped reveal details of his private conversations with Trump because he thought doing so would spur the appointment of a special counsel to investigate the administration.
Lobbyists, Industry Lawyers Were Granted Ethics Waivers to Work in Trump Administration
New York Times – Eric Lipton and Danielle Ivory | Published: 6/7/2017
New disclosures offer additional evidence that lobbyists and industry executives who can now shape policies benefitting their former clients and companies have been allowed to work in the Trump administration. The documents were released in response to a demand by the Office of Government Ethics (OGE) for details on how the Trump administration is enforcing the ethics policies. One unexpected outcome was proof the Obama administration, despite a much touted promise to make all of its ethics waivers public, stopped providing them to the OGE. The “revolving door” cases in the Trump administration generally involve individuals who had been retained by for-profit clients, and then took up matters that could benefit these former clients.
Top Intelligence Official Told Associates Trump Asked Him If He Could Intervene with Comey on FBI Russia Probe
Washington Post – Adam Entous | Published: 6/6/2017
The nation’s top intelligence official told associates in March that President Trump asked him if he could intervene with then-FBI Director James Comey to get the bureau to back off its focus on former national security adviser Michael Flynn in its Russia probe. The events involving Director of National Intelligence Daniel Coats show the president went further than just asking intelligence officials to deny publicly the existence of any evidence showing collusion during the 2016 election, as The Washington Post reported in May. The interaction with Coats indicates Trump aimed to enlist top officials to have Comey curtail the FBI’s probe.
From the States and Municipalities:
Alabama – Ethics Commission Declines to Make Site Consultants Register as Lobbyists
AL.com – Mike Cason | Published: 6/7/2017
The Alabama Ethics Commission rejected its staff’s opinion that site consultants for companies considering moving to the state are required under certain circumstances to register as lobbyists under the ethics law. Staff members said the companies who hire the consultants to scout locations and incentive opportunities from local governments would have to register as principals. The commission declined to vote on the recommendation after economic development officials said would hurt their recruiting efforts because companies place a high value on confidentiality when they are considering a new location.
Arizona – Corruption Case Snares Lobbyist at the Center of Arizona Power Politics
Arizona Republic – Yvonne Wingett Sanchez and Dan Nowicki | Published: 5/26/2017
Among the individuals named in a federal indictment was one who has touched almost every corner of Arizona power politics: lobbyist Jim Norton. A familiar figure for years at the Capitol, Norton was among Gov. Doug Ducey’s earliest political backers and a friend since college. His firm helped guide U.S. Rep. Andy Biggs to victory last November. He is also the business community’s leading voice at the statehouse. Prosecutors say Norton was “a conduit” for bribes that water-company owner George Johnson is accused of paying to former Arizona Corporation Commission Chairperson Gary Pierce. Authorities allege the money helped secure commission approval of higher rates for Johnson Utilities.
District of Columbia – D.C. Mayor Bowser Fined $13,000 for Illegal Campaign Contributions
Washington Post – Aaron Davis | Published: 6/7/2017
District of Columbia Mayor Muriel Bowser’s campaign committee was fined $13,000 for taking campaign donations over legal limits during her successful run for office three years ago. Bowser’s campaign kept over $11,000 in illegal contributions from 13 developers, contractors, and Sanford Capital, a landlord her administration has since been slow to fine for more than 1,000 housing-code violations. Some of the developers who contributed more than the legal limit to Bowser in 2014 were the same ones who went on to donate to a PAC that Bowser’s allies set up but later abandoned during her first year in office amid criticism from city council members that it was creating a perception of “pay-to-play” politics.
Florida – Someone Raised $200K from Miami Beach Bigwigs, But No One Will Say Why
Miami Herald – Nicholas Nehamas and Joey Flechas | Published: 6/5/2017
Miami Beach Commissioner Michael Grieco says he does not know a thing about a mysterious South Florida group that raised $200,000 from city bigwigs last year. But interviews with two of those donors suggest the PAC is raising money in his name, and that Grieco, who is running for mayor, solicited at least one contribution. Miami Beach lobbyists, vendors, and real-estate developers all appear on the list of donors to People for Better Leaders, exactly the type of power players whose contributions led to a public outcry during the last election cycle and, ultimately, to stricter campaign finance laws.
Kentucky – Judge Tosses Ethics Rules for Kentucky Lobbyists, Lawmakers
U.S. News & World Report – Adam Beam (Associated Press) | Published: 6/7/2017
A federal judge ruled Kentucky lawmakers can accept gifts from lobbyists and that lobbyists can make campaign contributions to candidates for the Legislature. The state law banning lobbyists giving gifts to lawmakers includes “anything of value,” which U.S. District Court Judge William Bertelsman said was too vague. State regulators said the laws were meant to prevent bribery at the Capitol. Most of the rules were enacted after “Operation BOPTROT,” a 1992 FBI probe that exposed 15 current or former legislators who sold their votes. Officials with the Legislative Ethics Commission and the Registry of Election Finance said they were reviewing the order and were considering an appeal.
Missouri – What You Need to Know about Missouri’s Evolving Campaign Finance Laws
Missouri Times – Travis Zimpfer | Published: 6/6/2017
On June 20, Missouri’s campaign finance laws will once again experience changes for the second time in roughly six months. The Missouri Ethics Commission updated their own primer on the constitutional amendment and how a recent decision by a federal judge that found many provisions of the law unconstitutional affected it. Commission Director James Klahr issued an advisory opinion that political party committees in the House and Senate are not bound to the $25,000 aggregate limit in accordance with the ruling.
North Carolina – US Supreme Court Affirms NC Legislative Districts as Racial Gerrymanders
Raleigh News and Observer – Anne Blythe | Published: 6/5/2017
The U.S. Supreme Court upheld a lower court ruling that struck down 28 state House and Senate districts in North Carolina because they violated the rights of black voters. But the justices rejected the court’s order to redraw the districts and hold a special election. The action by the justices sends the matter back to the lower court, which could order new districts in time for the regular cycle of elections in 2018.
Pennsylvania – A Philly Teacher’s Stunts Draw Interest from The Board of Ethics
Philadelphia Inquirer – Chris Brennan | Published: 6/5/2017
It looks as if George Bezanis, a Central High School social studies teacher who has used a billboard and a banner plane to protest the lack of a new union contract for the Philadelphia Federation of Teachers, will be butting heads with the city Board of Ethics. An attorney for the ethics board told Beznis the billboard and banner plane were “reportable lobbying under the city’s lobbying law.” Bezanis needed to register as a lobbyist, the attorney said in the message, or face a financial penalty.
South Carolina – Firms Named in SC Corruption Probe Have Hundreds of Millions at Stake
The State – Jamie Self and Avery Wilks | Published: 6/4/2017
South Carolina’s largest special interests know the time they spend working the state’s lawmakers at the Capitol is well spent. But was the help they got from one of the state’s most influential political families legal? Indicted Rep. Rick Quinn, whose father operates a political consulting empire, stands accused of voting and lobbying in the Legislature on behalf of special interests that, prosecutors allege, paid him through his direct-mail business and his father’s firm. He also is charged with failing to disclose accepting nearly $4.6 million he received from special interests that lobby the Legislature. The companies that Quinn is charged with illegally helping are big fish in the pool of special interests vying for influence in Columbia.
Tennessee – Record $465,000 Fine Issued Against Jeremy Durham for ‘Egregious’ Campaign Finance Violations
The Tennessean – Dave Boucher and Joel Ebert | Published: 6/7/2017
The Tennessee Registry of Election Finance levied the largest fine it has ever imposed against former state Rep. Jeremy Durham for hundreds of campaign finance law violations. Among the findings in an audit were allegations Durham used campaign funds to improperly buy sunglasses, suits, and spa products, and inappropriately loaned thousands of dollars to his wife, a prominent Republican fundraiser and professional gambler. Registry members occasionally haggled over the individual amounts for each violation, trying to determine how egregious Durham’s actions were while also expressing a desire to use the penalties to prevent future wrongdoing. In total, the registry fined Durham $465,500 for more than 300 violations.
Wisconsin – Critics Deride Secrecy, Limits on Investigations by State Ethics Commission as It Nears 1-Year Mark
Wisconsin State Journal – Mark Sommerhauser | Published: 6/4/2017
Critics say it is difficult to assess the work of Wisconsin’s new ethics commission because much of what it does is kept secret. Current and former commissioners and other observers say they have seen some heartening signs from the six-member panel, which acts as the state’s watchdog of political campaigns and candidates, public officials, and those who seek to influence them. But critics say the commission is handcuffed by legal limits on what it can disclose about its efforts to enforce campaign finance, ethics, and lobbying laws. It also is much more limited than its predecessor, the Government Accountability Board, in its ability to investigate alleged violations of those laws.
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.
June 2, 2017 •
NYCU Video Digest – June 2, 2017
Becky Campbell is back to deliver any government relations and ethics news you might have missed in this weeks News You Can Use Video Digest. Enjoy!
Becky Campbell is back to deliver any government relations and ethics news you might have missed in this weeks News You Can Use Video Digest. Enjoy!
June 2, 2017 •
News You Can Use Digest – June 2, 2017
National: The GOP Inherits What Trump Has Wrought Washington Post – Karen Tumulty and Robert Costa | Published: 5/26/2017 President Trump – and specifically, his character and conduct – now dominate the national political conversation. The dynamic is shaping the contours […]
National:
The GOP Inherits What Trump Has Wrought
Washington Post – Karen Tumulty and Robert Costa | Published: 5/26/2017
President Trump – and specifically, his character and conduct – now dominate the national political conversation. The dynamic is shaping the contours of this year’s special congressional elections and contests for governor, as well as the jockeying ahead the 2018 midterm elections. When U.S. House candidate Greg Gianforte assaulted a reporter who had attempted to ask him a question, many saw not an isolated outburst by an individual, but the obvious, violent result of Trump’s charge that journalists are “the enemy of the people.” Nonetheless, Gianforte won Montana’s special election to fill a safe Republican seat.
Federal:
A Vocal Defender of Ethics Has Fans – and Foes
New York Times – Nicholas Fandos | Published: 5/30/2017
Ethics have been thrust to the forefront in President Trump’s Washington, where his own vast holdings and those of his asset-rich cabinet and advisers from businesses and lobbying firms have raised accusations of conflicts-of-interest. Office of Government Ethics Director Walter Shaub has emerged as one of the few voices from within the government willing to second-guess the president and his advisers. The confrontations have given Shaub, a self-effacing career bureaucrat, the reputation of a fighter. Admiring fans have put his face on T-shirts. He even has a Facebook fan group, with more than 1,000 likes.
Jared Kushner Now a Focus in Russia Investigation
New York Times – Matthew Rosenberg, Mark Mazzetti, and Maggie Haberman | Published: 5/29/2017
Jared Kushner, President Trump’s son-in-law and senior adviser, was looking for a direct line to Vladimir Putin, a search that in mid-December found him in a room with a Russian banker whose financial institution was deeply intertwined with Russian intelligence, and remains under sanction by the U.S. Federal and congressional investigators are now examining what exactly Kushner and the Russian banker, Sergey Gorkov, wanted from each other. The banker is a close associate of Putin, but he has not been known to play a diplomatic role for the Russian leader. That has raised questions about why he was meeting with Kushner at a crucial moment in the presidential transition.
White House Details Ethics Waivers for Ex-Lobbyists and Corporate Lawyers
New York Times – Eric Lipton and Steve Eder | Published: 5/31/2017
The White House disclosed the ethics waivers given to appointees who work for President Trump and Vice President Pence, including four former lobbyists. The waivers exempt the appointees from certain portions of ethics rules aimed at barring potential conflicts-of-interest. Among the high-profile figures who received waivers: White House Chief of Staff Reince Priebus and counselor to the president Kellyanne Conway, who were both permitted to engage with their former employers or clients. The details were made public after a dispute between the White House and the Office of Government Ethics, which had been pushing the Trump administration to stop granting such waivers in secret.
From the States and Municipalities:
Arizona – Arizona Attorney General Investigating Phoenix Law Firm’s Falsified Lobbying Documents
Arizona Republic – Dustin Gardiner and Rob O’Dell | Published: 5/31/2017
The Arizona attorney general’s office is conducting a criminal investigation into a law firm that filed falsified documents with the city of Phoenix. Burch & Cracchiolo violated the city’s lobbying ordinance and filed falsified documents to make it appear it had complied, The Arizona Republic reported in January. The firm later withdrew those documents and said they were prepared by a non-attorney staffer. Although Phoenix did not prosecute anyone at Burch & Cracchiolo for not complying with lobbyist regulations, the issue of falsified documents is a separate legal matter. Filing false documents with a government agency can be a felony offense.
Arizona – Ex-Corporation Commissioner Gary Pierce, Lobbyist Jim Norton Indicted
Arizona Republic – Ryan Randazzo | Published: 5/25/2017
Former Arizona Corporation Commissioner Gary Pierce and Johnson Utilities owner George Johnson were indicted in federal court on bribery, conspiracy, and other charges. The indictment alleges Johnson and Pierce developed an elaborate scheme that paid Pierce over $30,000 and provided employment for his wife, who was also charged. In return, Pierce pushed through a rate increase for Johnson Utilities to pay for a personal tax debt that Johnson owed. Johnson allegedly used a lobbying firm to funnel money to Pierce. He also reportedly offered Pierce and the lobbyist, Jim Norton, “the opportunity to purchase land valued at approximately $350,000.”
Arizona – Phoenix: Tougher rules for paid lobbyists to take effect July 1
Arizona Republic – Dustin Gardiner | Published: 5/31/2017
The Phoenix City Council gave approval to an overhaul of the lobbying ordinance so it can prosecute paid lobbyists who flout rules requiring them to register, list their clients, and disclose gifts to officials. The existing law was adopted more than two decades ago but lacked language that explicitly said the city could prosecute those who do not comply. Under the new rules, which take effect July 1, lobbyists who do not file the required registration or expense-disclosure forms can face sanctions, including fines of up to $2,500, suspension from lobbying, and possible jail time for repeated offenses.
