The Houston Chronicle
February 16, 2012 Thursday
3 STAR EDITION
Emmett calls once again for ethics reform;
Harris County Judge Ed Emmett on Wednesday said the county must do a better job
defining and enforcing its ethics policies so such concerns can be raised and dealt with
effectively.
Emmett, speaking after his fifth State of the County address hosted by the Greater Houston
Partnership, also called on County Attorney Vince Ryan, as the county's highest ethics
officer, to do more to strengthen Harris County's ethics practices.
"Whatever it takes, Harris County must find a way to prevent unethical behavior as much as
possible, and when it does occur, to establish clear channels for uncovering and reporting
(it)," Emmett, who made ethics reform a 2008 campaign pledge, said in the speech.
Emmett made ethics reform a campaign plank in the wake of several county scandals,
including at the district attorney and sheriff's offices; Ryan ran that year as a "watchdog"
who would fight the "culture of corruption" at Harris County. Emmett's speech Wednesday
comes within months of former Precinct 4 Commissioner Jerry Eversole resigning his office
as part of a federal corruption probe, and weeks after former Precinct 1 Constable Jack
Abercia was indicted, also on federal corruption charges. At least two other constables'
offices also have been under investigation; the Texas Rangers this week interviewed
members of the District Attorney's office about its efforts to investigate members of a grand
jury that was looking into its handling of evidence in drunken driving cases.
Commissioners Court passed new ethics rules in 2009, watered down from earlier proposals
because many of the ideas would have required changes to state law. The rules allowed
voluntary registration of lobbyists, online posting of officials' personal and financial
disclosure forms and ethics training for county employees.
The reforms also formed an ethics committee, made up of one appointee by each court
member, to answer employees' ethics questions and take complaints. The committee met
only twice, in 2009, before deciding that state law too severely hindered its work by
preventing it from meeting confidentially, granting protection to whistle-blowers or having
authority over elected officials or their departments.
Judge's claim disputed
Emmett said he did not learn until recently that the committee was not meeting, and said
Ryan should have come before Commissioners Court to suggest improvements. It was not
clear whether Emmett's appointee to the committee informed any of the judge's staff of the
situation, his spokesman Joe Stinebaker said.
"People have got to feel comfortable in Harris County exposing ethical violations," Emmett
said, "and the county attorney needs to tell us how we do that and quit telling us why it
won't work."
First Assistant County Attorney Terry O'Rourke said his office "absolutely" told Emmett of
the committee's dilemma in 2009.
"We advised him point-blank that the committee was not and could not lawfully do the
things it was directed to do, and that we need to go to the Legislature to get that to
happen," O'Rourke said.
Emmett disputed that, saying the county attorney's office had reviewed the reforms before
their adoption.
Ryan's chief of staff, Robert Soard, said the office did say an ethics committee could be
created but did not sign off on the language in the adopted "Statement of Ethics" that
envisioned the committee "provid(ing) advice and counsel on an informal and confidential
basis."
The day before the July 2009 meeting at which Commissioners Court approved the reforms,
Ryan said the proposals differed from those his office had twice reviewed. He said that if
asked for an opinion on the proposed reforms, he would need to review them again.
The court OK'd the reforms without Ryan raising any concerns.
Idea 'needs some help'
On Wednesday, O'Rourke said county attorneys have worked in the spirit of the ethics
reform by holding ethics seminars for county workers, investigating allegations at several
county agencies and working with prosecutors when applicable.
Precinct 2 Commissioner Jack Morman said he would like to give the committee some teeth
by seeking changes to state law.
"The idea is a noble one ... a good one, but, in order for it to be executed properly, it needs
some help," Morman said. "I don't think in its current form it can be anything more than
window dressing."
Pittsburgh Tribune Review
February 16, 2012 Thursday
Struggling Pittsburgh Public Schools pay lobbyists $400,000
Pittsburgh Public Schools closed schools, cut programs and increased class sizes to curb
budget deficits but allocated nearly $400,000 during the past four years to pay two
lobbyists for no-bid government consulting work.
The district paid one lobbyist -- Jeff Thomas of the North Side, president and treasurer of
the Ross consulting firm Burrell Foster -- $21,000 over seven months last year, even though
his state registration had expired. Thomas, who no longer lobbies for the district, said he
was unaware that the registration, which amounts to a license, had expired, calling it a
mental lapse.
Pennsylvania Department of State records confirm Thomas' registration expired Dec. 31,
2010. School district solicitor Ira Weiss acknowledged the district paid Thomas and said the
district wasn't aware of the expiration.
"Frankly, if he was lobbying without the necessary license, or whatever they call it, that's a
matter for him to deal with," Weiss said. "Certainly, it's a surprise to me."
The work Thomas and longtime lobbyist Charles Kolling performed for the district amounted
to legislative bill tracking, according to reports Kolling submitted to the district. The
Tribune-Review received copies of his reports from the past two years -- which consisted of
32 emails to the district -- through a right-to-know request.
Thomas and Kolling, who is with Downtown law firm Buchanan Ingersoll & Rooney, say they
did much more than the reports indicate.
Kolling said he helped the district receive $30 million in state subsidies over several years
and instigated legislation that was helpful to the district, among other things. Kolling said he
has lobbied for the district off and on for at least 10 years.
"My job was to lobby for (the district) as a minority subcontractor, and I did legislative
research work," Thomas said. "We lobbied on behalf of the district's agenda. I met all the
requirements of my contract."
Several school directors say they aren't so sure.
"What do they do? That's the million-dollar question. I don't know," said board member
Mark Brentley Sr., who opposed the hirings.
The district retained Kolling through Buchanan Ingersoll in 2008 for $8,000 per month,
according to board contracts, meeting agendas and transcripts. The district stipulated that
the law firm employ Thomas as a consultant for $3,000 a month.
Weiss said the district retained Thomas as part of a non-mandatory initiative to employ
minority subcontractors and because Thomas had potentially useful political contacts.
"Jeff had some contacts in Harrisburg that the district felt were important," Weiss said,
though he did not name them.
Thomas said he lobbies and performs political campaign work and voter analysis for clients.
He declined to name any contacts in Harrisburg.
It's not clear who recruited Thomas and Kolling, though Kolling worked for the district
before and lobbied for Pittsburgh at the time, said Director Floyd McCrea. Thomas frequently
attended school board meetings, board members said.
"They were recommended by somebody, but I'm not sure who," McCrea said.
Weiss said the district did not seek bids. He said the professional services contract was
exempt from the state's public bidding law. In subsequent years, the district sought
proposals from other firms but kept the same lobbyists, he said.
Thomas remained under contract through July, when the district renegotiated with
Buchanan Ingersoll & Rooney and dropped him to cut costs, Weiss said. The district pays
the firm $6,000 per month under a contract that began Aug. 1 and runs through December.
