By a vote of 6-1, the Bergen County Board of Freeholders has, for the second time in less than a year, reformed the county’s pay-to-play laws.

Essentially reversing the May 2013 bill, Monday’s resolution lowers the allowed contribution from no-bid county contractors from $5,200 to $2,000.

Freeholder John Felice, the only individual to vote against the bill, worries it may result in only wealthy citizens running for office.

Phil Mendelson, the chairman of the Council of the District of Columbia, introduced a bill that would bar people who made political contributions from obtaining contracts or doing other business with the city.

Mendelson said the motivation behind his bill was to end the perception of pay-to-play in Washington, D.C.

By a vote of 6-1, the Bergen County Board of Freeholders introduced a resolution to reverse last year’s pay-to-play ordinance.

The resolution would lower the allowed campaign contribution from no-bid contractors from $5,200 to $2,000.

County Executive Kathleen Donovan vetoed last year’s limits but is said to support the latest introduced changes.

The Ethics Commission has approved a regulation providing a method for candidates and campaign committees to comply with due diligence requirements of the pay-to-play restrictions.

Code section 1.126 prohibits a city or county contractor from contributing to a candidate who can determine whether a contract is awarded.

Regulation 1.126-7 will require the contributor to certify he or she is not an not an owner, director, officer, or named subcontractor of any entity currently negotiating or recently awarded a contract with the city, county, or other covered agency.

The regulation is effective January 24, 2014.

The DuPage County Board repealed its pay-to-play provisions after learning from the state’s attorney’s office the provisions were unenforceable. As a non-home rule county, the county did not have the power to act on limiting campaign contributions because it was not specifically granted that power by the state legislature.

The changes were enacted as part of an otherwise minor update to the county’s ethics code. Provisions requiring disclosure of campaign contributions by contractors remain in place.

Treasurer Mark J. Saladino announced his office will no longer do business with securities brokers making political contributions to school bond campaigns. The pay-to-play policy is an attempt to prevent campaign donations from influencing the hiring of underwriters by school districts. The policy is also expected to increase competition between dealers and save taxpayer dollars.

Under the new policy, underwriters must not donate to school bond measures if they want to qualify for the treasurer’s list of investment banks and securities dealers eligible to sell county bonds. The restriction applies to monetary donations, non-monetary contributions, and pre-election services.

In statewide surveys, virtually every securities broker hired by a school district contributed to the district’s bond campaign and was retained without competitive bidding. A recent study focusing on California school bond issues found post-election fees paid to underwriters making contributions were on average $27,576 more than those paid to brokers not contributing.

Lobbying

“August recess now high season for interests lobbying lawmakers” by Matea Gold in The Washington Post.

Massachusetts: “Mass. casino lobbying tapering off on Beacon Hill as firms train money on host communities” by Steve LeBlanc (Associated Press) in The Republic.

Oklahoma: “Freshman Oklahoma lawmaker top recipient of lobbyist attention” by Michael McNutt in The Oklahoman.

Wisconsin: “Lobbying spending by public unions drops sharply” by The Associated Press in the Miami Herald.

Campaign Finance

“Report: Dead donors gave $586K” by Tal Kopan in Politico.

Texas: “New Open-Source Tool Gives Texans Faster Access to Campaign Finance Data” by Miranda Neubauer in TechPresident.

Ethics

“Congressional Pressure on FEC Criticized” by Kent Cooper in Roll Call.

Maryland: “Ethics complaint questions Vallario’s dual roles as legislator and lawyer” by John Wagner in The Washington Post.

Oklahoma: “Outdated software plagues Oklahoma Ethics Commission” by Michael McNutt in The Oklahoman.

Pay-to-Play

New Jersey: “Bill would close loophole in N.J. pay-to-play law” by Claudia Vargas in the Philadelphia Inquirer.

Government Tech and Social Media

“Georgia Saving Millions with Open Source Technology” by Brian Heaton in Government Technology.

From the State Legislatures

“The rise of one-party rule in the states” by Craig Gilbert in the Journal Sentinel.

California: “Lawmakers make final push” by Melody Gutierrez in The Sacramento Bee.