Kentucky – Bevin, Facing Ethics Complaint, Blasts Journalist Over Reporting About His Mansion
Lexington Herald-Leader – Allison Ross (Louisville Courier-Journal) | Published: 5/28/2017
Kentucky Gov. Matt Bevin, facing an ethics complaint about the unusually low purchase price of the mansion he Is living in, took to Twitter to personally attack a journalist who has been reporting about the controversy. Bevin called Louisville Courier-Journal reporter Tom Loftus a “sick man” for allegedly being “caught sneaking” around Bevin’s home and property. The Courier-Journal rejected the claim that Loftus was “caught sneaking” around or that he was removed from the property. At the time Loftus visited the home, Bevin would not say whether he and his family lived there, nor had he responded to requests for details about the $1.6 million sale of the home to Anchorage Place, a limited-liability corporation whose ownership is unknown.
Massachusetts – Former Top Mass. Lawmaker Often Helped His Business, Family
Boston Globe – Andrea Estes | Published: 5/30/2017
Massachusetts Rep. Garrett Bradley has shown a pattern in his 16-year legislative career of taking actions in his official capacity that advanced his business interests, state records and interviews with other officials show. E-mails to and from Bradley show he helped his law firm get millions of dollars in legal work from the state retirement system in 2004, something Bradley’s own legal advisers later warned him against. Bradley also tapped his connections to help his sister and father-in-law get jobs, and two members of the Governor’s Council accused him of using political donations to help his wife get a judgeship. Ethics experts said Bradley’s conduct, at a minimum, looks bad, and some of it raises thorny legal questions.
Missouri – Missouri Pay-to-Play Allegations Heat Up Over New Links Between Lawmaker, Megadonor
Kansas City Star – Jason Hancock | Published: 5/25/2017
The relationship between the Missouri Senate President Ron Richard and an emissary for one of the state’s most prolific political donors is raising eyebrows in the statehouse. Richard has been dogged by “pay-to-play” allegations over a bill he sponsored that would benefit a company owned by Republican donor David Humphreys. Now, new details about Richard’s association with Paul Mouton, widely considered to be Humphreys’ eyes and ears in the Capitol, are rekindling the long-simmering accusations.
New York – Ex-Sterne Agee Executive Admits to N.Y. Pension Fund Bribes
Bloomberg.com – Christian Berthelson | Published: 5/30/2017
A former managing director at broker-dealer Sterne Agee & Leach pleaded guilty to bribing a former portfolio manager at New York state’s retirement fund in exchange for tens of millions of dollars’ worth of business. Deborah Kelley admitted that between 2014 and 2016, she paid bribes including entertainment, travel, and lavish meals to Navnoor Kang, former director of fixed income and head of portfolio strategy at the New York State Common Retirement Fund. She expensed the costs to Sterne Agee, while omitting that the money was spent entertaining Kang.
Pennsylvania – Lack of Gift Ban for Pa.’s Legislators Continues to Miff Critics
Pittsburgh Post-Gazette – Angela Couloumbis (Philadelphia Inquirer) and Karen Langley | Published: 5/28/2017
Critics often cite Pennsylvania as having the weakest gift regulations in the nation. Former legislators say lawmakers resist changes because they enjoy the perks of the job, including being entertained by lobbyists and others with an interest in state government. The gift-ban issue gained traction and urgency after a 2014 scandal that revealed some House members had accepted envelopes stuffed with cash from an undercover informant posing as a lobbyist for law enforcement. Both chambers clamored to change their rules to prohibit cash gifts, but the fervor to pass stronger bans dulled, and the issue got pushed to the legislative back-burner.
Texas – Ethics Reform Not Swept Under Rug, But Not Sweeping Either
Texas Tribune – Jay Root | Published: 6/1/2017
Texas Gov. Greg Abbott praised lawmakers for enacting a “very meaningful” ethics package that broadens transparency on public officials’ outside business dealings, and strips convicted legislators of their offices and retirement benefits. A compromise bill passed by the House and Senate gave Abbott legislative approval on three of the six major ethics bills he championed at the outset of the session. Three other Abbott-backed bills, as well as other ethics measures outside the governor’s reform agenda, died as the Legislature ended its regular session.
Texas – Texas Lawmaker Threatens to Shoot Colleague After Reporting Protesters to ICE
New York Times – Matthew Haag | Published: 5/29/2017
A chaotic scene erupted. on the last day of the legislative session in Texas when demonstrators in the House gallery began chanting in opposition to a new law that bans sanctuary cities. On the floor, Rep. Matt Rinaldi turned to several Democratic lawmakers and told them he had reported the protesters to the U.S. Immigration and Customs Enforcement agency. Rep. César Blanco said Rinaldi told him and others, “We are going to have them deported,” and then used an obscenity. The exchange led to a confrontation among lawmakers, with some pushing and pointing at one another. Rinaldi got into a face-to-face argument with Rep. Poncho Nevárez and threatened to shoot him. Legislators with licenses may carry concealed firearms in the Capitol, but it was not clear if Rinaldi was armed.
Washington – Citizen Watchdog Peppers Washington State with Campaign-Finance Complaints Against Dems
Seattle Times – Joseph O’Sullivan | Published: 5/30/2017
From his home office in Tenino, a small town about 15 miles south of Olympia – and the occasional coffee shop – Glen Morgan has launched a volley of campaign finance complaints against Democratic candidates and groups. As of May 23, the attorney general’s office has recorded 79 complaints for this year; Morgan filed 75 of those. Morgan argues his efforts keep government honest and highlight quirks in Washington’s disclosure laws he believes need changing.
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.
May 26, 2017 •
News You Can Use Digest – May 26, 2017
National: Sean Hannity Done Talking About Seth Rich and WikiLeaks ‘for Now’ as Fox News Retracts Story Washinton Post – Kristine Phillips and Peter Holley | Published: 5/24/2017 Fox News retracted a story linking the murder of a Democratic National […]
National:
Sean Hannity Done Talking About Seth Rich and WikiLeaks ‘for Now’ as Fox News Retracts Story
Washinton Post – Kristine Phillips and Peter Holley | Published: 5/24/2017
Fox News retracted a story linking the murder of a Democratic National Committee staff member with the email hacks that aided Donald Trump’s campaign, effectively quashing a conspiracy theory that had taken hold across the right-wing news media. The story of the murdered aide, Seth Rich, who was 27 when he was shot near his Washington, D.C. home in July, has been seized on by conservative pundits as an alternative narrative to the cascade of damaging revelations about the Trump administration’s ties to Russian officials who meddled in the presidential election. No evidence to support that theory has emerged, and the Washington Metropolitan Police Department is still investigating the case.
Work and Politics: What rights do employees have?
USA Today – Charisse Jones and Michael Izzo | Published: 5/16/2017
A U.S. House member’s letter that helped push a New Jersey attorney to resign after her boss was told she was a grassroots “ringleader,” sparked questions about how much an employer can clamp down on an employee’s activism. In an era of heightened political tensions, when many Americans are marching and boycotting for perhaps the first time, the case is showing how politics and the workplace can collide.
Federal:
‘Soft Money’ Rules Upheld by Supreme Court
Bloomberg BNA – Kenneth Doyle | Published: 5/23/2017
The U.S. Supreme Court turned away a Republican challenge to a federal campaign finance restriction that prevents political parties from raising unlimited amounts of cash to spend on supporting candidates. The Republican Party of Louisiana had argued a provision of the 2002 Bipartisan Campaign Reform Act (BCRA) violates its free speech rights. But the justices let stand a lower court’s ruling that rejected the challenge. BCRA barred state and local parties from taking unlimited donations for any activities concerning federal elections. Such contributions are often called soft money because they are unregulated.
Trump Asked Intelligence Chiefs to Push Back against FBI Collusion Probe after Comey Revealed Its Existence
Washington Post – Adam Entous and Ellen Nakashima | Published: 5/22/2017
President Trump called two of the nation’s top intelligence officials – Dan Coats, the director of National Intelligence, and Admiral Michael Rogers, director of the National Security Agency – and urged them to publicly deny there is any evidence of collusion between his campaign and the Russians. The requests came in the days after then-FBI Director James Comey publicly confirmed the FBI was probing the Trump-Russia connection in his testimony before the House Intelligence Committee on March 20. Coats and Rogers refused to comply with the requests, which they both deemed to be inappropriate.
White House Moves to Block Ethics Inquiry into Ex-Lobbyists on Payroll
New York Times – Eric Lipton | Published: 5/22/2017
The Trump administration is trying to block an effort from the Office of Government Ethics (OGE) to find out the names of lobbyists who have been granted waivers to work in the federal government. The White House sent a letter to OGE Director Walter Shaub, challenging the agency’s authority to see the waivers. President Trump in January signed an executive order that banned lobbyists hired in his administration from working with former clients or on issues they had been involved with for two years unless they received a waiver. Dozens of former lobbyists and industry lawyers are now working in the administration. Keeping the waivers confidential would make it impossible to know whether those officials are violating ethics rules or have been given a pass to ignore them.
From the States and Municipalities:
Arizona – Phoenix Moves to Implement New Rules for Lobbyists Following Republic Report
Arizona Republic – Rob O’Dell and Dustin Gardiner | Published: 5/23/2017
The city council gave preliminary approval to amending Phoenix’s lobbying ordinance so those who do not comply with its registration or expense disclosure rules can face sanctions, including fines of up to $2,500, suspension from lobbying, and possible jail time for repeated offenses. The new law also would apply rules to lobbyists’ communication with far more officials at the city. The council also approved a news definition of “lobbyist.” The council will hold one more vote to finalize the changes.
Arkansas – Panel: Dallas Cowboys owner violated Arkansas ethics law
Arkansas Online – John Lyon (Arkansas News Bureau) | Published: 5/20/2017
Dallas Cowboys owner Jerry Jones, who grew up in North Little Rock, paid for the city’s police officers and their families to attend a Cowboys home game of their choice late last season, with travel and lodging accommodations included. The gifts were in recognition of police service and volunteer work in the community. The Arkansas Ethics Commission ruled Jones had committed “an unintentional violation” by making the gift. Jones will receive a warning letter. No sanction was imposed because of his reliance on “the erroneous conclusion” in a North Little Rock City Council resolution. Through that resolution, the council accepted the gifts and subsequently passed them along to the officers as an employee benefit.
Iowa – Ethics Complaint Against Iowa Gun Owners Leader Dismissed
Des Moines Register – Brianne Pfannenstiel | Published: 5/22/2017
A man who has sometimes registered as a statehouse lobbyist was called a “liar” and “immoral,” but the House Ethics Committee dismissed a complaint against Iowa Gun Owners Executive Director Aaron Dorr. The complaint alleged Dorr was telling members of his group that he was lobbying lawmakers, but while Dorr has registered as a lobbyist in the past, he did not this year. Dorr gave documents to the committee saying he had not been designated as a lobbyist for Iowa Gun Owners and was not being paid to be its executive director. Committee Chairperson Rob Taylor said unless the panel decided to issue a subpeona for Dorr’s tax returns and bank records, they would have to accept that explanation.
Missouri – New Campaign Finance Rules Ignore Missouri Voters’ Decision
Governing – Kurt Erickson (Tribune News Service) | Published: 5/23/2017
The Missouri Ethics Commission issued an opinion saying campaign committees formed by party leaders in the House and Senate are no longer limited to contributions totaling $25,000 annually. Commission Executive Director James Klahr said those committees can once again receive unlimited donations. Under a November change to the state constitution, Missouri voters overwhelmingly capped contributions to individual candidates for office at $2,600 per election. Donations to a political party were capped at $25,000.
Montana – Bullock Vetoes Bill to Raise Allowable Campaign Contributions
Billings Gazette – Holly Michels | Published: 5/19/2017
Montana Gov. Steve Bullock vetoed a bill that would have revised campaign finance laws in the state and made changes to the commissioner of political practices office. Bullock said Senate Bill 368 would undermine the agency’s effectiveness and raise contribution limits far above what residents think is acceptable. The legislation would have increased the filing fees for legislative candidates, changed laws related to investigation of campaign practices, created an appeal procedure for certain complaints, and prohibit the commissioner from filing criminal action against a candidate for some violations.
New Mexico – Loophole and Vague Laws Create Ambiguity in Lobbyist Reporting
New Mexico In Depth – Sandra Fish | Published: 5/19/2017
New Mexico’s lobbyist reporting law has been criticized as lacking transparency. A loophole in a 2016 reform effort changed the reporting requirements for organizations and people they hire who spend money to influence public officials in New Mexico. Critics also say the law’s vagueness results in a situation in which lobbyists are now free to report some expenses, or not. And how they report them depends on a lobbyist’s interpretation of the rules.
New York – JCOPE Settlement Expected to Reveal Glenwood Behind $690K
Albany Times Union – Chris Bragg | Published: 5/23/2017
The Joint Commission on Public Ethics reached a settlement with nonprofit lobbying group Pledge 2 Protect that is expected to require the group to disclose that real estate giant Glenwood was intended to force groups like Pledge 2 Protect, issue-oriented nonprofits with lobbying operations, to disclose their donors. But in a series of six transactions in 2013, nearly $700,000 was funneled from previously unknown donors to a newly founded boutique law firm, Marquart & Small, which then passed the funds on to Pledge 2 Protect. Only the name of Marquart & Small showed up on subsequent lobbying disclosure filings, not the names of the original donors.
North Carolina – Supreme Court Ruling Wipes Out Republican-Drawn House Districts in N.C.
USA Today – Richard Wolff | Published: 5/22/2017
The U.S. Supreme Court ruled North Carolina’s Republican-controlled Legislature unlawfully relied on race when drawing two of the state’s congressional districts. The decision continued a trend at the court, where justices have found racial considerations improperly predominated in redistricting decisions by GOP Legislatures in Virginia, Alabama, and North Carolina. Some involved congressional districts, others state legislative districts. The states had contended their efforts were partisan attempts to protect their majorities, which the Supreme Court in the past has allowed, rather than attempts to diminish the impact of minority voters, which is forbidden. But the justices declared North Carolina had relied too heavily on race in their efforts to “reshuffle,” voters from one district to another.