The contract automatically renews in January 2013 and every two years after that.
In December, the district will have paid a total of $396,000 for lobbying services in the past
four years.
Weiss and several school directors said the lobbyists provided a valuable service.
"I believe, and the district believes, that the service is very important, particularly in the
atmosphere there is now where education is not a priority of the Republicans and this
(state) administration," Weiss said. "We believe Buchanan Ingersoll performs their
obligations under their contract and performs them well. We believe the fees involved for
what they do are very reasonable."
Yet Kolling's monthly reports, required by contract, reflect only bill-tracking.
Kolling emailed the district one report in 2010 and 31 last year. Most of his 2011 reports
date to June, October, November and December. He supplied no reports in January, April
and July. None mentions Thomas' activities.
A typical email is one Kolling sent to the district in December 2010: "Attached is a copy of a
co-sponsor memo circulated by Rep. Godshall on bills he intends to re-introduce. Copies of
the bills -- HB 188 (never moved from House Tourism & Recreational Development
Committee), HB 201 (never moved from House Education Committee) and HB 832 (never
moved from House Education Committee) -- are attached."
Kolling said he sent reports every month -- every week during the Legislature's session -and could not explain the incomplete documentation the district supplied.
He said he talks regularly by phone with Weiss, Superintendent Linda Lane and Chief of
Staff Lisa Fischetti about legislative matters. He said he meets regularly with the school
board's executive committee and makes himself available to the entire board upon request.
The two administrators did not return phone calls from the Tribune-Review.
"I think we've been very successful representing the school district," Kolling said. "I haven't
heard any complaints."
Sun-Sentinel (Fort Lauderdale, Florida)
February 16, 2012 Thursday
Broward Metro Edition
NOW YOU CAN SEE WHO IS LOBBYING THE SCHOOL BOARD
Want to see who's lobbying the Broward School Board? Well, now you can.
The board has debuted a searchable database, which allows the public to see which
lobbyists are meeting with board members.
The public can search by board member, lobbyist or topic.
A search, for instance, shows that Vincent Grande, a lobbyist for Moore Stephens Lovelace
P.A., met with seven of nine board members over two days in January.
The firm does auditing work for the district.
The database is part of efforts to be transparent in the wake of last year's grand jury report,
which accused board members and district officials of malfeasance that could only be
explained by "corruption of our officials by contractors, vendors and their lobbyists."
A list of registered lobbyists includes charter schools, developers and health care
organizations.
Star Tribune (Minneapolis, MN)
February 15, 2012 Wednesday
METRO EDITION
Lobbying violations vex understaffed state regulator
The state's top regulator of lobbyists and campaign spending said Tuesday that he can't
fully enforce state law on influence peddling at the State Capitol because of staff shortages
in his office.
The state Campaign Finance and Public Disclosure Board knows that some of Minnesota's
1,450 registered lobbyists are not complying with disclosure laws, but the board doesn't
have staff to catch them because they must focus on other priorities, according to Gary
Goldsmith, the board's executive director.
Goldsmith said, for example, that his office knows of groups that hire lobbyists who are not
disclosing the underlying source of their funds, which is required by law. There are also
discrepancies on lobbying reports that point to potential violations, but the board staff does
not have time to review them because they must focus on more pressing campaign finance
matters, he said.
"There are compliance issues that we know of in the lobbyist program that we simply cannot
review and enforce because we don't have staff to do it," Goldsmith said in delivering his
office's biennial report to the board. The office is charged with regulating lobbyists,
campaign fundraising and spending, as well as overseeing disclosure of economic interests
of 2,200 public officials across Minnesota.
Goldsmith said the board during its last budget year reluctantly adopted a recommendation
to help increase its funding by implementing fees on those it regulates. But that proposal
didn't get far in the Legislature and is not expected to be revisited until the next legislative
session, if at all.
The office currently has approximately 7.5 staff positions, but needs nine to do the job,
Goldsmith said.
A new national study by the Center for Public Integrity in Washington, D.C., ranked
Minnesota as weak in several areas of lobbying disclosure, including some aspects of
lobbyist monitoring. It also found that although lobbyists are required to register, in practice
registration information was not comprehensive.
The Campaign Finance and Public Disclosure Board has suffered budget cuts in recent years
that have hurt its ability to keep up, said Mike Dean, executive director of Common Cause
Minnesota, a government watchdog group.
"The Legislature has made sure that the board does not have the resources it needs to hold
lobbyists and candidates accountable," Dean said.
The Journal News (Westchester County, New York)
February 14, 2012 Tuesday
Ethics charges unlikely for Spano
After pleading guilty to a federal tax evasion charge last week, former state Sen. Nick
Spano won't face state ethics charges because the statute of limitations has expired.
In addition to failing to report $53,000 in income taxes, prosecutors said Spano had also
knowingly shortchanged his outside income on mandatory disclosure forms he filed with the
state Legislature before leaving office in 2006.
And while that is a clear violation of the state's Public Officers Law, Spano was not charged
with any wrongdoing within the 12 months after he left the Senate - clearing him of any
civil penalty he may have faced for ethics violations.
Spano, a Yonkers Republican, could have faced a fine of up to $40,000.
The law requires the state Legislative Ethics Commission to notify a former lawmaker of any
charges "within one year of his separation from state service," executive director Lisa Reid
said.
The newly formed Joint Commission on Public Ethics has the same window for opening an
investigation into a retired lawmaker or one who loses re-election.
Good-government groups have praised the state Legislature and Gov. Andrew Cuomo for
the formation of JCOPE, which was launched last year as part of an overhaul of the state's
ethics law. The commission has oversight over both the Executive and Legislative branch.
But the short window into charging former lawmakers with an ethics violation speaks to the
need for further reform, said Dick Dadey, executive director of Citizens Union.
"This just shows that the struggle for full ethics reform is still ahead of us," he said. "Elected
officials should not think that if they get past a year, they are out of the clear."
Spano, who served in the state Senate from 1987 through 2006, pleaded guilty Friday to
the single felony charge and will be sentenced in June. He currently serves as president of
Empire Strategic Planning, a well-known Albany lobbying firm.
In the charge filed in White Plains federal court, prosecutors said a company created by
Spano - first called ONAPS Inc. before being changed to HVM Corp. - received payments
from an insurance company for consulting work.
Spano failed to list the outside income on his disclosure forms in 2001 and 2002, and
severely underreported the income from 2003 through 2005, according to prosecutors.
While Spano said he earned between $5,000 and $20,000 in consulting fees in 2005, he
actually earned $108,333.
Disclosure forms filed with the Legislative Ethics Commission for 2004 and 2005 show
Spano listed HVM Corp. as an employer, but the income level is redacted per state law at
the time. Last year's ethics reform law removed that redaction, starting with disclosure
forms filed next year.
