Question: I am planning to give a state legislator a permissible gift. I know I need to include it on my next lobbying disclosure report. Do I need to worry about anything else to make sure I am compliant with state laws?

Answer: Yes, some states have additional requirements when an expenditure is made on a covered state official or employee. You may be required to provide the official with a notification or file additional reports.

California requires filers reporting gifts aggregating $50 or more in a calendar year to an official to provide the beneficiary with the date and amount of each gift reportable and a description of the goods or services. This information must be provided to the beneficiary within 30 days following the end of each calendar quarter in which the gift was provided.

In Virginia, lobbyists must send each legislative and executive official who is required to be identified by name on schedule A or B of the Lobbyist’s Disclosure Form a copy of schedule A or B or a summary of the information pertaining to that official. Notifications are due to the official by January 10 for the preceding 12 months. Additionally, lobbyists must send post-session notifications to covered officials summarizing all gifts made by the lobbyist during the period beginning on January 1 complete through adjournment sine die of the regular session.

Maryland requires additional reporting for certain permissible expenditures. A lobbyist who invites all members of a legislative unit to a meal or reception must, at least five days before the date of the meal or reception, extend a written invitation to all members of the legislative unit and register the meal or reception with the Department of Legislative Services on Form 13E by filing the report electronically. A post-event filing is then required within 14 days after the date of the meal or reception meal or reception.

Proper gift disclosure can involve more than simply including the gift on your normal lobbying disclosure reports. It is always a good idea to check the jurisdiction’s specific disclosure requirements on our website prior to giving a gift.

You can find this information under the “Reports Required” section of the U.S. Lobbying Compliance Laws online publication.

I have been thinking a lot lately about the term “allyship,” and what it truly means to me as I continue to move through my DEI journey. Does it mean calling out unfairness or injustice against another right when it occurs? Or does it mean advocating for not only your basic human and civil rights but also the rights of another — even though you may not always see eye-to-eye with them? I would argue that allyship encompasses both things (among many others), and so I challenge you (and myself) to consider how we “show up” for others each day?

Are we “showing up” for our family, friends, colleagues, members, and clients in ways that are both meaningful and authentic? If you are not quite where you would like to be in this allyship space (I know I am not!), that’s ok – we are all on a continuous path of learning, growing, and reflection, and there is always room to do and be better!

The next time you have an opportunity to “show up” meaningfully and authentically for someone, recognize and honor that as an opportunity to connect with and support another fellow human being! You may never know just how much of an impact you might have on them by showing that you are genuine, you are thoughtful, and you are a true ally!

What are you doing today to help create change within your organization?

I have a confession to make…When I first heard the term “diversity” I immediately thought about the word only in terms of how it relates to race and gender. While these identifiers do encompass a huge role when we talk about diversity, race and gender are only a fraction of the many factors that go into making a person the unique individual they are.

Political ideology, education, family background, health, and religious affiliation are just a few examples of the ways an individual’s thinking, outlook, and perspective can be shaped. I use myself as exhibit A: I’m a registered Independent, who is college-educated and was raised by a single mother. I have a pre-existing condition and though I was raised Baptist, I am currently non-practicing. All of these factors make up the diverse person you know (or now know) as Gamble Hayden – my true, authentic self!

The next time you think about diversity, whether it be within your personal or professional spaces, I would like for you to consider the following:

• Do I recognize the value in and importance of having diverse voices as part of the conversation?
• Am I encouraging (and empowering) others to “show up” as their authentic selves?
• What is one change that I will make TODAY to embrace a unique someone?

It is one thing to say that we value diversity, but it’s a whole other thing to truly “walk the talk”! I encourage you to take that next step – I know you can do it!

What are you doing today to help create change within your organization?

Meet Emone Smith, Finance Administrative Assistant!

What are your areas of expertise?

I am a Finance Assistant.

How many years of experience do you have at State and Federal Communications?

I have been at State and Federal Communications for 9 years.

How do you help our clients?

I triage calls from the clients to everyone in the company from the President and CEO, associate directors, and managers. I am the first person they hear when they call the company and I make sure to answer with a smile. I also assist the Comptroller in dealing with processing all client invoices and payments making sure their records are accurate.

Cookies make the world a better place.