South Carolina – How South Carolina Lawmakers Are Re-examining Their Rule Book after Statehouse Probe Indictments
Charleston Post and Courier – Andy Shain | Published: 5/21/2017
The House and Senate ethics committees are reviewing their advisory opinions to determine if alterations or updates are needed to ensure state lawmakers get the proper guidance to stay within the boundaries of South Carolina’s ethics law. The law does not cover every potential personal conflict in a legislator’s campaign or legislative duties. So, lawmakers receive opinions from their ethics panels to fill the gaps and create a more complete rulebook for them to follow. Since 2014, four legislators have been indicted in an ongoing probe of statehouse corruption.
Virginia – A ‘Personal Friend’ Exemption on Gifts to Virginia’s Elected Officials Leaves Open an Unlimited Loophole
The Virginian-Pilot – Bill Bartel | Published: 5/23/2017
Changes to Virginia’s ethics laws that went into effect last year place a $100 annual limit on gifts from a lobbyist, his or her clients, or someone seeking business with the state. The reform ended a common practice of lobbyists providing lawmakers with unlimited gifts, such as expensive sports tickets or pricey dinners. A new ethics council was set up advise officials and to approve acceptance of specific gifts or travel costing more than $100. But there remained a large exception: there is no limit on gifts to an officeholder or immediate family members from a “personal friend” who is not a lobbyist, a lobbyist’s client, or someone seeking state business.
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.
May 19, 2017 •
News You Can Use Digest – May 19, 2017
Federal: Deputy Attorney General Appoints Special Counsel to Oversee Probe of Russian Interference in Election Washington Post – Devlin Barrett, Sari Horwitz, and Matt Zapotosky | Published: 5/18/2017 The Justice Department appointed Robert Mueller, a former FBI director, as special […]
Federal:
Deputy Attorney General Appoints Special Counsel to Oversee Probe of Russian Interference in Election
Washington Post – Devlin Barrett, Sari Horwitz, and Matt Zapotosky | Published: 5/18/2017
The Justice Department appointed Robert Mueller, a former FBI director, as special counsel to oversee the investigation into ties between President Trump’s campaign and Russian officials, dramatically raising the legal and political stakes in an affair that has threatened to engulf Trump’s presidency. The decision by Deputy Attorney General Rod Rosenstein came after a cascade of damaging developments for Trump in recent days, including his abrupt dismissal of James Comey as FBI director, and the subsequent disclosure that the president asked Comey to drop the investigation of his former national security adviser, Michael Flynn.
DOJ Deflects Calls for More Foreign Agents Act Transparency
Bloomberg BNA – Kenneth Doyle | Published: 5/11/2017
Watchdogs are calling for the U.S. Department of Justice to make public all of its advisory opinions on the Foreign Agents Registration Act (FARA), a law aimed at letting the public know about foreign influence on U.S. politics. The Justice Department recently posted online brief summaries of three past advisory opinions issued under FARA. It has indicated no plans for further action. Meanwhile, other, more complex questions about who must register under the law have increased. High-profile advocates, including Michael Flynn, President Trump’s former national security adviser, recently filed disclosures under FARA revealing past work for foreign governments or political parties.
Reckless Stock Trading Leaves Congress Rife with Conflicts
Politico – Maggie Severns | Published: 5/14/2017
A Politico investigation found 28 House members and six senators each traded more than 100 stocks in the past two years, placing them in the potential cross hairs of a conflict-of-interest on a regular basis. A handful of lawmakers, some of them frequent traders and some not, disproportionately trade in companies that also have an interest in their work on Capitol Hill. House and Senate members who are active traders insist their buying and selling is a normal part of managing their finances, as with any American who wants to save for retirement. But the clear majority of lawmakers avoid potential conflicts by buying mutual funds, putting their portfolios in blind trusts, or simply staying out of the stock market.
The Right Builds an Alternative Narrative About the Crises Around Trump
New York Times – Jeremy Peters | Published: 5/17/2017
As Americans process a dizzying week of damning revelations about President Trump, he has found shelter on the right, where the collective judgment of the conservative media and the Republican Party so far seems to be to shift the blame and change the subject. His most fervent supporters are building alternative narratives to run alongside the “mainstream media” account, from relatively benign diversions to more bizarre conspiracies. For many Trump loyalists, the issue is not whether his presidency is messy and chaotic and dysfunctional; the more relevant question is whether they see anyone else who is equipped to change Washington in the way Trump promised he would.
What Is Obstruction of Justice? An Often-Murky Crime, Explained
New York Times – Charlie Savage | Published: 5/16/2017
The report that President Trump asked then-FBI Director James Comey to drop the investigation into former National Security Advisor Michael Flynn has sparked charges that Trump is obstructing justice. Several federal statutes criminalize actions that impede official investigations. While some examples of illegal ways to thwart the justice system are specific, like destroying evidence, the law also includes broad, catchall prohibitions. Could that cover asking the FBI director to drop part of an investigation, and later firing him?
From the States and Municipalities:
California – Mayor’s Top Aide Got Married at Bayfront Estate of Developer and SoccerCity Supporter
San Diego Union-Tribune – Jeff McDonald | Published: 5/12/2017
Stephen Puetz, chief of staff to San Diego Mayor Kevin Faulconer, took his wedding vows at a private home owned by developer Morgan Dene Oliver, who advocating for the SoccerCity plan for the city-owned Qualcomm Stadium property. Puetz said he received no special treatment from Oliver. As soon as he was offered use of the estate, he said, he contacted the city Ethics Commission to see how he could best meet the conflict-of-interest rules. Puetz said he and his wife, former council aide and registered lobbyist Diana Palacios, paid for the wedding themselves, including a reasonable fee to Oliver for use of the property.
Massachusetts – City Council Debates Level of Transparency in Lobbying Act
Spare Change News – Beth Treffeisen | Published: 5/15/2017
The Boston City Council held a hearing to discuss Mayor Martin Walsh’s re-filing of the proposed home rule petition on lobbying. At the hearing, questions soon arose on whether this draft is what would work best for the city. In its current form, the petition is modeled after existing lobbying regulations at the state-level, but also goes beyond the state’s framework by covering communications not only with elected officials but also with all city employees at all levels of municipal government.
Missouri – Greitens Fails to Meet Promises on Ethics Laws
Southeast Missourian – Summer Ballentine (Associated Press) | Published: 5/15/2017
Bills to strengthen state ethics laws, a campaign pledge of Missouri Gov. Eric Greitens, languished and failed to make it to his desk before lawmakers adjourned the 2017 legislative session. While Greitens said he “set the example on ethics” by enacting lobbyist-gift and revolving-door bans in the executive branch, lawmakers said a not-for-profit with secret donors that promotes his agenda helped undermine his policy proposals in the Legislature.
Montana – New Commissioner Takes Over at Political Practices Office
U.S. News & World Report – Matt Volz (Associated Press) | Published: 5/15/2017
Jeff Mangan has taken over as Montana’s commissioner of political practices, succeeding Jonathan Motl. The office is a political hot seat by nature of its role as the independent overseer of the campaign activities of the state’s elected officials. Allegations of partisan bias tend to dog the commissioner, who is appointed by the governor and must be confirmed by the Senate. As a result, the commissioner’s office has seen frequent turnover – Mangan will be the fifth person to hold the office since Dennis Unsworth in 2010, and he is the first in that time to be confirmed to a full six-year term.
New Hampshire – N.H. Ethics Committee Has Fielded Dozens of Complaints, But Issued No Violations
New Hampshire Public Radio – Casey McDermott | Published: 5/15/2017
The Executive Branch Ethics Committee has spent much of the last decade maintaining a remarkably low profile – it has never held a public hearing on a complaint or recommended any penalties against public officials accused of ethics breaches. From the beginning, this seven-member panel was designed to serve as a resource and a kind of conscience-check for state officials. On that end, it has published dozens of advisory opinions, but the committee was also supposed to be a place where the public could turn when they thought executive branch officials were breaking the rules.
New Jersey – ‘P.S.: One of the ring leaders works in your bank!’: Is this congressman’s fundraising letter a threat?
Washington Post – Amber Phillips | Published: 5/15/2017
In a hand-written note, U.S. Rep. Rodney Frelinghuysen outed a member of an activist group opposing the incumbent Republican to her employer. Saily Avelenda was still a senior vice president and assistant general counsel at Lakeland Bank in March when Frelinghuysen sent a fundraising letter to a member of the bank’s board of directors informing him that Avelenda was one of the “ringleaders” of NJ 11th for Change. The group formed in response to the election of President Trump and has been pressuring Frelinghuysen to meet with constituents in his district and to oppose Trump’s agenda. Avelenda subsequently resigned from her position at the bank.
North Carolina – Strict North Carolina Voter ID Law Thwarted After Supreme Court Rejects Case
New York Times – Adam Liptak and Michael Wines | Published: 5/15/2017
The U.S. Supreme Court will not review a decision that found North Carolina’s 2013 voting law discriminated against African American voters. A unanimous panel of the U.S. Court of Appeals for the Fourth Circuit had found in 2016 that North Carolina legislators had acted “with almost surgical precision” to blunt the influence of African American voters. Last summer, the Supreme Court had divided evenly on whether the law could be used in last fall’s election while the appeals continued. As is the court’s custom, the justices gave no reason for declining to hear the case. But Chief Justice John Roberts issued a statement noting there was a dispute about who represented the state in the case and nothing should be read into the court’s decision to decline to hear it.
South Carolina – State Rep. Rick Quinn Indicted by State Grand Jury
Charleston Post & Courier – Glenn Smith | Published: 5/16/2017
State Rep. Rick Quinn is the fourth South Carolina legislator charged as part of a corruption probe. A grand jury indicted Quinn on two counts of misconduct in office. He is accused of using campaign donations for personal profit. Quinn is the son of veteran strategist Richard Quinn, who owns marketing and political consulting firms. Rick Quinn, also a campaign consultant, owns a direct-mail business. The Quinns have said they keep their firms separate, but the indictments allege Rep. Quinn has an economic interest in all of them. Quinn’s father has not been charged. But the millions of dollars the Quinn firms have collected and spent on clients’ behalf have been a central part of the inquiry.
Vermont – Vt. Political Ethics Bill Moves to Governor’s Desk
Burlington Free Press – April McCullum | Published: 5/11/2017
A bill passed by Vermont lawmakers sets up a state ethics commission in 2018 with a part-time executive director that would review complaints, but would have no investigative or enforcement authority. The commission would also create a state ethics code. The bill also limits lawmakers and government officials from lobbying immediately after they leave office. Individuals who give campaign contributions to a candidate would have to wait one year before that politician’s office could consider them for a no-bid state contract over $50,000.
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.
May 5, 2017 •
News You Can Use Digest – May 5, 2017
National: Guns and Religion: How American conservatives grew closer to Putin’s Russia Washington Post – Rosalind Helderman and Tom Hamburger | Published: 4/30/2017 A significant shift has been underway in recent years across the Republican right. On issues including gun […]
National:
Guns and Religion: How American conservatives grew closer to Putin’s Russia
Washington Post – Rosalind Helderman and Tom Hamburger | Published: 4/30/2017
A significant shift has been underway in recent years across the Republican right. On issues including gun rights, terrorism, and same-sex marriage, many leading advocates on the right who grew frustrated with their country’s leftward tilt under President Barack Obama have forged ties with well-connected Russians and come to see that country’s authoritarian leader, Vladimir Putin, as a potential ally. The attitude adjustment among many conservative activists helps explain one of the most curious aspects of the 2016 presidential race: a softening among many conservatives of their historically hardline views of Russia.
Federal:
Code Pink Protesters at Sessions Hearing Could Face Year in Prison
New York Times – Christopher Mele | Published: 5/3/2017
A jury convicted three Code Pink activists for disrupting Jeff Sessions’ confirmation hearing to be attorney general, including one who apparently laughed during the hearing. Desiree Fairooz, who dressed up as a pink version of Lady Liberty, was found guilty on charges of parading or demonstrating on Capitol grounds and disorderly conduct. Two other activists, Tighe Barry and Lenny Bianchi, were acquitted on a count of disorderly conduct but were convicted on two separate charges of parading or demonstrating during the hearing. Both men dressed up as Ku Klux Klan members, wearing white hooded robes, and stood up before the hearing started. All three could face up to a year in prison.
Lewandowski’s Firm Appears to Offer Trump Meetings
Politico – Kenneth Voogel and Josh Dawsey | Published: 4/28/2017
A firm co-founded by Donald Trump’s original campaign manager Corey Lewandowski appears to have been pitching clients around the world by offering not only policy and political advice, but also face time with President Trump, Vice President Mike Pence, and senior members of their administration. The previously unreported firm, Washington East West Political Strategies, was created by Lewandowski and fellow Trump campaign veteran Barry Bennett, as well as an Azerbaijani oil executive and an American political consultant who works extensively in Russia, to prospect for political business in Eastern Europe. And Lewandowski and Bennett have created different firms with other partners to prospect in the Middle East, Canada, and Central America, Bennett said.
Top Ethics Officer Challenges Trump Over Secret Waivers for Ex-Lobbyists
New York Times – Eric Lipton | Published: 5/1/2017
The Office of Government Ethics (OGE) sent a letter to the White House and all executive branch agency heads asking for copies of any waivers the Trump administration may have granted to appointees exempting them from ethics rules. The OGE’s director, Walter Shaub, said the Obama administration similarly granted waivers, but the prior administration’s waivers were given “under a narrow set of circumstances” and were posted publicly on the OGE’s website. The New York Times has reported that in at least two instances, the Trump administration “secretly issued” waivers exempting officials from ethics rules.
Trump Transition Staffers Head to K Street Despite Lobbying Ban
Politico – Theodoric Meyer and Michael Stratford | Published: 5/3/2017
Donald Trump barred people who worked on his transition from lobbying for six months afterward, but at least nine people who worked on transition have registered as lobbyists. Many are registered to lobby the same agencies or on the same issues they worked on during the transition. Because of the way the six-month lobbying ban was worded, the former staffers may not be violating it. Regardless, their trips from lobbying to government service and back run counter to Trump’s campaign promise to close Washington’s “revolving door.” They also raise questions about how rigorously the White House will enforce a separate five-year lobbying ban that applies to those serving in the administration.