Dadey and Russ Haven, legislative counsel for the New York Public Interest Research Group,
said they'd like to see the window expanded for an investigation into a former lawmaker.
Dadey said he'd like to see it become three to five years.
"It seems to me one year gives former lawmakers and public officials comfort, but I think
like many other statute of limitations it should be longer, particularly if deception is
involved," Haven said.
Los Angeles Times
February 14, 2012 Tuesday
Home Edition
Ethics agency eases rules; Good government advocates criticize the Fair Political
Practices Commission's shift.
Three decades after Gov. Jerry Brown played a key role in creating a state political
watchdog, the panel -- now dominated by his appointees -- has retreated from its
aggressive approach to ethics enforcement.
As part of a top-to-bottom rewrite of regulations in the last year, the Fair Political Practices
Commission has eased restrictions on gifts from lobbyists to lawmakers, scaled back its
open meetings and stopped notifying the public of pending investigations.
Its job is to enforce laws on election campaigns, lobbying and conflicts of interest involving
public employees, including the governor.
Commission Chairwoman Ann Ravel, whom Brown appointed in February 2011, said she
was trying to make rules fair, clearer and easier to comply with and to focus on the worst
offenders rather than on those who make minor mistakes. But she has outraged some
good-government advocates along the way.
"I think the agenda is to basically castrate the commission," said fellow Commissioner
Ronald Rotunda, a Chapman University law professor appointed by the state controller.
The panel prosecuted some big cases against politicians in the five years before Ravel took
over, assessing them large fines, and tightened restrictions on the activity of public officials.
Ravel, a veteran government attorney, said Brown gave her no marching orders when he
appointed her.
"What we want to do is make sure that public officials use their positions for the good of the
public and aren't doing it for their own self-interest," she said in an interview in her
downtown Sacramento office.
The commission was born as part of the Political Reform Act, an initiative co-authored by
Brown and approved by California voters in 1974 after a series of political scandals. So that
no single official has undue influence over it, two members are appointed by the governor
and one each by the attorney general, secretary of state and controller.
But because Brown was California's attorney general before becoming governor a year ago,
he has appointed the majority of commission members. He also made the body's top
attorney a political appointee rather than a civil servant, which allows the governor to
replace the person who advises the commission and politicians on what's allowable.
Brown declined to be interviewed. His spokesman, Gil Duran, said the governor has no
specific agenda for the commission but supports what his chairwoman is doing.
"The governor believes Ann Ravel is doing an outstanding job and operating in the best
traditions of an independent agency, advancing the public trust in a practical and intelligent
way," Duran said.
Brown's first appointee to the commission, in 2009 when he was attorney general, was
controversial. He tapped Lynn Montgomery, who had managed the gubernatorial run of
former Lt. Gov. Cruz Bustamante six years before. The campaign paid one of the largest
fines in FPPC history.
"To appoint somebody who had a history of being involved in a campaign that crossed the
line in the most egregious way in ethics law violations is troubling," said Kathay Feng,
president of California Common Cause.
And the governor has had a sometimes contentious relationship with the commission.
In 1981, the FPPC called for a criminal investigation into whether key aides to then-Gov.
Brown had perjured themselves, destroyed some records and withheld others to thwart a
probe of possibly improper political activity in the governor's office. State law bars
government resources from being used for campaigns or other political purposes.
Brown denied any wrongdoing by his office, which challenged the FPPC's jurisdiction in the
matter, and prosecutors filed no charges. But Brown's reelection campaign later reimbursed
the state $2,000 for the use of its computers.
Brown opposed the commission in court in 1990, after voters approved Proposition 73,
which placed limits on campaign contributions. Then chairman of the state Democratic
Party, he was part of a lawsuit to nullify the measure, which he called "one of the most
pernicious campaign laws ever enacted." His side won.
He battled the commission again in 2000, when he was mayor of Oakland and was pursuing
an ambitious redevelopment program for the city. The FPPC found that Brown had a conflict
of interest because the program could have affected the value of his residence.
Accusing the panel of applying the law too broadly, Brown sued and won in an appeals
court.
Ravel had also argued from the outside for the FPPC to ease up.
As Santa Clara County counsel in 2003, she won relaxed conflict-of-interest rules for county
supervisors.
One of her first acts as commission chairwoman was to rescind public notices about pending
investigations.
Her predecessor, Dan Schnur, a former GOP strategist who now runs the Jesse M. Unruh
Institute of Politics at USC, had posted such information on the panel's website in hopes of
deterring politicians from misbehaving.
Ravel argued that public airing of allegations that had not yet been substantiated violated
the due-process rights of those accused.
She also canceled about half of the commission's monthly meetings, which Schnur also
questioned.
"It's important for the political community to know that the body responsible for its
oversight is meeting on a regular basis," Schnur said.
Ravel's biggest dispute with open-government advocates has involved the overhaul of gift
regulations.
State law requires officials to disclose gifts they receive and bars them from accepting gifts
worth more than $10 from lobbyists.
Ravel noted that the FPPC had allowed exceptions over the years if an official was dating the
lobbyist or was a guest in the lobbyist's home.
The dating exemption is now written into state regulations, with a requirement that officials
refrain from action on issues involving those with whom they are in a "dating relationship."
That will prevent abuse, Ravel said, without poking the government's nose into people's
personal lives.
"The fact that somebody getting an engagement ring from somebody and they truly have a
relationship -- I don't consider that a serious problem," she said. "And I don't think that's
the FPPC's issue."
Feng of California Common Cause disagreed, saying, "Potential corruption does not stop just
because the relationship has entered the bedroom."
The Baltimore Sun
February 13, 2012 Monday
FINAL EDITION
Bills aim at guilty officials; Ethics measures would end their tenure, cut pensions;
A Baltimore mayor and a Prince George's County councilwoman lingered in office for weeks
after being found guilty of serious charges. A former Prince George's County executive is
heading to prison but gets to keep a pension worth more than $50,000 a year.
Recent Maryland political scandals have inspired a flurry of legislation in the General
Assembly seeking to clamp down on corrupt public officials. And a special Senate committee
is recommending changes to the legislature's ethics rules.
Two reform-oriented bills would force elected officials to leave office at the time of a guilty
finding -- whether a verdict or a plea -- and forfeit the pensions earned for the office they
held while committing crimes. Another, not directly motivated by a recent scandal, would
bar state officials from steering people or businesses to a particular lobbyist.
The bills have bipartisan support, though their prospects are uncertain.
Susan Wichmann, executive director of Common Cause Maryland, said that while the
watchdog group hasn't taken a position on any of the bills, it welcomes the interest in goodgovernment measures.
"Those bills -- along with the special ethics committee set up in the Senate -- address some
reform that is necessary and vital at this time," she said.
The bill that would throw state and local elected officials out of office upon a finding of guilt
rather than upon sentencing, as current law provides, would require a constitutional
amendment. If the bill passes, it would go on the November election ballot for voters'
approval. The measure would apply to all felonies and to misdemeanors related to actions in
office.