California: “Crunch time: Deals loom as clock ticks” by Greg Lucas in Capitol Weekly.

California: “Assembly returns without supermajority” by Christopher Arns in the Sacramento Business Journal.

On May 15, the Bergen County, New Jersey Board of Chosen Freeholders voted to override County Executive Kathleen A. Donovan’s veto of the new pay-to-play ordinance that passed on May 1.

This is the second pay-to-play ordinance vetoed by the county executive in the last eight months. On October 5, 2012, Donovan had vetoed a prior pay-to-play measure passed by the Board.

Freeholder Ordinance 13-06 changes the code to include lowering the debarment period for future county contracts from four years to one year. Under the new ordinance, contractors will also be able to make political contributions up to $5,200 to county political parties.

According to NorthJersey.com, another vote on the ordinance is required because the public notice for the legislation was not properly published. The board next meets on Wednesday, May 22.

Bergen County, New Jersey County Executive Kathleen A. Donovan has vetoed the Board of Chosen Freeholders’ new pay-to-play ordinance that passed on May 1.

This is the second pay-to-play ordinance vetoed by the county executive in the last eight months. On October 5, 2012, Donovan had vetoed a prior pay-to-play measure passed by the Board.

In her press release, the county executive called the newer legislation “an ill-conceived attempt to weaken what has been described as one of the strongest ordinances banning pay-to-play in the State of New Jersey.” Among the reasons cited by Donovan for the veto of Freeholder Ordinance 13-06 are the increase in contribution limits and the weakening of penalties for those found in violation of the pay-to-play law.

Because the new ordinance initially passed by a 6-1 vote, the veto could be overridden by the Board in a future vote.

The Bergen County New Jersey Board of Chosen Freeholders passed an ordinance yesterday modifying the county’s pay-to-play laws.

NorthJersey.com reports the Board voted 6-1 in favor of changes to the code that include lowering the debarment period for future county contracts from four years to one year. Contractors will also be able to make political contributions up to $5,200 to county political parties.

The ordinance must next go to County Executive Kathleen Donovan. Executive Donovan vetoed prior pay-to-play measures last year. If the ordinance is not vetoed, or if a veto is overridden, it will become effective 20 days after publication.

Freeholder Maura DeNicola cast the single vote against the ordinance, calling it “an incumbent protection program” according to NorthJersey.com.

In the 2012 Annual report issued by the New Jersey Election Law Enforcement Commission (ELEC) on April 15, the Commission listed several recommendations and ideas to strengthen the state’s campaign finance and lobbying laws.

ELEC recommends requiring disclosure from super PACs and non-profit groups organized under Section 527 and Section 501(c) of the IRS code, requiring disclosure of lobbying activity by local vendors who are required to report pay-to-play contributions, and expanding the 48-hour notice requirement for continuing PAC expenditures to require the filing of notices for expenditures made in May municipal, runoff, school, and special elections.

Among its other recommendations, ELEC calls for the state to expand the regulation of “wheeling” to include contributions by county political party committees to other county political party committees during the entire year.

In the report, the Commission also lists general ideas to strengthen the laws, including requiring grassroots lobbying materials to list the name and address of the committee paying for the material, increasing penalties for public financing violations, and banning the use of partnership funds for the purpose of making contributions.

The annual report can be found here.

From the States and Municipalities:

California – Legislative Staffers Lavished with Gifts

Indiana – Indiana Speaker Pro Tem Turner Defends Supporting Company Daughter Represents as Lobbyist

Kentucky – Kentucky Group Is the PAC That Couldn’t Shoot Straight

Montana – Montana House Panel Kills Bill to Disclose ‘Dark Money’ in Campaigns

Nebraska – Golf Tops List of Gifts Dave Heineman Reported

New Jersey – Bergen County Freeholders Introduce Plan to Relax Pay-to-Play Restrictions

New Jersey – In N.J. Governor’s Race, Christie and Buono Choose to Keep Some Donors Secret

New York – Sandra Lee OK’d for Takeoff

Ohio – Cuyahoga County Prosecutor McGinty Pursues Corruption Charges against Those Brought Down in Federal Probe