While in White House, Trumps Remained Selling Points for ‘Very Special’ Philippines Project
Washington Post – Drew Harwell and Matea Gold | Published: 5/2/2017
Four months into President Trump’s tenure, his business relationship with a developer who is one of the Philippines’ richest and most powerful men has emerged as a prime example of the collision between the private interests of a businessperson in the White House and his public responsibility to shape U.S. foreign policy. The potential conflict first came into focus shortly before Trump was elected, when the Philippines’ president, Rodrigo Duterte, named the Trump Organization’s partner on a Manila real estate venture as his top trade envoy. Although promotional videos for Trump Tower in the Philippines were posted online in 2013, the continued presence of the president and his daughter, Ivanka, in marketing materials for the reflects the extent to which they remain key selling points even as they have vowed to distance themselves from their global real estate and branding businesses.
From the States and Municipalities:
Colorado – Colorado Supreme Court Hears Dispute on Whether Legal Fees Count as Political Donations
Denver Post – Tom McGhee | Published: 5/2/2017
The Colorado Supreme Court heard arguments in a case that could decide whether free, or reduced-cost, legal services provided to political groups should be considered contributions under the state’s campaign finance law. In a case stemming from the 2012 University of Colorado Board of Regents race, the Court of Appeals ruled legal services must be treated like political contributions, which limit the amount a single donor can give. The high court has stayed that ruling to allow time for justices to hear the case.
Massachusetts – Regulator Sees ‘Evidence of Violations’ at Thornton Law Firm
Boston Globe – Andrea Estes | Published: 4/29/2017
State regulators are recommending that Massachusetts Attorney General Maura Healey open a criminal investigation of nine lawyers at Boston’s Thornton Law Firm as well as seven of their spouses, concluding the firm’s longtime practice of reimbursing lawyers for political contributions may have broken multiple laws. Michael Sullivan, director of the state Office of Campaign and Political Finance, said in a letter to Healey his office had concluded there is “evidence of violations” of campaign finance laws that require political contributions be made in the name of the actual donor. He said the firm as well as 16 individuals may have broken the law. Sullivan’s letter marked the first time that state officials sought criminal prosecution in a “straw donor” case.
Minnesota – Allegations Against Dai Thao Campaign Reveal Law’s Complexity
Minneapolis Star Tribune – Jessie Van Berkel and Eric Roper | Published: 5/2/2017
The Minnesota Bureau of Criminal Apprehension will investigate allegations of a failed bribery solicitation by St. Paul City Councilperson Dai Thao. Media reports indicated Thao, who is running for mayor, pressured a lobbyist for “resources” before a council vote and his campaign manager later texted the lobbyist to say a campaign donation might get him to “rethink this issue.” Lobbyist Sarah Clarke rejected the offer, citing state bribery statutes. Minnesota law prohibits a public officer or employee from requesting benefits or reward with the understanding that it will influence their power or duties. In the past five years, however, only one public official or employee was convicted under the law.
Missouri – Missouri Governor to Pay Fee for Using Nonprofit Donor List
U.S. News & World Report – David Lieb (Associated Press) | Published: 4/29/2017
Gov. Eric Greitens was fined $1,000 by the Missouri Ethics Commission for violating the state’s campaign finance law. Greitens failed to disclose last year that his campaign obtained a donor list from The Mission Continues, a nonprofit he founded in 2007. Federal law prohibits charities like The Mission Continues from intervening in political campaigns on behalf of candidates. The IRS has ruled charities cannot give donor lists to politicians but can rent them at fair market value if made available to all candidates. The ethics panel said Greitens’ campaign should have disclosed receiving the donor list as an in-kind contribution from his campaign manager, Daniel Laub.
New York – City Pays for Mets Moment, Guided by Firm with Troubled Ties to de Blasio
New York Times – J. David Goodman | Published: 4/30/2017
Several hundred city workers, tourists, and passers-by gathered near the steps of City Hall as Mayor Dill de Blasio again marked the New York Mets’ 1986 World Series victory. The event offered Dwight Gooden, the former Mets pitcher whose battles with drug addiction caused him to miss the original festivities, a chance to relive the moment. The city paid for the event, which had been conceived as a scene for a television series in development, produced by the sports radio host Amy Heart. So how did Ms. Heart get the city not only to pay for the backdrop of a scene in a television pilot but also have the mayor take part? By enlisting the influential lobbying firm of James Capalino, a friend and longtime donor to de Blasio whose business skyrocketed with the mayor’s election.
South Dakota – South Dakota Ethics Bill Lost Teeth on Its Way to Becoming Law
Sioux Falls Argus Leader – Dana Ferguson | Published: 4/27/2017
Four retired judges will be appointed in the coming months to the new government accountability board, forming the nearest thing to a state ethics board that South Dakota has had in nearly four decades. Once convened, the panel will exist as a place for South Dakotans to bring concerns about government fraud, conflicts-of-interest, and other potential wrongdoing. The compromise bill creating the board cleared the Legislature in the wake of protests over lawmakers’ repeal of a major ethics and campaign finance law approved by voters in November. Critics said the new accountability board is at best a tepid step in the right direction and at worst a symbolic move to give lawmakers cover from criticism following the repeal of Initiated Measure 22.
Tennessee – Jeremy Durham Dismisses Campaign Finance Audit, Points Finger in Fiery Letter
The Tennessean – Dave Boucher and Joel Ebert | Published: 5/3/2017
Former Tennessee Rep. Jeremy Durham offered justifications for his actions in response to 690 possible campaign law violations leveled by election ethics officials. While denying essentially any wrongdoing, the 235-page response presented to state election finance officials points the finger at legislators, overly broad state laws, and human error. The allegations against Durham range from using campaign funds to improperly buy sunglasses, suits, and spa products to inappropriately loaning thousands of dollars to his wife, a prominent fundraiser, and a professional gambler.
Texas – How the Federal Case Against John Wiley Price Fell Apart
Dallas News – Jennifer Emily, Gromer Jeffers Jr., and Kevin Krause | Published: 4/28/2017
Dallas County Commissioner John Wiley Price was found not guilty of bribery and six other counts by a federal jury that considered whether he was abusing his public office to collect about $1 million in secret profits over a decade. The jury deadlocked on four tax-related counts and the judge declared a mistrial on those charges. Price is likely the most well-known politician to ever be prosecuted by the federal government in Dallas. His confrontational style and focus on the issues of race and economic equality have made him a controversial figure, but his constituents have re-elected him for three decades. The acquittal is a surprising defeat for the U.S. Justice Department and FBI, who have spent a decade investigating and prosecuting Price.
Vermont – House Passes Ethics Commission Bill with Some Reluctance
VTDigger.org – Mark Johnson | Published: 5/2/2017
The Vermont House passed a bill creating a state ethics commission, overcoming objections about a requirement that lawmakers disclose their spouses’ sources of income. The legislation also prevents lawmakers from becoming lobbyists within a year of leaving their seats, and restricts holders of no-bid state contracts of $50,000 or more from making campaign contributions to certain candidates. A conference committee will have to iron out the differences between the House and Senate versions before the legislation goes to Gov. Phil Scott.
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.
April 28, 2017 •
News You Can Use Digest – April 28, 2017
National: Can Elections Like Georgia’s Help Predict Future Races? New York Times – Jonah Engel Bromwich | Published: 4/19/2017 The recent congressional election in Georgia was billed as having potential national implications, as an early test of whether anti-President […]
National:
Can Elections Like Georgia’s Help Predict Future Races?
New York Times – Jonah Engel Bromwich | Published: 4/19/2017
The recent congressional election in Georgia was billed as having potential national implications, as an early test of whether anti-President Trump energy could fuel Democratic victory in a traditionally Republican district. It seems likely the same will be said for scattered upcoming special elections in other states. But political scientists and pollsters who analyze races for a living say so-called bellwether races are tricky to evaluate, if they even exist at all.
Some Public Pensions Help Trump, Report Shows
U.S. News & World Report – Julia Harte (Reuters) | Published: 4/26/2017
Public pension funds in at least seven U.S. states have invested millions of dollars in an investment fund that owns a New York hotel and pays one of President Donald Trump’s companies to run it. That arrangement could put Trump at risk of violating an obscure constitutional clause. The Trump SoHo Hotel and Condominium is owned by a Los Angeles investment group, the CIM Group, through one of its real estate funds. The possible problem for Trump lies in the fact that state- and city-run pension funds have invested in the CIM fund and pay it a few million dollars in quarterly fees to manage their investments in its portfolio. In return for marketing and managing the hotel-condo, CIM pays Trump International Hotels Management a percentage of the SoHo’s operating revenues. The Constitution bars the president from receiving additional payments beyond his salary from state governments.
Federal:
Flynn Probably Broke the Law by Failing to Disclose Foreign Payments, House Oversight Leaders Say
Washington Post – Karoun Demirjian | Published: 4/25/2017
Michael Flynn, President Trump’s first national security adviser, may have violated federal law by not fully disclosing his business dealings with Russia when seeking a security clearance to work in the administration, the top oversight lawmakers from both parties in the U.S. House sad. Rep. Jason Chaffetz, chairperson of the House oversight committee, said Flynn also appeared to have inappropriately accepted the funds without permission. The declaration came after Chaffetz and other members of the committee reviewed classified documents related to Flynn, including the form he filled out in January 2016 to renew his security clearance.
Sessions Vows to Enforce an Anti-Bribery Law Trump Ridiculed
New York Times – Charlie Savage | Published: 4/24/2017
Attorney General Jeff Sessions affirmed the U.S. Justice Department’s commitment to prosecutions under the Foreign Corrupt Practices Act (FCPA), which bars corporations from bribing foreign officials to gain a business advantage. Paul Pelletier, a former deputy chief of the fraud section of the Justice Department’s Criminal Division, said Sessions’ remarks were significant because of speculation about whether the administration would ease enforcement of the act. President Trump once called it a “horrible law.” The act was little invoked or discussed for years. But around 2005, the fraud section began enforcing it much more vigorously. It has rapidly become a major factor in business decisions about overseas operations, generating big fees for law firms and large fines for the government.
Slow Pace of Trump Nominations Leaves Cabinet Agencies ‘Stuck’ in Staffing Limbo
Washington Post – Lisa Rein | Published: 4/25/2017
President Trump’s Cabinet secretaries are growing exasperated at how slowly the White House is moving to fill hundreds of top-tier posts, warning the vacancies are hobbling efforts to oversee agency operations and promote the president’s agenda. The Senate has confirmed 26 of Trump’s picks for his Cabinet and other top posts. But for 530 other vacant senior-level jobs requiring confirmation, the president has advanced just 37 nominees. The nomination process has been slowed by the unusual degree of scrutiny the White House is giving job candidates. Prospective nominees for senior posts and even some of the more junior ones must win approval from competing camps inside the White House.
Trump Inauguration Admits Errors, Vows to Correct Numerous Faulty Donor Records
HuffPost – Christina Wilkie | Published: 4/25/2017
President Trump’s inaugural committee acknowledged it made errors in a list of donors submitted to the FEC. That admission followed an unusual crowdsourced reporting project, in which HuffPost reporter Christina Wilkie asked the public to examine more than 1,500 listings of individual donors and their addresses. That effort, along with others from other news organizations, seemed to turn up more than 300 examples where the data seemed not to match reality. The scores of mistakes contained in the FEC filing can largely be traced to a fundraising and ticketing system the Republican Party introduced this year, which provided special online access codes to Trump supporters.
From the States and Municipalities:
Alabama – U.S. Top Court Preserves Alabama Campaign Finance Curbs
Reuters – Andrew Chung | Published: 4/24/2017
The U.S. Supreme Court declined to hear a challenge to Alabama’s ban on the transfer of campaign contributions between PACs. The decision left in place an appeals court ruling that the 2010 law does not unconstitutionally restrict political speech. To comply with the law, the Alabama Democratic Conference established separate banks accounts for candidate contributions and its other expenditures. It then proceeded to sue to the state and the Alabama attorney general, arguing in the law violated its First and Fourteenth Amendment rights.
California – Blacklist of Border-Wall Contractors Advanced in California Senate
Courthouse News Service – Nick Cahill | Published: 4/25/2017
Contractors would have to choose between building a border wall between the U.S. and Mexico and doing business with California under a bill that advanced in the Senate. Senate Bill 30 would blacklist companies who help to build the controversial wall that President Trump has promised to construct. In addition, Assembly Bill 946 would force the state to drop its pension investments in any companies involved in the project. Lobbyists for contractors spoke out against the bill at a hearing, saying it would create a slippery slope. “What next unpopular project would we blacklist for contractors”” asked Todd Bloomstine of the Southern California Contractors Association.
Missouri – Fewer Missouri Lawmakers Are Bunking with Lobbyists
St. Louis Post-Dispatch – Kurt Erickson | Published: 4/21/2017
Four members of the Missouri Legislature and one former deputy attorney general have rented sleeping space from lobbyists this year, compared with eight last year. Staying in a room in a lobbyist’s home is an alternative to staying in a hotel near the Capitol, where lawmakers typically work from Monday afternoon to Thursday afternoon before heading back to their home districts. Some legislators buy condominiums, homes, or duplexes during their stints in office. Disclosure reports do not offer details on how much lawmakers are paying in rent.
North Carolina – Tar Heel Republicans Override Gov. Cooper Veto in Latest Partisan Clash
Raleigh News & Observer; Associated Press – | Published: 4/25/2017
The Republican majority in the North Carolina General Assembly voted to override Gov. Roy Cooper’s veto of plans to combine elections and ethics oversight under one state board. Under Senate Bill 68, the State Board of Elections and the State Ethics Commission would be merged into an eight-person board evenly divided between Democrats and Republicans. County elections boards also would be split evenly, going against the tradition of giving a one-person majority on the state and county boards to the party of the governor. Lawmakers voted in a December special session to combine the two state boards, but a three-judge panel declared that legislation unconstitutional, ruling lawmakers had overstepped their authority. Lawmakers tweaked Senate Bill 68 to address those concerns.