Such legislation would have forced Mayor Sheila Dixon to leave office as soon as she was
found guilty of embezzlement, a misdemeanor, on Dec. 1, 2009. Instead, the Democrat
remained in office until sentencing Feb. 4, 2010. A similar case occurred in Prince George's
County, where Democratic Councilwoman Leslie Johnson pleaded guilty last June to federal
evidence-tampering charges but remained in office for another month. Both continued to
collect their government salaries until leaving office.
Del. Jolene Ivey, a Prince George's Democrat, introduced the bill along with more than 70
co-sponsors -- enough for a majority in the House of Delegates. Sen. Victor Ramirez, also a
Prince George's Democrat, has introduced a companion measure in the upper chamber with
more than 30 co-sponsors, including Senate President Thomas V. Mike Miller.
Ivey said the interests of constituents should outweigh those of the officeholder. She
pointed to the cases of Johnson and Anne Arundel County Councilman Daryl D. Jones.
Jones' colleagues voted to remove him from office after he was sentenced to five months in
prison for failure to file tax returns, a misdemeanor unrelated to his office.
"Once someone is convicted, they're not really going to be effective any more for their
constituents," Ivey said.
Technically, a conviction is not entered until the time of sentencing, but the amendment
would oust an official at the time of a guilty verdict or plea. It includes a provision for
reinstatement in the event of a successful appeal.
The pension bill, introduced by Del. Ron George with a bipartisan group of about 60 cosponsors, would eliminate part of the retirement income for people convicted of certain
offenses committed while in office -- even if they plead or are found guilty years later.
George, an Anne Arundel County Republican, said the bill was prompted by cases such as
those of Dixon and Leslie Johnson's husband, former Prince George's County Executive Jack
Johnson, who pleaded guilty to federal bribery and extortion charges last year -- about six
months after leaving office in late 2010. Both were able to retain their pensions.
Had his proposal been in effect, George said, Dixon would have lost the part of her pension
earned while she was mayor and Johnson would have forfeited the retirement benefits from
his eight years as executive. George said pension credits earned in previous offices -- such
as Dixon's time on the City Council and Johnson's service as Prince George's state's attorney
-- would not be affected.
The bill, which has more than 60 House sponsors from both parties, would apply primarily
to felonies and to misdemeanors related to the office but would also include any violent
crime, among other offenses, George said. Some cases, similar to Councilman Jones' recent
guilty plea to tax charges, would be left to the discretion of the courts, George said.
George said that a long-serving lawmaker such as former Baltimore County Sen. Thomas L.
Bromwell, who spent almost 20 years in office before resigning in 2002 and then was
convicted in 2007 of offenses committed during his final years in office, would have lost the
pension for his entire Senate tenure.
"If you want to stay in office that long, you're just going to have to be more careful,"
George said.
Also pending is a bill introduced by House Minority Leader Anthony J. O'Donnell that would
prohibit any state official from "directly or indirectly" soliciting anyone to retain a particular
lobbyist or government relations firm. Unlike the other bills, O'Donnell said, it was not
prompted by a particular corruption case.
"I have heard a lot of innuendo over the years and a lot of rumor," the Southern Maryland
Republican said.
O'Donnell said the measure, which has bipartisan cosponsorship, passed the House
unanimously last year but died in the Senate.
A special committee that Senate President Miller set up after Sen. Ulysses S. Currie was
acquitted of federal bribery charges last year is recommending changes to the General
Assembly's ethics rules. Those rules, among other things, require lawmakers to disclose
sources of income and other possible conflicts of interest.
The committee is supporting legislation that would make those disclosure forms available
online beginning July 1, 2013. The proposal would apply to disclosures filed by legislators,
statewide elected officials and top executive branch appointees. The panel also wants to
eliminate a requirement that officials be notified when someone examines their report.
Members of the panel have said that they may recommend additional changes to the ethics
rules.
Senator Currie broke one already on the books: The Prince George's senator admits he did
not disclose more than $200,000 in consulting payments from a supermarket company for
which he was seeking government help. The General Assembly's joint ethics committee is
considering Currie's case.
Chicago Sun-Times
February 13, 2012 Monday
Quinn supports amendment to letvoters enact ethics laws by referendum
Gov. Pat Quinn announced Sunday a proposed amendment that would allow Illinois voters
to enact ethics laws through ballot referendums.
The proposed amendment, sponsored by Sen. Annazette Collins (D-Chicago), would allow
voters to propose ethics reforms for all state-held offices in the three branches, as well as in
local governments and school districts.
To put a proposed amendment on the ballot would require signatures equal to 8 percent of
the number of ballots cast in the most recent gubernatorial election.
Three-fifths of voters would then have to approve the amendment in a general election.
The new powers would be limited to ethics reforms but would go beyond what voters can
currently propose though the initiative and referendum process.
Currently, the state constitution allows voters to propose only amendments dealing with
"structural and procedural" functions of the General Assembly.
The Idaho Statesman (Boise)
February 13, 2012 Monday
One Idahoan’s unique perspective on ethics in politics
Boise State University President Bob Kustra might have never spoken of going “Beyond the
Blue” had he cut ethical corners.
In 1996, Kustra was Illinois’ lieutenant governor, running for the U.S. Senate as a moderate
Republican with a shot at winning an open seat. The late entry of a wealthy candidate in the
primary meant Kustra needed cash. William “The King of Clout” Cellini, a legendary Illinois
fundraiser, came calling.
Cellini asked Kustra about contractors doing mining reclamation work, a job overseen by Lt.
Gov. Kustra.
“He said, ‘Just give me that list of people you give contracts to and we’ll get started,’”
Kustra recalled.
Kustra said he told Cellini contracts were awarded by merit, saying, “I don’t get directly
involved.”
“He said, ‘Well, you’re going to have to make a choice here aren’t you?’
“I said, ‘No, I don’t care to do that.’”
Kustra lost by 3 percentage points. Dick Durbin beat the GOP nominee Al Salvi by 15 points
and now is the Senate’s No. 2 Democrat.
But that’s not where the story ends.
Last year, the King of Clout was convicted of conspiring to shake down Oscar-winning movie
producer Tom Rosenberg for a contribution to ex-Gov. Rod Blagojevich. In January, a
federal judge tossed a motion for retrial and Cellini faces up to 30 years in prison for
conspiracy to commit extortion and aiding in the solicitation of a bribe. Blagojevich is
serving 14 years in federal prison for trying to sell an appointment to fill another Illinois
Senate seat — the one left vacant by Illinois Sen. Barack Obama’s election as president.
Now, says Kustra, 68, “I wish I could tell that story to every young politico who wants to get
into politics and government.”