Elizabeth Bartz has once again supported the Girl Scouts in an extraordinary way. This year, she bought 1077 boxes of cookies from girl scouts in six states, helping 86 scouts in the process! “I love helping the Girl Scouts and I didn’t eat a single cookie!” said Bartz.

The giving didn’t stop there. On Saturday, May 7, 741 boxes of cookies were donated to Annunciation Greek Orthodox Church’s Good Samaritans, a group that provides a monthly food distribution to families in need. Another 200 boxes were given to the Philoptochos Backpacks program serving the students at Robinson Elementary School in Akron. One hundred boxes went to Annunciation’s coffee hour after church, and 36 boxes to the staff of Greenfield Estates memory facility.

We are calling this the Cookiepalooza 2022!

State and Federal Communications remains committed to strengthening our community through corporate philanthropy, community engagement, sustainability, and Diversity, Equity, and Inclusion. We are happy to present our CSR Annual Report for 2021. In this report, you will find not only this company’s efforts from the previous year, but also a testament to its longevity.

“There is no quick path to a successful CSR program. It takes culture-building, determination, and accountability. It takes everybody on the team.” -Elizabeth Bartz, President and CEO

To view the 2021 CSR annual report, please click here!

Thank you for your interest in our Corporate Social Responsibility Program.

Meet John Cozine, Esq., Associate Director, Compliance Services!

What are your areas of expertise?

I’ve done it all in my time here, but most of my work focuses on lobbyist registration and reporting, gifting questions, procurement lobbying, and revolving door issues.

How many years of experience do you have at State and Federal Communications?

More than 16 years.

How do you help our clients?

I’m the primary point of contact for many of our clients, so they frequently come to me first with questions. I either answer their questions or connect them with the appropriate Manager who can assist them. As the person in charge of the Compliance Department I ensure all of our clients’ filings are made on time so they can stay out of the newspapers.

Question: For federal income tax purposes, our organization has been using the aggregate amounts reported on our quarterly LD-2 lobbying activity report as our non-deductible lobbying expenses.  Can the expenditures we compile for LDA reporting be used interchangeably for tax purposes?

Answer: In a word: maybe – depending on the method of LDA reporting you’ve opted to follow.  If you file your LD-2 report using the IRC definitions (method C), then the number you compile and report on your LD-2 can be used interchangeably for tax purposes.  However, if you compile and report your quarterly lobbying expenditures using LDA definitions (method A), the results will not accurately reflect non-deductible lobbying expenses as defined by the IRS.  Because the definition of “lobbying” differs between the LDA and the IRC, the two compilation methods will produce very different results.  If you use LDA definitions to compile your quarterly LD-2, your organization must employ a second process by which to determine your non-deductible lobbying expenses for tax purposes.  A lobbying registrant can determine each year which method they will use to compile the LD-2 report.  Once a method has been selected, a registrant must use that method for all four quarterly reports during that year.  The upcoming first quarter report is a good time to revisit the compilation method used and make changes if elected for 2022.

For more information about filing methods and reporting requirements visit our online publication Federal Lobbying Compliance Law section.

Every week we discuss the articles from lobbycomply.com and see which ones are opened the most often. No question about it, Ask the Experts—Employee Personal Political Contributions is the #1 blog post…Every single week.

The question is easy—”Before I can make a political contribution using my own funds, my employer requires that I obtain permission first.  Can my employer legally do this?”

As is the answer—Yes.

Employers may require employees to seek preapproval before making personal political contributions. Not only can your employer require this, but it’s also smart business to do so. Employers may even require preapproval from family members of employees.

This preapproval requirement has evolved because of the increased number of jurisdictions enacting pay-to-play laws. A seemingly innocuous contribution by an employee could result in the loss of government contracts, fines, and a ban on future contracting. Criminal sanctions may apply when repeated violations occur. By requiring pre-approval, your employer can properly vet the contribution for compliance with a jurisdiction’s pay-to-play law, including disclosure requirements.

In most jurisdictions, employees covered by pay-to-play laws include officers, partners, directors, senior management, salespersons, and their spouses and dependent children. In Pennsylvania and Kentucky, all employees are covered in the instance of a no-bid contract.