Pennsylvania – Phila. Board of Ethics Fines Teamsters Local 830
Philadelphia Tribune – Layla Jones | Published: 4/22/2017
The Philadelphia Board of Ethics cited Teamsters union Local 830 for failing to follow the city’s lobbying disclosure law. During the battle in city council over Mayor Jim Kenney’s proposed sweetened-beverage tax, the Teamsters paid Frank Keel to write opinion pieces opposing the levy. The ethics board said that amounts to lobbying. The law requires lobbyists to register and their clients to file reports disclosing what they have spent to influence city policy if it is more than $2,500 in one quarter. The board says the union paid Keel $5,000 for his services. The union will pay a $2,000 penalty. Keel, who was told to register as a lobbyist, was spared a fine.
Rhode Island – Panel: Probable cause that R.I. Supreme Court justice Flaherty violated ethics code
Providence Journal – Katie Mulvaney | Published: 4/25/2017
The Rhode Island Ethics Commission voted to find probable cause that state Supreme Court Justice Francis Flaherty violated the ethics code by failing to report his service on the board of a Catholic lawyers’ group. Helen Hyde filed a complaint faulting Flaherty for not indicating on his financial disclosure statements from 2010 to 2015 that he served as president of the St. Thomas More Society of Rhode Island. Hyde alleges Flaherty held that role while presiding over her appeal before the state Supreme Court. She alleged that a Roman Catholic priest sexually abused her more than four decades ago and sought to recover damages from the Roman Catholic Bishop of Providence. Flaherty wrote the decision denying Hyde and Jeffrey Thomas damages.
Virginia – Virginia Makes Key Adjustments to Law Governing Gifts to Officials, Adds New Lobbyist Gift Notification
National Law Review – Andrew Garrahan | Published: 4/26/2017
Virginia Gov. Terry McAuliffe signed House Bill 1854, which makes changes to the state’s lobbyist and gift laws. It eliminates a controversial exception to the $100 limit on lobbyist gifts to legislators and officials, adds a key new exception to that law, and includes an additional gift notification requirement for lobbyists, among other provisions.
Washington – ‘What’s Upstream?’ Ad Campaign Funded by EPA Did Not Break Federal Lobbying Rules, Investigation Finds
Seattle Times – Joseph O’Sullivan | Published: 4/24/2017
A controversial clean-water campaign funded by the U.S. Environmental Protection Agency (EPA) did not violate federal lobbying rules, an audit by the agency’s inspector general determined. The What’s Upstream? campaign included billboards and ads to raise awareness of water issues surrounding agricultural pollution in the Puget Sound region. Some Republican lawmakers accused What’s Upstream?, which included a form letter on its website for people to contact their legislators, of being an “anti-farmer campaign.” A letter signed by 145 members of Congress cited federal law that prohibits the EPA from using money for propaganda or advocacy without congressional approval.
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.
April 21, 2017 •
News You Can Use Digest – April 21, 2017
National: Social Media Is Not Contributing Significantly to Political Polarization, Paper Says New York Times – Jonah Engel Bromwich | Published: 4/13/2017 Many have argued that social media, where users can find their viewpoints reinforced with slanted news […]
National:
Social Media Is Not Contributing Significantly to Political Polarization, Paper Says
New York Times – Jonah Engel Bromwich | Published: 4/13/2017
Many have argued that social media, where users can find their viewpoints reinforced with slanted news stories and the partisan commentary of friends, has played a role in reinforcing political polarization. But a new paper from the National Bureau of Economic Research suggests the demographic groups that have experienced the most polarization in recent years are the ones least likely to be consuming media online.
Federal:
The $1 Million Upside for an RNC Digital Guru
Politico – Shane Goldmacher | Published: 4/18/2017
The Republican Party’s top digital strategist in 2016 got a nearly $1 million payout from a firm he co-founded that collected online contributions to the party and its nominee, Donald Trump, despite earlier claims the strategist had severed his ties to the company. Gerrit Lansing’s joint roles, while legal, have raised questions of cronyism and profit-making at the Republican National Committee (RNC), and now sparked an internal review “to prevent a situation like this from happening again,” the RNC said. Operatives representing multiple GOP presidential and Senate campaigns said Lansing pushed them to use the company he co-founded, Revv, to collect their online donations after he was hired for the top RNC job, and he used the fact that the RNC was using his platform as a selling point. Lansing was subsequently named to a top role in Trump’s White House.
United Airlines Spent Millions Fighting Proposals to Protect Passenger Rights
International Business Times – Frank Bass (MapLight) and David Sirota | Published: 4/12/2017
United Airlines, facing intense criticism over its recent removal of a passenger from an overbooked flight, has reportedly spent more than $40 million in lobbying over the last decade, including on efforts to block various pro-consumer proposals. An investigation found the airline spent nearly $7.3 million in the last two-year session of Congress, largely to fight legislation that, among many things, included measures to require airlines to allow families to sit together and bar airlines from charging customers to use bathrooms on flights. In addition to the money spent on lobbying, United reportedly spent millions of dollars on federal campaign contributions and was part of a successful effort to push President Trump’s administration to delay proposed rules regarding airline fee transparency, according to the review.
With Trump Appointees, a Raft of Potential Conflicts and ‘No Transparency’
New York Times – Eric Lipton, Ben Protess, and Andrew Lehren | Published: 4/15/2017
The New York Times, in collaboration with ProPublica, said that after analyzing reports from lobbyists and interviews with ethics officials, it appears at least two of President Trump’s appointees in the White House may have violated ethics rules. Determining whether the White House violated its own ethics rules by hiring lobbyists is a murky area, however, because the investigation also found the Trump administration had secretly been issuing waivers to the rules it first introduced in a stated effort to increase transparency. Trump signed an executive order in January eliminating a rule mandating that lobbyists could not accept jobs in federal agencies they had lobbied. The elimination of that rule blurred ethical standards for at least 4,000 executive hires, the investigation found.
From the States and Municipalities:
Alabama – Donors to Former Gov. Bentley’s ‘Dark Money’ Group Still a Mystery
AL.com – Kent Faulk | Published: 4/16/2017
A legislative report that detailed Alabama Gov. Robert Bentley’s affair with an adviser and intimidation tactics used to cover it up led to his resignation and guilty plea to two misdemeanor charges. But the special investigator and author of that report for the House Judiciary Committee could not shed any new light on who may have donated money to the Alabama Council for Excellence in Government. That non-profit, dark money group, which had been formed by Bentley, paid for at least part of the salary of his senior political adviser and love interest Rebekah Mason. Attorneys in at least three different lawsuits against the Bentley administration also have questions about the organization.
Alabama – For Alabama Christians, Governor Bentley’s Downfall Is a Bitter Blow
New York Times – Alan Blinder | Published: 4/11/2017
As governor, Robert Bentley would quote the Bible before the Alabama Legislature and say God had elevated him to the state Capitol. In his dermatology practice, in the city where he was a Baptist deacon, he sometimes witnessed to patients. And when he was a first-time candidate for statewide office, his campaign headquarters were often filled with volunteers from local churches. When Bentley resigned from office and pleaded guilty to campaign finance violations in the wake of the sex scandal that ended his 50-year marriage, his downfall reflected both enduring and contemporary challenges for evangelical voters. To many of the conservative Christians who unexpectedly propelled Bentley into power, his demise was a dispiriting setback in an age when they feel their values are under siege.
Alaska – Here’s Why Alaska Legislators, Staffers and Lobbyists Are Listening to Wu-Tang Clan
Alaska Dispatch News – Nathaniel Herz | Published: 4/17/2017
A new playlist with instrumentals from Wu-Tang Clan and Pink Floyd has won a fan base among Alaska lawmakers, lobbyists, and staffers stuck watching the Legislature’s public-access channel during extended breaks from debate. The music comes courtesy of Gavel Alaska, the public television program that streams House and Senate floor debates and committee hearings. The Legislature cuts off the station’s audio feed when lawmakers bang the gavel for an “at-ease,” prompting producers to turn up the music. This year’s new mix of music has produced some happy coincidences, such as when Wu-Tang’s “C.R.E.A.M.” (short for “Cash Rules Everything Around Me”) played during a break from the House’s debate on the operating budget.
Florida – Miami Lawmaker Apologizes on Senate Floor for Using Racial Slur
Miami Herald – Patricia Mazzei, Steve Bousquet, and Kristin Clark | Published: 4/19/2017
Amid calls for his resignation, Florida Sen. Frank Artiles apologized on the Senate floor for a tirade at a club that included making derogatory comments about a fellow senator and using a racial slur. He specifically apologized to Sen. Audrey Gibson, Sen. Perry Thurston, and Senate President Joe Negron. Shortly before the floor session, Negron stripped Artiles of his chairmanship of the Communications, Energy and Public Utilities Committee. Media reports said Artiles’ tirade apparently stemmed from being upset that Gibson had voted against bills he sponsored and had asked critical questions about the measures.
Illinois – Ethics Board Expands Illegal Lobbying Review after Tribune Report on Emanuel Email
Chicago Tribune – Bill Ruthhart | Published: 4/19/2017
The Chicago Board of Ethics found probable cause that an additional eight individuals and the companies they represent violated the city’s lobbying law over emails exchanges with Mayor Rahm Emmanuel. The board will send letters notifying them they likely violated the law. They will have 10 business days to respond, then the ethics panel will meet and make a final determination on the cases. In February, the board fined former Uber executive David Plouffe $90,000 for illegally lobbying Emanuel through email on the city’s ride sharing ordinance. The release of Emanuel’s personal emails has provided the board with details of lobbying activity it has not had the wherewithal to uncover itself.
Illinois – Independent Contractor Exemption Suffers Surprise Council Defeat
Chicago Sun-Times – Fran Spielman | Published: 4/19/2017
The Chicago City Council voted down a controversial measure that would have allowed people working for aldermen as independent contractors to avoid disclosing who else is paying them and exempted them from city ethics rules. Supporters wanted to carve out the exceptions, saying they mistakenly classified independent contractors as city employees in early 2016 when they updated the city ethics code. Aldermen contended it was unfair to categorize the contractors as employees because it would require them to disclose details about their own businesses that do not belong in the public realm. City Board of Ethics Chairperson William Conlon called the proposal “a very unhealthy secrecy that they are legislating into the laws of the city.”
Michigan – Macomb Co. Clerk Has Aide Call 911: Reporters harassing me
Detroit Free Press – Christina Hall | Published: 4/17/2017
Macomb County Clerk/Register of Deeds Karen Spranger’s turbulent first year in office hit another bump recently when she ducked into a restroom to avoid a television news reporter and then had an employee call 911 to report she “felt harassed” and wanted “reporters to stop asking her questions” about problems in her office. Spranger, who less than four months into her tenure is facing a federal whistleblower lawsuit and possible litigation on another matter, had Deputy Register of Deeds Jacqueline Ryan make two emergency calls. Deputies from the sheriff’s office were dispatched to the county administration building. The deputies explained to both Ryan and Spranger “that the press is within their constitutional rights to be on the premises of a public building and request comments from public employees.”
Missouri – Decrease in Lobbyists’ Gifts Hasn’t Limited Influence at the Missouri Capitol
Columbia Missourian – Sky Chadd | Published: 4/16/2017
The amount of money that lobbyists spend on Missouri lawmakers decreased in recent years, and many legislators promised not to accept lobbyists’ gifts or have them pay for meals. But that has not decreased their influence. Lobbyists still take lawmakers to lunch, though some pay for their own meal. They still testify at committee hearings, and they still converse with legislators in the Capitol’s rotunda. More than money, the most valuable thing lobbyists provide is information, lawmakers and lobbyists said. Legislators, in part because of term limits, have a short amount of time to understand the issues they vote on, and lobbyists can help fill in the gaps.
Missouri – Ethics 101: What defines a lobbyist in Missouri?
KSMU – Jennifer Moore | Published: 4/13/2017
Missouri law permits lawmakers to accept gifts like trips, meals, and tickets from lobbyists. And there is no limit on how much a lobbyist can spend on an elected official. Gov. Eric Greitens would like to ban lobbyist gifts, but with only a month left in this year’s legislative session, that may not happen this year. While that debate continues, KSMU offered a refresher on Missouri law regarding what defines a lobbyist.
Montana – Bullock Appoints Former State Lawmaker as Montana’s New Political Practices Commissioner
The Missoulian – Matt Volz (Associated Press) | Published: 4/19/2017
Gov. Steve Bullock appointed a former state lawmaker to be Montana’s top political watchdog. Jeff Mangan will replace Jonathan Motl as the commissioner of political practices. Mangan’s appointment must be approved by the state Senate. Motl’s term ended on January 1, but he has remained in office while a replacement was found. Republicans have said Motl has targeted them unfairly, a claim he has denied.
Texas – TABC Chief Will Resign after Agency Used Your Tax Dollars to Travel to Booze Industry Conferences
Dallas News – Dagney Pruner | Published: 4/18/2017
Texas Alcoholic Beverage Commission (TABC) Executive Director Sherry Cook said she will resign in May amid revelations she spent state money on expensive trips to conferences funded largely by liquor companies. The revelations came after the leak of an internal flyer portraying Cook and other agency leaders in an airplane drinking bottles of Lone Star Beer ahead of a conference in San Diego. The caption of the flier reads “Here we come California! Woo Hoo!!!” Cook and other liquor officials received additional benefits during their travels, including “hazardous duty pay” after they received training to be peace officers. The number of state-provided cars allocated to the TABC also more than doubled since 2008 because of the peace-officer training.
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.
April 14, 2017 •
News You Can Use Digest – April 14, 2017
Federal: Can Democrats Cuss Their Way Back to the White House? McClatchy DC – Alex Roarty | Published: 4/11/2017 After voters rewarded Donald Trump despite – or perhaps because of – his plain, often expletive-prone rhetoric, Democrats are suddenly […]
Federal:
Can Democrats Cuss Their Way Back to the White House?
McClatchy DC – Alex Roarty | Published: 4/11/2017
After voters rewarded Donald Trump despite – or perhaps because of – his plain, often expletive-prone rhetoric, Democrats are suddenly quite eager to adopt the language of America’s president. From the party’s new chairperson to a senator many believe will run for the White House in 2020, Democrats are letting loose four-letter words in public speeches and interviews, causing a small stir, at least in political circles, where swearing in public is usually off limits.