IDAHO ETHICS REFORM
Kustra’s tale is timely, as Idaho lawmakers consider tougher ethics rules, including a new
state ethics commission. Other ideas include financial disclosure, cooling-off periods for
public officials before they lobby and limits on “pension spiking” by legislators.
Kustra said it’s not his place to advise lawmakers on ethics. “I don’t feel that my job is
giving the Legislature advice on my past experience, which is from a different age. I have
enough trouble giving them my thoughts on higher education.”
He did agree to his first extensive interview on his life in Illinois politics, citing the “old
professor in me.” Kustra, who has a doctorate in political science, taught in college, both
before and during his 10 years in the Illinois Legislature and his eight years (1991-98) as
lieutenant governor. He chaired the Illinois Board of Higher Education before becoming
president of Eastern Kentucky University in 1998. He’s been BSU president since 2003.
Kustra used to teach the work of Daniel Elazar, a political scientist who classified political
culture. Elazar considered Illinois dominated by “individual political culture,” where private
concerns are more important than public, and dirty politics are accepted.
Elazar called Idaho a mixed state, with individual aspects, including the view government
should be restricted to encouraging private initiative. Idaho also has a “moral” culture,
where serving community comes first.
“What comes through is the volunteer nature of Idaho politics,” Kustra said. “It really is
people stepping forward to donate their good time. Not so much out of ‘I’m going to make a
lot of money or make a career in government,’ but as ‘I’m going to contribute to the
betterment of my citizens.’ ”
ILLINOIS’ BAD ACTORS
Kustra didn’t know Blagojevich, who was elected in 2002. But he did cross paths with Gov.
Otto Kerner, who was convicted in 1973 of bribery and other offenses for deals he made
with the horse racing industry.
Kustra also shared the stage at Polish-American political events with former Congressman
Dan Rostenkowski. “Rosti,” who partnered with President Reagan on tax reform in the
1980s, pleaded guilty to two counts of mail fraud in 1996 in connection with the U.S. House
Post Office scandal.
The tarnished pol Kustra knew best was Gov. George Ryan, who preceded him as lieutenant
governor. Ryan was convicted of selling truck operators’ licenses and exchanging favors for
vacations, tickets and other gifts.
“I wasn’t surprised, I wasn’t shocked,” Kustra said of Ryan. “Many people who were close to
government could see there were just people that you associate with, people you hire, who
just take you down the wrong road.”
Blagojevich, Kustra said, has been the worst of the lot in sullying Illinois. “He just flaunted
it. When you do that for months and months, you establish a mindset on the part of those
observing of, ‘Oh, my gosh, that must be what it’s like all over the state.’”
That’s unfair, Kustra said, based on his experience, which included meeting public officials
from all 102 Illinois counties. “I served alongside an overwhelming majority of people on
both sides of the aisle who I can say came to do their jobs according to the law and to
benefit the public good.”
Kustra was born to an Irish mother and Polish father in St. Louis, where his uncle was an
alderman who first interested him in politics. When he graduated second in his class from
his Catholic high school in 1961, his salutatory speech was a riff on a line from JFK’s
inaugural earlier that year, “Ask not what your country can do for you — ask what you can
do for your country.”
Kustra worked as a staffer at the Illinois Legislature while pursuing his master’s in public
administration. “We talked a lot about how we wanted to make the system work,” he
recalled.
MACHINE POLITICS
When Jim Edgar asked Kustra to be his running mate as lieutenant governor in 1990, he
began by discussing Kustra’s expertise in education policy and how his popularity in
suburban Chicago would strengthen the gubernatorial ticket.
But his last question was a concession to the reality of ethnic politics. Edgar asked if Kustra
would be comfortable playing up his Polish roots.
“Well, overnight I found myself campaigning at Polish-American event after Polish-American
event,” Kustra recalled. “That was one of my greatest lessons about the role of ethnicity in
Illinois politics.”
Edgar and Kustra won two terms. While Kustra believes Edgar would have triumphed
without him, he also says his being No. 2 won over “a lot of Democrats who simply wouldn’t
pass up the opportunity to elect this guy as the highest-ranking Polish-American in state
government.”
Unlike his father, Kustra couldn’t speak Polish because his mother forbade it at home. “I
was cooked past ‘Jak sie masz?’ and ‘Dobrze.’” Those are Polish for “How are you?” and
“OK.”
But he could dance, and so could his wife, Kathy. “We spent many times dancing the Polka
because that was the best way to demonstrate I was real, that I was, in fact, Polish.”
FOND MEMORIES
Kustra’s decade in the Legislature was “just really treasured years for me,” he said. But
today he has absolutely no designs on running for office in Idaho: “I don’t ever want to do
that.”
He represented Skokie, Morton Grove, Des Plaines, Arlington Heights and other suburbs
ringing Chicago. “It was a perfect centrist district. And without a doubt a great legislative
experience when the parties respected each other, worked with each other, and when there
was not the scorn and incivility there is today.”
Which is not to say Kustra holds himself up as an icon. His worst vote, he said, was to
maintain the blue law that barred auto dealers from opening on Sunday, a law still in place.
Why? Because auto dealers, including a friend and longtime contributor, persuaded him to
sustain an archaic restraint of trade.
“We’re all venal enough to look at things through our own eyes,” Kustra said. “At that time,
I’m thinking, ‘I can help that family stay home,’ when, in fact, I was also supporting many
of those donating to my campaign so they could keep dealerships closed on Sunday.”
Kustra now considers Idaho home, though he keeps the jersey of Cubs Hall of Famer Billy
Williams in his office and remains a fan.
“You have in Idaho a somewhat different political culture than the one I grew up in,” he
said. “People do come to this Statehouse with a set of motives that are as pure as described
in Elazar’s moralistic political culture.
“To me, that shows there’s still plenty of hope out there for these states like Idaho, and
even Illinois, where let’s hope the federal prosecutor has taught a few lessons and warned a
few people off of behaviors that will lead them down the wrong path.”
Tulsa World (Oklahoma)
February 13, 2012 Monday
Final Edition
Meals are the top fare in lobbyists' gift giving
Search a Tulsa World database spending by lobbyists on state officials. Dinner, chocolates,
baby gifts and tickets to NBA Thunder basketball games were among the gifts lobbyists
gave to state officials during the second half of 2011, records show. Lobbyists spent more
than $12,000 just on state officials' meals from July through December, even though
lawmakers weren't in session then. Meals accounted for about half of spending on state
officials by lobbyists during those six months.
Football was the next most popular gift. Nearly half of the state legislators bought football
season tickets from the University of Oklahoma or Oklahoma State University at discounted
rates last season. Records show 53 state lawmakers and Gov. Mary Fallin took advantage of
an offer by OU to purchase two football season tickets, one of which was at a $100
discount. Twenty-eight lawmakers purchased football season tickets from OSU with the
$100 discount. State ethics rules require OU and OSU to report the $100 discount as a gift.