Requiring preclearance of employee personal political contributions is certainly preferable than imposing a ban on employee contributions, which could result in a violation of applicable labor laws. Various jurisdictions bar employers from retaliating against employees for engaging in political activities, which can include everything from participating in a political rally to making campaign contributions. Even though an employer can require preapproval, an employer cannot directly or indirectly affect an individual’s employment by means of discrimination or threat of discrimination based on the individual’s personal political contributions.

We have a busy election year ahead of us…and it continues until November 2024. Protect the company and ask before making political contributions. As I always say, this is not an issue where you can ask for forgiveness first…Obtain permission before proceeding.      I suggest you always plan your contributions before saying YES to the candidates calling and sending invitations. Make sure you do not exceed the limitation in the jurisdiction.

If you have questions about this, give me a call. I have a detailed Excel chart detailing my contributions so I know how much I have given per election. In fact, Nola Werren on my staff has that spreadsheet because she will let me know if I am exceeding the limit…I think my husband, John Chames, would do the same, but definitely in a louder tone!!!!!

Thank you.

EB
@ elizabethbartz

Tell me about Torchbearers. What is the organization? Torchbearers is a volunteer-run organization founded in 2003 to strengthen the connection between Akron-area nonprofits and emerging leaders as well as to further efforts to attract and retain emerging leaders in Greater Akron. The organization is a bridge between established leadership of the community and leaders of the future. Torchbearers works with more than 150 local organizations, including the Akron-Canton Regional Foodbank, the Akron Snow Angels, Downtown Akron Partnership, and the International Institute of Akron.

Tell me a little bit about your membership and involvement. I was selected to join the Torchbearers Class of 2021 beginning January 1. In February, I joined the Leadership & Development Committee of Torchbearers facilitated by Executive Director Jeremy Lile of Heart to Heart Communications. The Leadership & Development Committee provides Torchbearers with a year-long curriculum devoted to personal and professional development, board leadership, and community exposure.

When does this group meet? The Leadership & Development Committee of Torchbearers meets virtually on the fourth Thursday of every month in the evenings. Additionally, our committee plans and executes bimonthly Leadership & Development sessions for first-year members on the topics of strengths and personal awareness, communications, collaboration, and leading change.

How do you see Torchbearers as a way to develop your leadership in the community? As a member of the Leadership & Development Committee, I am shaping my individual and collective leadership styles while increasing my engagement in the community. On June 2, I co-planned and hosted a Leadership & Development session on the theme of collaboration. I invited guest panelists from Community Legal Aid Services and the International Institute of Akron to share with first-year members the collaborative work being done to support immigrant and refugee communities in Akron.

What is your favorite part of being a member of Torchbearers? The social interaction at in-person events! Torchbearers hosted its first in-person member event on the evening of June 22 at the Akron Art Museum, and it was a great way to finally meet my fellow members I had been engaging with virtually.

Thank you very much, Joanna. I am inspired by your leadership in the community. All the best to you and your Torchbearers experience!

How long have you been associated with the Akron Rotary Camp? I have been associated with Rotary Camp for four years now. I started my first summer in 2017 and worked two summers and two off-seasons. This summer, I am trying to get out and help and see the staff and campers whenever I can.

Who are they and what do they do? Akron Rotary Camp offers a full summer camp experience to children and adults with special needs. They offer eight weeks of overnight and day camp for all ages and ability levels with trained staff to handle every situation. The mission statement of camp is to live in a world where there are only abilities.

Why is this important to you? Camp is a special place for me because stigma and ability level does not exist at Akron Rotary Camp. When you are at camp, you do not see limitations or barriers, but rather, children enjoying the pure joy of the summer camp experience. This is so important to me because I personally believe camp is a truly unique place where people can get out of their comfort zone, make friends, and learn things about themselves in different ways than they would in a typical day. Our campers are only seen as campers and that is a profound and powerful view of how I want to see the world around me.

How have you been volunteering with them? After I worked my summers at camp, I worked a lot of off-season weekend respites and still try to take a weekend here and there to get out there at least once or twice a year. In the past months, volunteering has been tougher, as activities were limited to staff and a short list of campers, but this summer I intend on going down on some weeknights when I am free and help in whatever capacity I can.

Am I remembering correctly that you did a Polar Bear Jump into freezing water? You are remembering correctly! I did a Polar Bear Jump to raise money to send kiddos to camp. The jump is an annual event but proceeds go to Rotary Camp every other year, so you can bet that if it is one of those years, I will be jumping in that frozen water.