FBI Obtained FISA Warrant to Monitor Trump Adviser Carter Page
Washington Post – Ellen Nakashima, Devlin Barrett, and Adam Entous | Published: 4/11/2017
The FBI obtained a warrant to secretly surveil former Donald Trump aide Carter Page last summer under the Foreign Intelligence Surveillance Act. The FBI and Justice Department demonstrated probable cause that Page is acting on behalf of a foreign state to be granted the warrant. This is the clearest evidence so far the FBI had reason to believe during the 2016 presidential campaign that a Trump campaign adviser was in touch with Russian agents. Such contacts are now at the center of a probe into whether the campaign coordinated with the Russian government to swing the election in Trump’s favor. Page has not been accused of any crimes, and it is unclear whether the Justice Department might later seek charges against him or others.
Foreign Influence in the U.S. Cloaked in Unnecessary Obscurity, Watchdog Groups Say
Roll Call – Stephanie Akin | Published: 4/12/2017
The U.S. has required American citizens who lobby on behalf of foreign governments to register with the Department of Justice since 1938. Registrants are supposed to periodically update the government about their activities, including the materials they have distributed, meetings they have attended, and the payments they have received. The result is a large volume of paperwork that, if properly collected and maintained, could provide a window into the attempts of foreign governments to influence American lawmakers. But the technology the government uses to catalogue and store the data is so outdated that it is next to impossible to quickly find the answers to many basic questions, according to nonprofit groups familiar with the database.
Trump’s Trademark Continues Its March Across the Globe, Raising Eyebrows
New York Times – Sharon LaFraniere and Danny Hakim | Published: 4/11/2017
For most of last year, Donald Trump’s application to register trademarks for his brand of home accessories languished in a government office in Lima, Peru. But since he was elected in November, the pace has picked up. Peruvian officials say they are treating Trump’s trademark applications like anyone else’s and are acting on them now simply because his business representatives have answered outstanding questions. But to a team of constitutional lawyers, the pending Peruvian petitions are emblematic of the legal and moral perils in Trump’s continued ownership of his business empire. In a federal lawsuit that has set up a high-stakes legal battle with the administration, they argue the Constitution prohibits the president from accepting any economic benefit, including trademark approvals, from foreign governments.
From the States and Municipalities:
Alabama – Alabama Governor Resigns, Pleads Guilty to Charges Tied to Allegations He Tried to Cover Up Affair with a Top Aide
Washington Post – Amber Phillips | Published: 4/10/2017
Alabama Gov. Robert Bentley resigned rather than face impeachment and pleaded guilty to two misdemeanor campaign violations that arose during an investigation of his alleged affair with a top aide. The plea agreement specified he must surrender campaign funds totaling nearly $37,000 and perform 100 hours of community service as a physician. Bentley also cannot seek public office again. Bentley was first engulfed in scandal last year after recordings surfaced of him making sexually charged comments to Rebekah Mason. A House Judiciary Committee report said Bentley encouraged an “atmosphere of intimidation” to keep the story under wraps and directed law enforcement officers to track down and seize the recordings.
Massachusetts – Massachusetts Judge Upholds Ban on Corporate Contributions to Politicians
MassLive.com – Shira Schoenberg | Published: 4/6/2017
A Massachusetts law banning corporations from making political donations survived a legal challenge on when a judge ruled against two local business owners seeking to overturn the restriction. Superior Court Judge Paul Wilson found the law does not unconstitutionally discriminate against a business’s right to free speech or equal protection. He also ruled the Office of Campaign and Political Finance successfully showed the law treating unions and corporations differently “serves the anti-corruption interest” used by the state as justification for the law.
Mississippi – Bryant Signs Campaign Finance Reform into Law
Jackson Clarion-Ledger – Geoff Pender | Published: 4/11/2017
Legislation that would prohibit politicians from using their campaign finance funds for personal use was signed into law by Mississippi Gov. Phil Bryant. The new law comes after an ongoing investigative report by The Jackson Clarion-Ledger that illustrated how the state’s lax campaign finance laws and nearly nonexistent enforcement had created a tax-free second income for many Mississippi politicians, mostly funded by special interests.
Missouri – Ferguson Re-Elects White Mayor 2 Years After Mike Brown Incident
New York Times – John Eligon | Published: 4/5/2017
Although much of the activism for racial justice today stems from the killing of Michael Brown by a white police officer in Ferguson, Missouri, voters in the town re-elected James Knowles III, a white Republican who has been the object of much scorn among those who believe the city has discriminated against black people. About 67 percent of the city’s 21,000 residents are black, and 29 percent are white. Some activists are now assessing what is happening politically for black people and whether there needs to be a complete rethinking of how they engage with mainstream politics.
Nevada – What Is a Conflict of Interest? Lawsuit against Reno Lawmaker Might Decide.
Reno Gazette-Journal – Seth Richardson | Published: 4/8/2017
State Sen. Heidi Gansert works for the University of Nevada, Reno as executive director of external relations, Gansert’s focus is on economic development for the university. The Nevada Policy Research Institute (NPRI) filed a lawsuit that argues her job presents a conflict-of-interest to her role as a state senator. As a university employee, Gansert is a part of the Nevada System of Higher Education in the executive branch. As an elected lawmaker, she is serving in the legislative branch and votes will come up on a variety of higher education bills. Gansert’s case is not isolated and illustrates the sometimes precarious positions of lawmakers professional careers and public service. With Nevada’s citizen legislature, lawmakers almost always have an outside job. Sometimes, those two lives can seem at odds with each other.
New Jersey – N.J. Election Watchdog: State needs pay-to-play reform
Bergen Record – Nicholas Pugliese | Published: 4/6/2017
Political contributions made by New Jersey’s public contractors declined in 2016 for the third year in a row, but the Election Law Enforcement Commission (ELEC) remains concerned about the rise of PACs and issue-advocacy groups that are not subject to “pay-to-play” restrictions and disclosure requirements. New Jersey law generally bars any company with a contract worth more than $17,500 from giving more than $300 to gubernatorial candidates and party fundraising committees. Any contractor that gives money must disclose that to the ELEC.
New Mexico – Governor Vetoes Campaign Finance Reform
New Mexico In Depth – Trip Jennings | Published: 4/7/2017
New Mexico Gov. Susana Martinez vetoed legislation that would have required greater public disclosure by those who spend big money in campaigns. Senate Bill 96 would have updated the law to address the proliferation of unlimited election fundraising and spending by independent groups since a 2010 U.S. Supreme Court decision. It would have required any groups making independent campaign expenditures before primary or general elections to report the source of their money. The bill also would have doubled campaign contribution limits for lawmakers.
New Mexico – Martinez Vetoes Bill to Close Lobbyist Loophole
New Mexico In Depth – Sandra Fish | Published: 4/6/2017
New Mexico Gov. Susana Martinez vetoed legislation that aimed to close a loophole in the state’s lobbying law that was created last year. Because of the veto, lobbyists will not need to report expenses on lawmakers and other public officials under $100, as they did prior to the current law taking effect. The bill’s sponsor, Sen. Daniel Ivey-Soto, said Martinez told him it was unclear if Senate Bill 393 required aggregate reporting of all expenses less than $100 or specific reporting of every expense once a $100 threshold was reached.
New York – On Ethics, Cuomo Budget Entered Like a Lion and Emerged Like a Lamb
New York Times – Lisa Foderaro | Published: 4/11/2017
Despite the recent convictions of the leaders of both the Assembly and the Senate, and indictments against some of New York Gov. Andrew Cuomo’s own associates, state lawmakers failed to take up a raft of ethics proposals included in the governor’s executive budget. Their absence in a $153 billion budget, which included a roster of contentious items, left watchdog organizations, academics who study Albany, and even some legislators doing a collective tsk-tsk. Some blamed the Senate for putting up the most resistance to reforms; others criticized Cuomo for not making them a priority.
Oklahoma – LGBTQ Group’s Capitol Visit Prompts Mass Email About ‘Cross-Dressers in the Building’
Tulsa World – Randy Krehbiel | Published: 4/10/2017
An email telling teenage pages that “there are cross-dressers in the building” caused a furor in the Oklahoma Capitol. The email, by a House staffer who oversees the page program, was apparently prompted by the visit of about 70 LGBTQ students from the Tulsa area who were lobbying mostly on behalf of HIV awareness and education funding and support. Their presence prompted Karen Kipgen, supervisor of the page program, to arrange for pages to use private staff and member restrooms. Kipgen also sent a mass email saying “As per the Speaker’s office, Pages are being allowed access to the ladies restroom across from 401, for today. Again, there are cross-dressers in the building.”
Oklahoma – State Officials Disclosing Fewer Facts Than Ever About Their Personal Finances
Oklahoma Watchdog – Molly Bryant | Published: 4/8/2017
Each year, Oklahoma legislators and statewide elected officials must report details about their personal finances to alert the public to potential conflicts-of-interest. This year, however, they generally will be asked to report fewer facts than ever – that is, since the disclosure rules were approved in 1994. The Oklahoma Ethics Commission has revised the disclosure form and slashed the number of state employees required to file it, from nearly 6,000 to 362. Those who must file do not have to reveal as many potential sources of income outside of their state jobs. Unlike before, they also do not have to disclose all contracts they have with a state agency or all income-producing relationships with registered lobbyists.
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.
April 3, 2017 •
Monday’s Government Relations and Ethics News
Campaign Finance Arizona – “Arizona Secretary of State’s Website to Track Political Spending Triples in Cost” Mary Jo Pitzl for Arizona Republic Michigan – “‘Shadowy’ 527 Political Groups Would Have to Report Finances Under New Bill” by Emily Lawler for […]
Campaign Finance
Arizona – “Arizona Secretary of State’s Website to Track Political Spending Triples in Cost” Mary Jo Pitzl for Arizona Republic
Michigan – “‘Shadowy’ 527 Political Groups Would Have to Report Finances Under New Bill” by Emily Lawler for MLive.com
New York – “De Blasio Stymied in Attempt to Pay Legal Fees with Donations” by J. David Goodman for New York Times
Ethics
“Ivanka Trump, Shifting Plans, Will Become a Federal Employee” by Rachel Abrams and Maggie Haberman for New York Times
Florida – “Bribery Attempts in Miami Beach Drop, But They Still Happen, Ethics Survey Shows” by Joey Flechas Miami Herald
Pennsylvania – “Have Bribery, Fraud and Abuse of Power Become Synonymous with ‘Pennsylvania’?” by Jan Murphy for PennLive.com
South Carolina – “South Carolina Ports Agency Suspends Payments to Consultant Richard Quinn During Statehouse Corruption Probe” by David Wren for Charleston Post and Courier
Virginia – “Feds Looking into Any ODU Payments, Gifts to Ex-Norfolk Sheriff Bob McCabe” by Scott Daugherty for The Virginian-Pilot
Washington – “Head of Public Disclosure Commission Stepping Down in May” by the Associated Press for U.S. News and World Report
March 31, 2017 •
News You Can Use Digest – March 31, 2017
Federal: 2 White House Officials Helped Give Nunes Intelligence Reports New York Times – Matthew Rosenberg, Maggie Haberman, and Adam Goldman | Published: 3/30/2017 Two White House official were involved in giving House Intelligence Committee Chairperson Devin Nunes access to […]
Federal:
2 White House Officials Helped Give Nunes Intelligence Reports
New York Times – Matthew Rosenberg, Maggie Haberman, and Adam Goldman | Published: 3/30/2017
Two White House official were involved in giving House Intelligence Committee Chairperson Devin Nunes access to intelligence reports that seemed to show that President Donald Trump and his associates were incidentally included in surveillance efforts. The New York Times reported that multiple sources said Ezra Cohen-Warrick, senior director for intelligence at the National Security Council, and Michael Ellis, a lawyer who used to work for Nunes and is now in the White House Counsel’s Office, helped Nunes get the information. American officials said the reports consisted primarily of ambassadors and other foreign officials talking about how they were trying to develop contacts within Trump’s family and inner circle in advance of his inauguration.
A Former Trump Administration Appointee Who Left Without Signing Ethics Pledge Is Now a Lobbyist
Washington Post – Matea Gold | Published: 3/29/2017
Robert Wasinger, a former campaign official and transition team member for Donald Trump, served briefly as White House liaison to the State Department before joining McGuireWoods Consulting as senior vice president of its federal public affairs group in February. He registered recently as a lobbyist for Verizon and Inovio Pharmaceuticals. Ethics experts said it is troubling that there are now two examples of early Trump appointees who left without committing to the lobbying ban.
From the States and Municipalities:
Arizona – Arizona Firefighters Have Grip on Financial Power in Local Elections – But Should They?
Arizona Republic – Jessica Boehm | Published: 3/28/2017
In 2015 and 2016, firefighter union PACs across Arizona donated hundreds and sometimes thousands of dollars to mayoral or city council candidates they often had never met. In total, 31 firefighter union PACs donated more than $250,000 to 59 city council and mayoral candidates in Arizona. Firefighter leaders say their campaign donations are noble efforts to ensure their communities are run by politicians who will do the best job for the community. Others question the power and legality of city employees so actively involved in electing council members, the people who will decide matters such as their wages and department budgets.
California – PG&E to Pay $86.5 Million for Backdoor Lobbying of Regulators
KNSD – Jaxon Van Derbeken | Published: 3/28/2017
Pacific Gas & Electric (PG&E) will pay $86.5 million in a settlement over corruption allegations that followed a fatal pipeline explosion in San Bruno. The announcement comes in the wake of the disclosure of a series of improper communications and back-channel deals linked to the disaster. The utility’s inappropriate actions also affected gas-pipeline operations in San Carlos. Under pressure, PG&E agreed to release 65,000 emails sent between 2010 and 2014. In them, critics found proof of an overly cozy relationship between top officials at PG&E and regulators both before and after the explosion that killed eight people.