The discounts are contained in a semi-annual lobbyist gift report published by the state
Ethics Commission. OSU failed to file their report by the January deadline, but submitted it
on Friday after a call from the World. State law places a $100 cap on the amount lobbyists
and other entities can give to state officers or employees in a calendar year. OU sold 51
discounted tickets in 2010 and 65 discounted season tickets in 2009. OSU sold 28
discounted tickets in 2010. The number of lawmakers receiving discounted college football
tickets plummeted after a change in ethics rules reduced from $300 to $100 the amount
that entities could give annually as gifts. In 2007, before the cap change, 95 legislators
purchased OU tickets and 80 legislators purchased OSU tickets at the $300 discount.
Lobbyists and others required to report gifts to state officials gave a combined $23,369 to
207 individuals from July 1 to Dec. 31, 2011, records show, down from $30,338 in 2009 and
$27,242 in 2010. There were 331 registered lobbyists in the state in 2011, records show.
Lobbyists showered most of their giving on Republicans, who received 79 percent of the
value. Senate Pro Tem Brian Bingman, R-Sapulpa, said with Republicans controlling twothirds of both houses of the Legislature, it's no surprise the GOP led in total value of gifts
received. "It's just a numbers game," Bingman said. Bingman said he purchased two season
football tickets from OU with one at the discounted rate. An OU alum, Bingman said he
already had season tickets of his own and gives the other two tickets to friends and
constituents. Bingman also was the top state official in terms of total value of gifts received
with $555 reported by lobbyists. "It's mainly the job of course," Bingman said. "Everyone
that comes to town wants to meet me and just have a few comments of who they are and
where they are from and most times you don't have that opportunity during session, there's
too much going on." OU's more than $5,000 in ticket discounts ranks it as No. 1 among
entities giving to state officials. OU and OSU are classified as non-lobbyists, but are still
required to report the tickets as gifts, said Marilyn Hughes, Ethics Commission executive
director. After OSU, AT&T Inc., and its subsidiaries rank No. 3 in giving to state officials with
$1,451 spread among 19 state officials. Most of AT&T gifts were for meals although it did
pay $100 toward the price of a ticket to the OU-Texas football game for Attorney General
Scott Pruitt, records show. Anheuser-Busch Companies Inc. ranked No. 4 with $1,065
spread among 14 Republican lawmakers, who received a meal valued at $66.04 and a
"holiday stein" valued at $10.
Talk of expanding the availability of wine and strong beer has been a hot topic at the state
Capitol. A legislative task force met twice last year to discuss the issue before disbanding
without making any recommendations. Other gifts given to state officials include: $50 in
chocolates, to seven elected officials including Fallin, by the Chickasaw Nation. The
chocolates are from a Chickasaw-owned company. Baby gifts to state Senate and Education
Department staff members. Thunder basketball tickets to nine legislative staff members and
Sen. Clark Jolley, R-Edmond, from the State Chamber of Commerce. The Ethics Commission
in January approved a rule change that relaxed reporting requirements for certain events
that occurred during a legislative session. Lobbyists said it was not uncommon for
lawmakers to call upon them to arrange for meals to be served during caucus meetings and
other functions. Tracking who ate the meals was often a challenge, the lobbyists told the
commission.
Top 5 gift recipients, total value received 1. Sen. Pro Tem Brian Bingman, R-Sapulpa, $555
2. Sen. Brian Crain, R-Tulsa, $456 3. Sen. Greg Treat, R-Oklahoma City, $449 4. Sen. Clark
Jolley, R-Edmond, $422 5. Secretary of State Glenn Coffee, $414 Curtis Killman
The Atlanta Journal-Constitution
February 12, 2012 Sunday
Main Edition
Not all handouts to legislators disclosed
The Wild Hog Supper, the traditional feast that kicks off the Georgia Legislature, cost
$7,677, according to disclosure reports by the lobbyists who paid the bills.
Except it didn't. In fact, the total price was $16,393.
Most of the Wild Hog was paid for by a nonprofit called the Friends of Agriculture
Foundation, which says it's not a lobbying group and is therefore not required to report
what it spends on meals or other gifts for lawmakers. But the foundation's board is made up
of lobbyists for some of the state's most powerful interests, and the only thing the
foundation does is put on the Wild Hog Supper.
Legislative leaders defend Georgia's wide-open rules on lobbyist spending this way:
Lobbyists may spend whatever they want on legislators, but they have to account for every
dime in public disclosure reports. So even if the spending is high, the leaders say, the whole
process is transparent to the public.
Except it isn't. The reporting requirements are loose at best, and vague descriptions are
common. In addition, lobbyists are not required to submit receipts or any other
documentation of their spending. Unlike expense accounting in private business, they simply
state a figure and offer no backup. And, as with the Wild Hog Supper, sometimes they don't
report the full expense.
The Atlanta Journal-Constitution discovered the total cost of the feast by filing an open
records request with the state building authority for billing records, a step most citizens
would find cumbersome.
Tobacco lobbyist Don Cargill, a member of the foundation board, defended not reporting
most of the expense.
"The Friends of Agriculture was not a lobbying firm and I do not have to report it," he said.
"That is not a reportable item, and I checked this out thoroughly before I did it. This is just
a group of people who are doing this."
The "group of people" includes the lobbyists for Coca-Cola, AT&T, Georgia EMC and the
state's alcohol dealers. Some of them reported their contributions to the Wild Hog, while
others did not.
"Those people who have reported, it that was their feeling they needed to report it," Cargill
said, adding that he did not believe a penny of the cost needed to be made public to comply
with state law.
He has company. A list obtained through an open records request of events at the Georgia
Railroad Freight Depot adjacent to the Capitol --- a popular venue for feeding state
lawmakers --- shows a number of events that never appeared on any lobbyist's report.
'We are not lobbyists'
On Jan. 9, the evening of the Legislature's first day, the Dalton-Whitfield County Chamber
of Commerce and the Georgia Chemistry Council held overlapping receptions at the Depot.
The Chemistry Council's lobbyist disclosed spending more than $7,000 to feed and entertain
lawmakers, but the chamber did not disclose what it spent on its similar event.
"We are not lobbyists," said chamber CEO Brian Anderson. "We advocate and educate on
issues important to business, but we don't take specific positions."
State law identifies a lobbyist, in part, as a person who is paid to advocate for or against
legislation or anyone who spends more than $1,000 a year in support of or opposition to
legislation.
Anderson said the reception drew half of the House and about 40 percent of the Senate, and
legislators went home with a commemorative throw rug --- a reminder that Dalton is the
"carpet capital of the world." But he described it as a legislative "meet and greet," not
lobbying.
"We don't even have specific pieces of legislation," he said. "If we were even close to the
line we would register. It's not that we don't want to be, it's that we don't have to be."