How can people get involved with Akron Rotary Camp? People can get involved with camp in any capacity that they want. A good start is by following their social media accounts and seeing what events are coming up. They are always having fundraisers, volunteer opportunities, and community outreach to get involved with. Secondly, if you know any young adults who needs a seasonal job and could excel in a role at camp, please let them know about camp!

Thank you very much, Ben!

What made you decide to try mentoring in the iCARE Mentoring program?
It all started when Community Outreach at Kent State encouraged students to become a mentor for the iPromise program, to help high school students prepare for success in college and discover their interests. I volunteered because I thought it was an important role that would have a positive impact on Akron youth.

How would you describe your role as a mentor?
Since joining, iCARE mentoring has shifted its focus from primarily college readiness, and now puts more emphasis on helping students build constructive relationships with adults and providing overall support for students from the community. My role as a mentor varies over time, but so far has included serving as a motivator, a tutor, and a friend.

What is your favorite thing about this program?
My favorite thing about being a mentor is being able to host a safe space for the mentee to be open and talk about whatever is on their mind. Even though it’s only for an hour a week, I think it’s very beneficial for the student to have a mini escape from the day-to-day pressures of being in school and being surrounded by teachers and other students.

If someone is interested in trying mentoring next year, what one piece of advice would you give?
To anyone considering becoming a mentor, I would highly encourage it. Being a consistent listener in a student’s life can make all the difference, and it is an easy way to be a positive influence. My advice for new mentors would be to try and let the child lead the session so they can figure out what they want to get out of it, then you will be able to accommodate their needs in the best way possible.

Thank you so much, Zoe for sharing with us all you do for iCARE Mentoring!

Meet Jim Warner, Esq., Assistant Director, Compliance Services!

What are your areas of expertise?   

U.S. state and local lobbying compliance; Canadian federal, provincial, and local lobbying compliance

How many years of experience do you have at State and Federal Communications?

I have been with the company for 13 years.

How do you help our clients?

I assist with the administration of the Compliance Department for all of our ALERTS clients.  I work on lobbying disclosures on a monthly basis for U.S. and Canadian jurisdictions.  I also work on a wide variety of projects, including those related to gifts and hospitality, political contributions, and shareholder disclosures.

Question: Our company is in the process of hiring a former public official. Are there any issues we should be aware of during this process?

Answer: There are some jurisdictions with revolving door policies restricting what former officials or employees can do once they have entered the private sector. These restrictions are in place to avoid the appearance of impropriety.

Many states require a cooling-off period when officials leave office and transition to the private sector. In South Carolina, a former public official is prohibited, for one year after terminating public service or employment, from serving as a lobbyist or representing clients before the agency or department on which the individual formerly served in a matter the individual directly and substantially participated during public service or employment. The restriction also prohibits a former public official from accepting employment if the employment is from a person who is regulated by the agency or department on which the individual served or was employed and involves a matter in which the individual directly and substantially participated during public service or public employment. A public official who participates directly in procurement may not resign and accept employment with a person contracting with the governmental body if the contract falls or would fall under the individual’s official responsibility.

New York law includes a similar restriction but requires a two-year cooling-off period. A former state officer or employee is prohibited, within two years after termination of employment, from appearing or practicing before such state agency or receiving compensation for any services rendered by such former officer or employee on behalf of any person, firm, corporation, or association in relation to any case, proceeding, or application or other matter before such agency. In New York, a former state officer or employee is prohibited, after the termination of employment, from appearing, practicing, communicating, or otherwise rendering services before any state agency or receive compensation for any such services rendered by such former officer or employee on behalf of any person, firm, corporation, or other entity in relation to any case, proceeding, application, or transaction with respect to which such person was directly concerned and in which the individual personally participated during the period of service or employment or which was under the individual’s active consideration.

These are just a few examples of revolving door restrictions. We advise you follow best practices to verify the rules in your jurisdiction.

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Here is your chance to “Ask the Experts” at State and Federal Communications, Inc. Send your questions to experts@stateandfed.com. (Of course, we have always been available to answer from clients that are specific to your needs, and we encourage you to continue to call or email us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies are not legal advice, just our analysis of laws, rules, and regulations.