Connecticut – Ted Kennedy Jr.’s 2014 Campaign, Still Under Scrutiny, Shows Election-Reform Troubles
Hartford Courant – Edmund Mahoney and Jon Lender | Published: 3/29/2017
Ted Kennedy, Jr. in his 2014 campaign for the Connecticut Senate signed a contract promising to limit campaign spending to a grant of about $95,000 in taxpayer money he received under the state’s Citizen Election Program, the landmark campaign finance reform its supporters claim is a model for keeping special interest money out of elections. But records show Kennedy and the Democratic Party spent almost four times that much on his campaign, using a loophole opened by an amendment pushed through the Democrat-controlled state Legislature the year before. The Democratic State Central Committee paid about $288,000 to cover “organizational expenditures” on the Kennedy campaign – after family, friends, and business associates of Kennedy donated about $300,000 to the committee.
Florida – Florida Paid Law Firm for Meeting with House Speaker
U.S. News and World Report – Gary Fineout (Associated Press) | Published: 3/27/2017
Blurring the lines between his role as an up-and-coming legislator and his job as an attorney, the law firm of House Speaker Richard Corcoran once charged the state for a meeting with Corcoran in his capacity as a lawmaker. Billing records show the firm of Broad and Cassel charged the state’s economic development agency ahead of a meeting between its affiliate, the state Division of Bond Finance, and Corcoran – putting the meeting in the crosshairs of a new review by Gov. Rick Scott of potential conflicts-of-interest. Corcoran said he was unaware his firm asked to be paid to prepare for the meeting with him. He said he and all lawmakers are routinely asked by friends and colleagues to meet with people to discuss issues and problems they have with state government.
Illinois – Campaign Donation Limits Lifted in Illinois Governor’s Race
Northwest Herald – Sophia Tareen (Associated Press) | Published: 3/27/2017
Chris Kennedy’s roughly $250,000 donation to his own campaign has lifted spending caps in what is expected to be another big money race for Illinois governor. Kennedy’s contribution follows Gov. Bruce Rauner’s record-setting $50 million donation to his own re-election bid last year. But Rauner’s contribution did not remove the limits because of how early the donation was made. When a self-funded statewide candidate or family member gives more than $250,000 in the 12 months before an election, the caps are lifted for all candidates. Illinois’ gubernatorial primary is March 20, 2018.
Illinois – Court Strikes Down Ban on Campaign Contributions from Medical Marijuana Licensees
Illinois Policy – Jacob Huebert | Published: 3/24/2017
An Illinois law banning state marijuana growers and sellers from making campaign contributions has been struck down as unconstitutional. U.S. District Court Judge John Lee ruled the legislation, passed in 2013, the same year the General Assembly voted to legalize medical marijuana, violates free speech rights guaranteed by the First Amendment. Lee said the state had provided no justification for banning contributions from the medical cannabis industry while not banning donations from any other regulated industries.
Iowa – House Ethics Committee Admonishes Americans for Prosperity Lobbyist
Des Moines Register – Brianne Pfannenstiel | Published: 3/22/2017
The Iowa House Ethics Committee voted to issue a letter admonishing Americans for Prosperity lobbyist Drew Klein for failing to register his position on a controversial bill scaling back collective bargaining rights. State law requires lobbyists to register their support or opposition to legislation moving through the Capitol to create transparency. The committee said Klein did not officially register his support of House File 291 until after it had already been under discussion. That prompted a complaint from the Iowa Federation of Labor.
Missouri – Goodbye to All That? Missouri Lawmakers Dragging Feet on Lobbyist-Gift Ban
St. Louis Public Radio – Marshall Griffin | Published: 3/24/2017
There has been no movement for nearly two months on bills that would ban gifts from lobbyists to Missouri lawmakers. The House passed House Bill 60 on January 17, and a Senate committee conducted a joint hearing on it and on the Senate version, Senate Bill 305. With the legislative session scheduled to end on May 12, it remains to be seen whether what was once a strong priority for Republicans will pass at all.
New Jersey – 2 Christie Allies Are Sentenced in George Washington Bridge Scandal
New York Times – Nick Corasaniti | Published: 3/29/2017
Two former aides to New Jersey Gov. Chris Christie were sentenced to prison for their role in a political revenge plot involving traffic jams at the George Washington Bridge, a scandal that sank Christie’s presidential aspirations. Bill Baroni, Christie’s appointee to the Port Authority of New York and New Jersey, was sentenced to two years, and Bridget Kelly, Christie’s former deputy chief of staff, received 18 months. The government’s star witness, David Wildstein, testified he and the co-defendants sought to retaliate against a Democratic mayor for not endorsing Christie’s re-election. Christie was not charged with any wrongdoing. But his version of events – that he was not aware that anyone in his office was involved until months after the fact – was contradicted by testimony from multiple people.
New Mexico – What Financial Disclosure Forms Don’t Require Reveal as Much as What They Do
New Mexico In Depth – Sandra Fish | Published: 3/23/2017
New Mexico In Depth created a database of the information in financial disclosures filed by lawmakers this year. The disclosures do not just reveal potential conflicts for lawmakers. In fact, sometimes the forms do not reveal much at all. The watchdog group Ethics Watch has noted that reporting requirements are unclear and lawmakers interpret them in a variety of ways. New Mexico is the only state in the nation that does not pay lawmakers. So, they typically have outside jobs that can pose conflicts-of-interest with their work at the Capitol.
Oregon – Lax Conflicts of Interest Rules Let Oregon Lawmakers Keep Quiet About Their Ties
Portland Oregonian – Gordon Friedman | Published: 3/26/2017
Oregon law allows officials to make decisions financially benefitting a class of people equally, even if the state lawmaker is a member of that group. That means it is perfectly legal for Oregon lawmakers to sponsor and vote for bills that benefit people in the occupation they hold or the type of companies their families work for. Regardless of potential conflicts, lawmakers are not allowed under Senate and House rules to recuse themselves from voting. They are required only to announce prior to voting that a potential conflict exists. Failing to disclose a conflict can result in censure or other discipline. But the onus is also on lawmakers to self-report.
Pennsylvania – Judge Mid-Trial Dismisses All Charges in Pennsylvania Pay-to-Play Case
Pittsburgh Post-Gazette – Angela Couloumbis and Craig McCoy (Philadelphia Inquirer) | Published: 3/27/2017
U.S. District Court Judge John Jones III has thrown out a “pay-to-play” case against an investment adviser accused of bribing Pennsylvania’s former treasurer to get state business. Jones said prosecutors had not proven that favors were traded in exchange for campaign contributions from defendant Richard Ireland. Prosecutors had relied on testimony from former state Treasurer Rob McCord, who pleaded guilty two years ago to extortion charges after being caught strong-arming contributions from campaign donors, including some who had state contracts. But during testimony, McCord provided such lukewarm support for the government’s case that prosecutors grew increasingly short with him, almost treating him as a hostile witness.
Texas – Liquor Regulators Partying on Taxpayers’ Tab
Texas Tribune – Jay Root | Published: 3/24/2017
The Texas Alcoholic Beverage Commission (TABC) has spent at least $85,000 on out-of-state travel since the 2011 fiscal year, much of it on liquor industry conferences. Almost $17,000 has been paid to the National Conference of State Liquor Administrators (NCSLA), an industry trade group that brings liquor interests and government regulators together, for registration and membership fees over the same period. TABC Director Sherry Cook says the NCSLA’s meetings provide training and networking opportunities that help keep her agency abreast of the complicated regulatory structure in various states. Critics say they are junkets that waste precious tax dollars while raising troubling questions about the cozy relationship between the government regulators and powerful corporate interests.
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.
March 24, 2017 •
News You Can Use Digest – March 24, 2017
Federal: Despite a Trust, Ivanka Trump Still Wields Power Over Her Brand New York Times – Rachel Abrams | Published: 3/20/2017 Ivanka Trump, who moved to Washington saying she would play no formal role in her father’s administration, is now […]
Federal:
Despite a Trust, Ivanka Trump Still Wields Power Over Her Brand
New York Times – Rachel Abrams | Published: 3/20/2017
Ivanka Trump, who moved to Washington saying she would play no formal role in her father’s administration, is now officially setting up shop in the White House. The powerful first daughter has secured her own office on the West Wing’s second floor. She is also in the process of obtaining a security clearance and is set to receive government-issued communications devices. In everything but name, Trump is settling in as what appears to be a full-time staffer in her father’s administration, with a broad and growing portfolio, except she is not being sworn in, will hold no official position, and is not pocketing a salary, her attorney said. Watchdogs immediately questioned whether she is going far enough to eliminate conflicts-of-interest, especially because she will not be automatically subjected to certain ethics rules while serving as a de facto White House adviser.
Ethics Watchdogs Make a Career of It
Roll Call – Kate Ackley | Published: 3/16/2017
Norm Eisen, President Barack Obama’s White House ethics czar, and Richard Painter, an ethics lawyer from the George W. Bush administration, have teamed up to become two of the most vocal critics of President Donald Trump’s conflicts-of-interest. They not only sued the president within days of his inauguration, they have also appeared regularly on television and testified on Capitol Hill. Though government ethics law may seem a lonely pursuit, leading a resistance against the Trump team’s web of potential ethics woes clearly is not. “I never imagined that White House ethics experts would be in such demand,” Eisen said.
From the States and Municipalities:
Florida – Will Legislators Lift the Veil on ‘Dark Money’ in Florida Politics?
Bradenton Herald – Mary Ellen Klas (Miami Herald) | Published: 3/19/2017
In the ramp-up to the annual legislative session, before the self-imposed fundraising ban takes effect, Florida’s most politically powerful corporations seed hundreds of thousands of dollars in campaign cash into the committees of legislators. But getting all the details on who got what is impossible. Florida law allows groups that accept contributions from corporations to legally distribute money to other political committees, including those controlled by legislators, without reporting the original source of the cash. The practice of shielding political spending from public view has fueled the “dark money” trend in politics that has allowed groups to launch political attacks in campaigns without fear of being traced.
Illinois – Emails to Emanuel Raise Questions About Dozens of Possible Lobbying Violations
Chicago Tribune – Bill Ruthhart and Hal Dardick | Published: 3/21/2017
The Chicago Tribune reviewed over 2,600 pages of Mayor Rahm Emanuel’s personal emails, and found 26 instances where lobbyists, corporate executives, and longtime Emanuel associates and campaign donors sought action from, or access to, the mayor or city officials but did not register as a lobbyist or report their contact to the city ethics board. Some of those who sent emails pitching their business said they did not believe their actions qualified as lobbying or they were not familiar with the city’s ethics rules. But if the board determines someone sought to influence City Hall action but did not register as a lobbyist, it can fine the individual $1,000 per day from five days after the initial contact until they register.
Massachusetts – Construction Firm, Owner Pay $150,000 for Campaign Finance Violations
Boston Globe – Frank Phillips | Published: 3/22/2017
A Massachusetts business owner and his construction company have paid $150,000 for disguising the true source of campaign contributions. The Office of Campaign and Political Finance said J. Derenzo Companies gave $37,000 to employees and their family members to reimburse them for donations they made to nine candidates, including Gov. Charlie Baker and former Gov. Deval Patrick. The contributions were reported as coming from the individuals. State law prohibits disguising the true origin of a donation and bans corporate contributions. The company and its owner, David Howe, agreed to pay $125,000 to the state’s general fund. Howe also gave $25,000 to a charity with personal funds as part of the agreement.
Mississippi – Politicians Will See Campaign Spending Curbed
Hattiesburg American – Geoff Pender | Published: 3/22/2017
The Mississippi Legislature passed a campaign finance reform measure that would restrict politicians’ spending campaign money on personal expenses and provide for some enforcement and oversight by the state Ethics Commission. Gov. Phil Bryant is expected to sign the bill into law, to take effect January 1. Experts have called Mississippi’s lack of rules and transparency on campaign money – and allowing it to be used for personal expenses – “legalized bribery,” with special-interest cash making its way into politicians’ pockets after it runs through their campaign accounts. Campaign money is shielded from tax, ethics, bribery, and other laws because it is ostensibly to be used for campaigning and records of it are supposed to be open to the public.
New Mexico – Voters Will Decide Future of State Ethics Commission Proposal
New Mexico Politics – Steve Terrell (Santa Fe New Mexican) | Published: 3/16/2017
New Mexico voters will decide next year whether to create an independent ethics commission to shore up trust in government after a string of corruption scandals. The Legislature approved a constitutional amendment that calls for creating a seven-member body to investigate ethics violations and apply sanctions. The vote capped a decades-long effort by government watchdog groups and select lawmakers to put ethics complaints in the hands of an independent authority.
New York – Lobbyist in Libous Case Reaches $10k Settlement, as Legal Questions Remain
Albany Times Union – Chris Bragg | Published: 3/17/2017
Lobbyist Fred Hiffa, whose firm made payments to a law firm employing the son of late New York Sen. Thomas Libous at a time it regularly lobbied the once-influential politician, agreed to pay $10,000 to settle ethics charges. The Joint Commission on Public Ethics (JCOPE) said Hiffa arranged for payments totaling $50,000 over one year to the law firm that employed Libous’ son. Libous was convicted of lying to the FBI about his son’s arrangement. But some legal experts said the gift ban law at the center of JCOPE’s case does not seem to apply to the Libous matter, as well as the case of former Sen. Dean Skelos, who was convicted on corruption charges relating to companies hiring his son.
New York – No Charges, but Harsh Criticism for Mayor de Blasio
New York Times – William Rashbaum | Published: 3/16/2017
Prosecutors said New York City Mayor Bill de Blasio and his aides will not face criminal charges for their role in soliciting donations for the mayor’s campaign and an affiliated nonprofit group, the Campaign for One New York. The investigation involved accusations that de Blasio and his aides gave favorable treatment to donors who contributed to his 2013 mayoral election campaign. Also at issue is whether the de Blasio team illegally raised money for several key state senate races. Acting U.S. Attorney Joon Kim said the decision not to file charges was based, among other things, on the high burden of proof required in prosecuting serious public corruption cases, the clarity of existing law, and the difficulty in proving criminal intent in corruption schemes where there is no evidence of personal profit.