Pennsylvania – Pennsylvania Turnpike Scandal Has Some Eyeing a Pay-to-Play Law

Pennsylvania – Senate Passes Three Bills to Strengthen Transparency and Efficiency in State Government

South Carolina – National GOP Campaign Arm Withdraws Sanford’s Financial Support

Tennessee – Bill Fails That Would Raise Campaign Contribution Limits, Allowing Direct Corporate Donations

Texas – Exotic Trips, Luxury Gifts Are Perks of Elective Office

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

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

Lobbying

“Former Rep. Connie Mack joins lobby firm” by Kevin Bogardus in The Hill.

Washington: “66 Wash. lobbyists get warning letters for lack of transparency” by Austin Jenkins on KPLU.org.

Campaign Finance

“Proposal could drag political funding into the light” by Michael Kirkland in the United Press International.

“Influence of big-money ‘SuperPACs’ not so clear” by Aaron Delatte in the Orlando Sentinel.

“Members of Congress Fill War Chests for Next Campaign” by Kent Cooper in Roll Call.

California: “Universities Join Effort to Overturn Citizens United Decision” by Anjuli Sastry on ABC News.

Florida: “Lawmakers raking in contributions even as they debate campaign law changes” by Jim Saunders in the Daytona Beach News-Journal.

Maryland: “Massive Campaign Finance Revamping Awaits Gov. O’Malley’s Pen” by The Associated Press on WNEW.

Missouri: “Ethics rules changes considered for KC leaders, employees” by Mike Hendricks in the Kansas City Star.

Missouri: “Time running short for Mo. campaign finance issues” by The Associated Press in the San Francisco Chronicle.

New York: “Public financing of campaigns could be a key issue in Albany” by Tom Wrobleski in the Staten Island Advance.

New York: “Senator Carlucci Unveils New Campaign Finance Reform Proposal” by Michael Riconda in the Rockland County Times.

Texas: “$27 Million Republican Political Donor Dies” by Kent Cooper in Roll Call.

Vermont: “Vt. Senate passes campaign finance law” by The Associated Press in the Boston Globe.

Ethics

Connecticut: “Donovan Campaign Manager Pleads Guilty” by Dave Altimari in the Hartford Courant.

Pennsylvania: “Latest Pa. scandal has some eyeing pay-to-play law” by Marc Levy in the Beaver County Times.

Texas: “Ethics commission up for review at Legislature” by Chris Tomlinson (Associated Press) in the Houston Chronicle.

Texas: “Exotic Trips, Luxury Gifts Are Perks of Elective Office” by Emily Ramshaw in the Texas Tribune.

Texas: “A Slim Chance for Lawmakers to Self-Regulate” by Ross Ramsey in the Texas Tribune.

From the State Legislatures

Nevada: “It’s roundup time for Nevada legislators, bills” by Sandra Chereb (Associated Press) in the Las Vegas Review-Journal.

Ohio:  “Former Rep. Charlie Wilson of Ohio dies at 70 after suffering stroke” by Jonathan Easley in The Hill.

Elections

“Alaska Legislature passes elections bill” by Joshua Berlinger (Associated Press) in the Anchorage Daily News.

Social Media and Government Technology

“Top Phoenix lobbyists sound off on the impact of social media” by Dale Brown in the Phoenix Business Journal.

“TechPresident Podcast: ‘Open Government’” by Nick Judd on TechPresident.

On December 19, 2012, the Jersey City, New Jersey City Council adopted a number of new pay-to-play measures while tabling another competing version of changes.

City ordinance 12-158 limits vendors winning no-bid contracts from making political contributions over $200 to committees for local state senate, local state assembly, and school board candidates, and to other entities, associations, and forms of association required to register annually with the New Jersey Election Law Enforcement Commission.

Vendors are also prohibited from participating in voter-registration drives, get-out-the-vote activities, and advertising for municipal candidates.

Once signed by the Mayor, the ordinance takes effect on January 8, 2013. City ordinance 12-157, with alternate pay-to-play measures, was tabled by the city council.

Photo of the Jersey City skyline by Gryffindor on Wikipedia.