That may be true. But the Savannah Area Chamber of Commerce took a different view in
disclosing the cost of its annual seafood dinner, even though the events have similar aims.
This year's reception cost $88,000, thanks to its menu of fresh oysters and an open bar.
"I've always disclosed it because I'm spending money on members of the House and
Senate," said Trip Tollison, the Savannah Chamber's registered lobbyist. "It's kind of the
law."
Tollison said it is "just common sense" that groups spending money to wine and dine
lawmakers should report.
"I know a lot of other chambers don't file," he said.
Other groups, too. On Jan. 17, the Georgia Charter Schools Association booked a banquet
hall at the Depot and invited lawmakers for refreshments and a showing of the documentary
"Waiting for Superman." The association was in the midst of an intense lobbying campaign
for a constitutional amendment restoring the state's ability to create charter schools; even
though it has several registered lobbyists, the association did not disclose how much it
spent on the event.
William Perry, executive director of Common Cause Georgia, said there is little enforcement,
in part because of cutbacks at the state ethics commission.
"They do have one auditor, but it has been cut back from having three in the past," he said.
"That person can't look at everything that comes in."
Photos on the Internet
The evidence suggests that relying on lobbyists to voluntarily disclose how much they spend
or who they are spending it on is a hit-or-miss exercise. And finding instances of lobbyists
treating lawmakers to undisclosed meals and trips is tough --- unless they post pictures of it
on their website.
In 2009, the Outdoor Advertising Association of Georgia hosted a group of state legislators
at its annual convention and golf outing. On its website, the association posted smiling
pictures of a number of lawmakers, including committee chairmen and soon-to-be House
Speaker David Ralston.
But the costs of travel, accommodations, meals and entertainment were not disclosed by
the association, which represents the billboard industry. For years the industry fought for
legislation enabling billboard companies to clear cut sign-blocking trees along state roads.
The bill finally passed in 2011. Also that year, the association reported taking 34 legislators
and two Georgia Department of Transportation board members to the 2011 convention at
the Reynolds Plantation golf resort at costs ranging from $280 to $944 per person.
When contacted by the AJC, Conner Poe, the executive director of the association, amended
his 2009 disclosure report to reflect $5,191 as an "estimated total guests costs for annual
convention." In an email, Poe said the association's business partnerships allow it "to reduce
or eliminate expenses when holding events and meetings."
State law places no limits on gifts to public officials, but it does require public disclosure of
"anything of value" given to them if the purpose of the gift is to influence their actions.
Ralston spokesman Marshall Guest said the speaker was not responsible for the trip not
being reported and has a track record of working to strengthen disclosure.
"If there are any shortcomings in the current law, as you indicate there are, the House will
examine ways to improve upon them," he said. "Since taking office in 2010, Speaker
Ralston has continually worked to improve and perfect this law."
Guest noted a proposed bill that would give rule-making authority back to the ethics
commission, a power stripped from the body under former Speaker Glenn Richardson's
tenure. Richardson resigned in 2009 amid revelations of an affair he had with a lobbyist.
Senate spokeswoman Natalie Dale said Finance Committee Chairman Bill Heath, R-Bremen,
could not recall any of his expenses that were covered by the association in 2009 --- other
than the meal he was pictured eating.
"He honestly doesn't remember much about the details of the event, being that it occurred
several years ago, or his financial involvement to it," she said in an email.
Even Common Cause has been criticized for failing to report its spending on legislators.
In an ironic twist, Perry last month amended his June 2011 report to reflect $300 in costs
for several state legislators to attend a dinner where the group bestowed good government
awards. Several people complained the expense should have been reported when they saw
the lawmakers on the group's Facebook page.
Purpose: "N/A"
Even where lobbyists disclose the gifts they give to public officials, the details sometimes
are fuzzy.
"For those who seek it out they see a lot of 'N/A'," Perry said, referring to the way lobbyists
often put "N/A" or "none" on the form when asked what legislation they are trying to
influence.
"Through lack of information it hides what is supposed to be disclosed," he said.
Last July, the Metro Atlanta Chamber recorded a $76.47 charge for a "flight" for Senate
Rules Chairman Don Balfour. The disclosure does not say where the Snellville Republican
was going or why or what business the lobbyist for the chamber had with him.
Lack of detail in lobbying reports is common.
On New Year's Day 2011, the University System of Georgia lobbyist covered the cost of
Athens Mayor Nancy Denson's trip to the Liberty Bowl in Memphis, claiming $1,648.34 in
lobbying expenses for "travel, lodging, tickets, meals and parking." There were no details on
how Denson traveled, how long she stayed or why the University System was paying for it.
Pat Allen, lobbyist for the University System, said the money for the trip came from the
Liberty Bowl itself, which made funds available for Allen to attend as part of a "host
committee." But the vague nature of the state's reporting system does not provide that kind
of detail to the public.
Sometimes lobbyists attribute spending to their own firm rather than their employer,
leaving the public to guess who is behind the effort.
Last month, legislators got $3,500 worth of commemorative cuff links and key fobs from
lobbyist Jay Morgan. Morgan reported the expense, but not who was behind it. Nor does his
disclosure say what or who the cuff links and key fobs were commemorating. He represents
a number of clients ranging from Grady Health System to the Distilled Spirits Council to a
real estate company that specializes in developments financed by tax credits.
Last year, Morgan spent nearly $2,700 on dinners, sports tickets and trinkets for lawmakers
and only once disclosed his client. That was for a breakfast with the chief of the state
tollway authority that he credited back to an international toll road developer.
Morgan said the spending is his own.
"When I entertain legislators, I do so to honor their service and sacrifice in volunteering for
service in the General Assembly," he said. He said he rarely expends clients' money on gifts
but discloses it when he does.
Morgan said the cuff links and key fobs are given to commemorate the legislative session
itself.
Last week, Sen. Joshua McKoon, R-Columbus, introduced legislation to cap lobbyist
spending at $100 per event and require legislative approval before a lawmaker could accept
a trip costing more than $750. Legislators would be expected to prove the travel was
educational or related to public policy before they could accept it.
McKoon said disclosure of gifts is not enough. People want some limits, he said.
"I think that the majority of Georgians would say there is a point at which they would
become uncomfortable with a legislator receiving a certain dollar amount of value by one
interest group," he said.
A closer look at Wild Hog
$7,677
Cost of this year's annual legislative feast, according to disclosure reports by lobbyists
$16,393
Total expenses for the Wild Hog Supper after including amounts paid by the nonprofit
Friends of Agriculture Foundation.
The Capital (Annapolis, MD)
February 12, 2012 Sunday
The indefatigable Mr. Bereano; Lobbyist never gives up representing clients,
fighting fraud conviction
When lobbyist Bruce Bereano was sentenced to a federal half-way house on mail fraud
charges in 1999, he did what came naturally - he brought in a carpet, added some
comfortable furniture and a good desk, and kept on working.