North Carolina – Judges Issue Split Ruling on NC Governor-Legislature Power Struggle
Charlotte Observer – Anne Blythe (Raleigh News & Observer) | Published: 3/17/2017
A three-judge panel delivered a mixed decision in the power struggle between Gov. Roy Cooper and legislative leaders in North Carolina. The General Assembly passed two laws that require Senate confirmation of Cooper’s cabinet secretaries, cut the number of state positions to which the governor can appoint supporters, and overhauled the structure of North Carolina’s state and county elections boards. The panel agreed with Cooper that the law calling for combining the State Board of Elections and the State Ethics Commission was unconstitutional. The judges also ruled that a provision cutting the number of at-will policy-making and managerial positions in Cooper’s administration should be blocked. The judges upheld the Senate’s right to confirm the governor’s cabinet secretaries, saying Cooper has not demonstrated his administration will be hurt by the law.
Oklahoma – Oklahoma State Senator Faces Charges and Condemnation
New York Times – Matthew Haig | Published: 3/17/2017
Oklahoma Sen. Ralph Shortey was accused in a child prostitution case of offering to pay a 17-year-old boy for sex. Shortey was charged with three felony counts one week after police found him with the teenager in a hotel room. The maximum punishment, if convicted, is 25 years in prison. The Senate voted to punish Shortey for “disorderly behavior.” The unanimous vote stripped him of most of his privileges at the Capitol, including his office and parking space.
Pennsylvania – D.A. Seth Williams Indicted on Corruption, Bribery-Related Charges
Philadelphia Inquirer – Jeremy Roebuck, David Gambacorta, and Chris Brennan | Published: 3/21/2017
Philadelphia’s top prosecutor was charged with taking more than $160,000 in luxury gifts, Caribbean trips, and cash, often in exchange for official favors that included help with a court case, according to a bribery and extortion indictment. Federal prosecutors said District Attorney Seth Williams also spent $10,000 from a joint account he shared with a relative meant for the relative’s nursing home costs. The indictment caps a nearly two-year investigation into Williams’ financial affairs. In January, the city Board of Ethics imposed its largest fine ever, $62,000, on Williams for failing to disclose gifts and sources of income, and accepting gifts from prohibited sources.
Pennsylvania – Former Top Allentown Bureaucrat Francis Dougherty Pleads Guilty, Implicates Mayor
Allentown Morning Call – Emily Opilo | Published: 3/22/2017
Former Allentown Managing Director Francis Dougherty pleaded guilty to a conspiracy charge in an ongoing FBI “pay-to-play” corruption probe. Prosecutors say Dougherty helped rig a $3 million contract to replace the city’s streetlights so it would go to a company whose executives and consultants gave thousands of dollars in campaign contributions to Mayor Ed Pawlowski. The mayor has not been charged, but he matches the description of the unnamed public official in court papers. As part of his plea deal, Dougherty must continue to cooperate with prosecutors concerning his knowledge of and participation in political corruption in Allentown.
South Carolina – Veteran State Sen. Courson of Columbia Suspended from Office after Misconduct Indictment
The State – John Monk | Published: 3/16/2017
One of South Carolina’s longest-serving senators has been indicted on ethics charges tied to veteran powerbroker Richard Quinn. A grand jury indicted Sen. John Courson on misconduct in office and using campaign donations for personal expenses. All three charges are tied to Courson’s payments to Quinn’s political consulting firm. Lt. Gov. Kevin Bryant suspended Courson pending the case’s resolution. The indictments allege Courson gave Quinn’s firm nearly $248,000 and received back nearly $133,000 for personal use. The Quinn firm has not been charged with any wrongdoing.
Texas – Dallas City Council Overhauls Ethics Rules; Mayor Mike Rawlings Lauds Changes as ‘Remarkable’
Dallas News – Tristan Hallman | Published: 3/22/2017
The Dallas City Council approved changes to the ethics law. The reforms include lowering the gift-reporting threshold to $250, requiring attorneys and law firms representing clients – along with leaders of associations – to register as lobbyists, and prohibiting city council members from discussing ongoing contract bids. Council members voted down several of their colleagues’ attempts to include additional changes. The ordinance will take effect on July 1, 2017.
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.
February 24, 2017 •
NYCU Video Digest – February 24, 2017
See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!
See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!
February 24, 2017 •
News You Can Use Digest – February 24, 2017
Federal: Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017 President Trump’s ouster of national security adviser Michael Flynn, and the circumstances […]
Federal:
Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House
Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017
President Trump’s ouster of national security adviser Michael Flynn, and the circumstances leading up to it, have become a major crisis for the fledgling administration, forcing the White House on the defensive and precipitating the first significant breach in relations between Trump and Congress. Senate Majority Leader Mitch McConnell said it was “highly likely” the events leading to Flynn’s departure would be added to a broader probe into Russian meddling in the U.S. presidential election. Intercepts showed Flynn discussed U.S. sanctions in a phone call with the Russian ambassador, a conversation topic that Flynn first denied and then later said he could not recall. McConnell’s comments followed White House revelations that Trump was aware “for weeks” that Flynn had misled Vice President Pence and others about the content of his late December talks with Russian Ambassador Sergey Kislyak.
Report Shows ‘Untapped Power’ of Constituent Advocacy
Roll Call – Bridget Bowman | Published: 2/13/2017
The Congressional Management Foundation released a report highlighting more than a decade’s worth of its surveys that show how citizens can best influence lawmakers. According to the group’s research, citizens who show up in person and are well-prepared with facts and arguments can have a sizable impact on undecided legislators. But recent flare-ups at town hall meetings across the country have also demonstrated the impact of constituents who show up and make their voices heard. Bradford Fitch, one of the report’s authors, said phone calls and emails are not necessarily the most effective ways of communicating with legislators, and neither is a confrontation. “When you’re yelling, Congress isn’t listening,” Fitch said.
Trump Campaign Aides Had Repeated Contacts with Russian Intelligence
New York Times – Michael Schmidt, Mark Mazzetti, and Matt Apuzzo | Published: 2/14/2017
Intercepted calls and phone records show several aides and allies to President Trump’s campaign were in contact with senior Russian intelligence officials. Current and former U.S. officials who spoke with The New York Times said the contacts were discovered during the same time that intelligence agencies were investigating Russia’s extensive hacking campaign, later determined to be aimed at helping Trump win the White House. The agencies sought to learn whether the Trump campaign was colluding with the Russians on the hacking or other efforts. The officials interviewed said so far, they had seen no evidence of such cooperation. But the intercepts alarmed American intelligence and law enforcement agencies, in part because of the amount of contact that was occurring while Trump was speaking glowingly about Russian President Vladimir Putin.
Who is Donald McGahn, the Fiery Lawyer at the Center of Virtually Every Trump Controversy?
Washington Post – Matt Zapotosky and Sari Horwitz | Published: 2/14/2017
As White House counsel, Donald McGahn is supposed to provide the president with legal guidance on the thorniest issues of the day, and to manage disputes between power players inside the administration and the various executive agencies. McGahn has been at the center of virtually every controversy during the Trump administration. He is a veteran campaign finance lawyer and former member of the FEC. Before taking over the role in the administration, he worked at the Jones Day law firm and as general counsel to the Trump campaign. He is a consummate Washington insider, but like the man for whom he works, he has an independent streak, those who know him say. “Don is not a buttoned-down guy,” said Bradley Smith, a law professor at Capital University and longtime professional friend of McGahn.
From the States and Municipalities:
Florida – At Miami’s Airport, There’s Economy, First Class and … Politician
Miami Herald – Douglas Hanks | Published: 2/8/2017
A new report from the Miami-Dade ethics commission chastised the county-owned Miami International Airport for offering elected officials VIP treatment, including golf-cart rides, cutting to the front of security and Customs, and other courtesies normally reserved for foreign dignitaries. Investigators concluded most of the trips by officeholders came during official government business. But there are multiple mentions of personal travel too, including trips to visit sick relatives and other unspecified vacations. The airport’s Protocol Office arranged four escorts for Rebeca Sosa, a county commissioner, and three for her sister. “These are unexplained,” the report said of the sibling’s VIP transits.
Florida
These Lawmakers Are On the Payroll of Firms That Lobby the Legislature
Sarasota Herald-Tribune – Zac Anderson | Published: 2/12/2017
The Florida Bar Association once issued a formal ethics opinion effectively prohibiting state lawmakers from working at firms that lobby the Legislature. That ethics opinion was rescinded in 1999 and now at least six Florida lawmakers, including the House speaker, work for law firms that lobby the Legislature. Those who defend the practice say there are provisions in state law and legislative rules to address any conflicts-of-interest. Some also argue that restricting such employment would discourage well-qualified individuals from serving in the Legislature because they would have to give up their jobs with big firms.
Kentucky – GOP Senators Want to Cut Sex Harassment Training
Louisville Courier-Journal – Morgan Watkins | Published: 2/13/2017
A few Republican state senators want to eliminate required sexual harassment training for lawmakers and cut back on the ethics-related instruction they receive, citing concerns about the effectiveness of those initiatives. Sen. John Schickel is sponsoring a bill would repeal existing requirements for lawmakers to go through sexual harassment and workplace harassment training. It also would require Kentucky legislators to sit through only 30 minutes of ethics-related instruction each January instead of the three hours currently mandated by state law. “It’s nothing more than political correctness training,” Schickel said. “If you don’t have good manners and good values when you come to Frankfort, I can assure you Frankfort will not teach them.”
Maryland – Gov. Hogan’s Office Has Blocked 450 People from His Facebook Page in Two Years
Washington Post – Ovetta Wiggins and Fenit Nirappil | Published: 2/8/2017
After a deluge of comments asking that he denounce President Trump’s controversial travel ban, Maryland Gov. Larry Hogan’s office blocked numerous posters and deleted their messages from his Facebook page. Gubernatorial spokesperson Doug Mayer said the governor’s office has blocked 450 people since Hogan took office two years ago. The office does not have a specific policy for handling comments on Hogan’s page, which has more than 146,500 likes. Mayer said most of the removed comments were “vulgar, derogatory, hateful or racist,” but aides have also deleted those that are a part of an organized effort. Erich Sommerfeldt, a public relations professor at the University of Maryland, said deleting negative comments, rather than responding to them, can hurt a company or public figure’s brand.
Missouri – Campaign Contribution Law Bans Corporation Donations to All Candidates
Missouri Times – Benjamin Peters | Published: 2/14/2017
Constitutional Amendment 2, which was approved by Missouri voters in November, places limits and rules on how candidates and committees can accept donations, including how much can be given. A recent advisory opinion from the Missouri Ethics Commission says the new law prohibits a corporation or labor organization from making direct contributions to a campaign committee, candidate committee, exploratory committee, or political party. That means no corporation may contribute to a candidate’s campaign at the statewide level. But with the race for St. Louis mayor and a number of local and municipal elections weeks away, the question has been raised of whether these rules apply to municipal election.
New Jersey – N.J. Election Agency Could Soon Fill Key Posts
Bergen Record – Salvador Rizzo | Published: 2/14/2017
Gov. Chris Christie and Democratic senators have struck a deal to reactivate New Jersey’s election watchdog agency, which has been toothless for nearly a year, unable to hold meetings or punish candidates who violate campaign finance restrictions. Senate Democratic leaders said they expect to fill all of the vacancies by March 13 on the Election Law Enforcement Commission (ELEC). Restoring ELEC to its full power is key to ensuring the integrity of this year’s election for governor, all 120 legislative seats, and hundreds of local races, experts said. Three persistent vacancies on ELEC’s four-member board have prevented it from holding meetings since last March, an unprecedented 11-month stretch of inactivity since the agency was founded in 1972.
North Carolina – N.C. Supreme Court Blocks Law Stripping Governor of Election Oversight Powers
Winston-Salem Journal – Richard Craver | Published: 2/13/2017
The North Carolina Supreme Court blocked a state law that strips the new Democratic governor of powers to oversee elections. A lower appeals court briefly let the law to take effect, allowing a revamped state elections board to meet for the first time. It is one of the changes passed in December that shifted power over running elections away from Gov. Roy Cooper. The law ends the practice of allowing the governor’s party to hold majorities on all state and county elections boards. Elections board positions would be evenly divided between major-party partisans. Republicans would control elections during even-numbered years, typically election years. It also combines the State Board of Elections with the campaign finance, lobbying, and ethics commissions into one state agency.
Tennessee – Amid Ongoing Durham Scandal, Probe Shows Problems with Law
The Tennessean – Joel Ebert and Dave Boucher | Published: 2/13/2017
A recent state audit that said former Rep. Jeremy Durham violated Tennessee’s campaign finance law is “packed with problematic stuff” that may provide fertile ground for an ongoing federal probe, said former U.S. Attorney Jerry Martin. The scrutiny on Durham shines a light on the state campaign finance law, created with light punishments by those it is intended to police. In addition, Durham’s actions outlined in the audit offer a glimpse of the criminal consequences he could face.
Texas – How Blind Is This Texas Oil Regulator’s Blind Trust, Managed by His Brother-in-Law?
Dallas News – Steve Thompson | Published: 2/7/2017
Since his election to a seat on the Texas Railroad Commission in 2014, Ryan Sitton has voted on dozens of issues involving energy companies that hire his firm, Pinnacle Advanced Reliability Technologies. Its business is helping clients ensure equipment stays reliable. Many of these issues have come before the oil and gas commission as part of its consent agenda, where items of no controversy are packaged together for approval. But a few have been contentious, and Sitton has played big roles in deciding them. Not once has Sitton disclosed a relationship or recused himself. Texas law prohibits state officials from voting on matters in which they have a “personal or private interest” and requires them to publicly disclose such conflicts. But the law does not clearly define a “personal or private interest.”
Vermont – Scott Administration Discourages Fraternizing with Lawmakers, Lobbyists
Vermont Press Bureau – Neal Goswami | Published: 2/10/2017
Vermont Gov. Phil Scott reportedly has directed staff and administrative personnel to avoid fraternizing after hours with legislators and lobbyists, but some observers say the directive is unrealistic in tiny Montpelier. Many states have codes of conduct for state employees and officials to follow regarding lobbyists, as do the federal government and the armed forces. But how realistic is Scott’s directive given the long tradition of lawmakers, lobbyists, and state officials rubbing – and bending – elbows together after hours?
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.
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