HomeEssential Ethics / SEPTEMBER 7, 2018

Essential Ethics

SEPTEMBER 7, 2018

Latest Developments:

  • The Federal Election Commission is touting a campaign safety information program established by the Federal Bureau of Investigation. The FBI program, called “Protected Voices,” is intended to raise awareness among campaigns of the risk of cyber influence operations.  The FBI urges each “campaign to enhance its own cyber hygiene, the technological equivalent of locking your doors and windows.”
  • The New York Joint Commission on Public Ethics meets next Wednesday, September 12. The agenda includes a discussion of a proposal to amend state law to permit the Commission Chair or designated staff to publicly disclose that a matter is under investigation, has been closed, or has been deferred at the request of law enforcement.

In case you missed it:

  • National Champion Golden State Warriors present a Municipal Ethics Challenge: The San Francisco Chronicle reports that the Mayor of Oakland has been cleared of any wrongdoing for personally using $54,000 worth of sports tickets she received from the city under its ticket policy.  Another council member personally used $320,000 in sports tickets.  Generally, the City of Oakland limits gifts from a single source to $250 in value per year.  But the law has exceptions, including for “personal oversight” of the municipally-owned sports arena and stadium.  The Mayor and council member both used the personal oversight exception for their acceptance of sports tickets, which included the Golden State Warriors NBA playoffs and finals tickets that had face values of $5,000 and $10,000 per ticket, respectively.  Those post-season games required lots of personal oversight; no word on whether there has been any interest whatsoever in personal oversight of the Oakland Athletics’ stadium.  Maybe later this year, if the Athletics make it to the playoffs as a wildcard?
  • Alaska puts Drinks on Ice: Alaska has a new ethics reform measure that would make Carrie Nation proud.  The Cordova Times indicates that the Governor approved House Bill 44 which, among other things, adds additional limitations on gifts from lobbyists to legislators.  The exception that permits gifts of food or beverages for immediate consumption is now limited to food or nonalcoholic beverages and also is limited to a value of $15 or less, unless it is provided as part of an event that is open to all legislators or legislative employees.
  • Payday Lending may have Paid Off Too Well: Federal Authorities are building a corruption case against Ohio Ex-Speaker Cliff Rosenberger that relates to an effort to stall payday lending reform legislation.  The Dayton Daily News reports that in a response to media requests, the government released a copy of the search warrant and subpoena served in the case.  Those documents show the government sought records relating to “payday lending legislation; evidence of payments, kickbacks, bribes or other benefits such as payment of travel-related expenses…”  The ex-speaker is alleged to have received travel and other benefits in exchange for holding up the legislation.
  • How Much does it Take?: The Kansas City Star reports on the effect of lobbyists’ gifts and campaign contributions on legislative policy.  The Star interviewed a variety of interested people on whether small gifts, large contributions, or dark money can buy a Missouri legislator’s vote.
  • Now Earn 5% Cash Back or Miles on Fines for Ethics Violations: The California Fair Political Practices Commission announced this week that it would finally start accepting credit and debit cards for payments of enforcement fines.  No more need to get a cashier’s check or money order, according to the press release; the Commission is finally stepping into the twenty-first century.
  • Disclose as I say, not as I do: The FPPC’s press release promoting its new payment mechanism, as described and linked immediately above, fails to disclose one tiny detail.  Before you start earning that cash back or those miles, read the (8.5-point Helvetica) fine print in the lower right hand corner of the actual payment form:  A convenience fee of 3.0 % will be charged by a third party processor for this transaction.   Yes, we believe that is a “disclosure,” although it is neither “the same size as the majority” of the form, nor is it “14-point, bold, sans serif type in contrasting print color.”  (Those font size requirements are among the ones that the Commission imposes on others with regard to various political advertising disclosures.)