Then, the other "residents" (he doesn't like the term "inmates") complained the phones
were broken in the old Baltimore motel that served as a prison annex. The Bureau of
Prisons wouldn't repair the lines, so Bereano once again did what came naturally - he
contacted a friend who had ties to the phone company, and before long, the problem was
solved.
Put mildly, Bruce Bereano lives to work.
"If I was a trash man, I would have the cleanest route in town. I'd pick up every piece of
trash off the street. That's just who I am, it's a thing with me. It's a thing."
When asked about Bereano, lobbyist Sean Looney just smiled.
"Bruce is passionate about what he does," Looney said. "I love this work, but he takes it to
another whole level."
Bereano likes to get up at 3 a.m. and turn on "Law & Order" reruns as he works on his
clients' cases.
Now, just as naturally as he works for his clients, Bereano again is fighting his mail and wire
fraud conviction. And the law may be on his side.
Bereano was convicted, at least in part, under a section of the federal mail and wire fraud
statute that protects the "intangible right of honest services." (Part of the allegation was
that he had bilked some of his clients.)
In 2010, when reviewing the conviction of an Enron executive, the U.S. Supreme Court
declared the "honest services" part of the law unconstitutional because it was too vague.
Bereano, who has spent well over $1 million fighting the charges, has petitioned the federal
court in Baltimore to set aside his conviction. No hearing date has been set, but prosecutors
will argue Bereano's conviction should stand because it was grounded in other parts of the
wire fraud law.
Authorities investigated Bereano for about two years, based on accusations made by a
competing lobbyist and on the fact that Bereano was Annapolis' top-earning influence
peddler.
Prosecutors ended up showing that Bereano had broken federal campaign laws by making
four campaign contributions of $150 apiece in the name of four corporate clients. The four
clients wrote letters to the court on Bereano's behalf, saying he was an excellent lawyer and
lobbyist.
Though disbarred as an attorney because of the conviction, Bereano can still lobby, and he
remains perhaps the most famous of the 800 registered lobbyists in Annapolis.
Worthy opponent
Bereano's client list includes firefighters, candy distributors, auto and truck recyclers, and
Safeway Inc. He represents charities without charge, and organizes fund-raisers for groups
such as the Boys and Girls Club.
When the Western Maryland counties decided last fall to hire a lobbyist to represent them in
their fight against some of Gov. Martin O'Malley's policies, they hired Bereano. When
tobacco distributors were looking for someone to fight tobacco tax increases, they turned to
Bereano.
Even the lobbyists who work on the opposite side of issues often hold him in high regard.
One is Vincent DeMarco, president of the Maryland Citizens' Health Initiative. He and
Bereano have been crossing swords for about two decades, as DeMarco worked to have
tobacco taxes raised.
"Look, I know the guy hates me, but I must say, as far as I know, he has always been
above-board and straightforward with me," DeMarco said.
Workaholic
Bereano, who turned 67 last week, admits he's a workaholic. He can recall significant dates
associated with law school and opening his practice, but has to stop and think how about
old he was when he married and how long that marriage lasted. He has the same problem
recalling the dates surrounding his second marriage.
But Bereano already has political events logged into his calendar for next December. His
sizable St. Margaret's home is chock full with political memorabilia, and his kitchen counter
is stacked high with clients' files.
When the General Assembly is in session, Bereano can be found at one of his "offices"
around the State House complex. One hang-out is a defunct security desk in the foyer
between the Senate and House chambers.
By standing there, Bereano can intercept any lawmaker he wants.
Playing host
Bereano hates golf and won't play it, and he doesn't go sailing. His main relaxation is
driving around the country in his old Porche convertible with the rag top down.
Above all else, he loves playing host.
Once, when he was on home confinement after being released from prison, Bereano had a
busting-loose party. The ankle-bracelet monitoring agency didn't believe he was at home,
but Bereano put three judges on the phone to vouch for his truthfulness.
Last summer, at the Tawes Clam & Crab Bake in Crisfield, the first thing politicos saw upon
entering the reserved area was a string of three huge tents Bereano had set up for their
enjoyment, replete with a caterer, Smith Island cake and large electric fans. The sign read
"Bereano's Corner."
Early training
When Bereano was a boy growing up in the Bronx, he sold cut lilacs up and down his street.
Some years later, he'd hang out in front of a local grocery store and help folks carry their
groceries home. When he was older, he'd run errands for a pharmacy.
"I would make deliveries with my bike with the basket on the front," he said.
Bereano worked at a newsstand in Grand Central Station, where he learned an important
trick - remember the faces of the harried commuters who came by each day, and what they
liked to buy. They'd toss him the money, and never wait for the change.
"Your have your regulars, and you know what they want, and you have it out and ready for
them," he said. "I never knew so many people bought horoscopes and aspirin."
For several summers when he was a teenager and a college student, Bereano worked in a
cabana club in New York.
"I made $1,000 in tips one Labor Day weekend. And that was in 1968 dollars," he said.
Bereano attributes much of his personality to his mother.
"She'd be waiting for a bus and not know a single person there, and she'd be friends with all
of the people at that bus stop by the time she left," he said.
He recalls fond times spent with his late father, who managed the health and welfare fund
for New York's famous Fulton Fish Market.
"He'd take me to Carmine's Restaurant, where half the patrons were mafia, and half were
FBI," Bereano said. In this environment, he learned to enjoy a wide strip of humanity.
That was the background of a man who later turned a room in a half-way house.
Photographs of the time show the other "residents" cheering and waving goodbye as
Bereano was about to get into his car.
He stopped one last time and held his arms up in a victory sign.
"They were good people," Bereano said. "I got two paying clients out of the bunch."
Idaho Falls Post Register (Idaho)
February 12, 2012 Sunday
Main Edition
A look at the state's most effective lobbyists, their tactics and results
EDITOR'S NOTE: This is the last article in a three-part series looking at the influence of
lobbyists on the Idaho Legislature.
BOISE - Last year, a Virginia company that makes America's best-selling cigarette brand
spent more money lobbying Idaho lawmakers and officials than any other group.
A Post Register review of more than 2,500 pages of disclosure forms available through the
Secretary of State's Office found that the Altria Group spent $165,076 lobbying in 2011.
The Altria Group
cigarettes.
is the parent company of Phillip Morris, which manufactures Marlboro
Altria was the only organization to spend more than $100,000 on lobbying expenses,
spending 82 percent more than the next biggest spender, the Idaho Education Association,
which coughed up $90,366.
Altria
year.
spent $3,814 on food and entertainment for state officials and lawmakers during the
Specifically, Altria provided $2,500 for Republican Reps. JoAn Wood (Rigby), Lawerence
Denney (Midvale) and Ken Roberts (Donnelly) to attend Gov. C.L. ""Butch"" Otter's
inauguration festivities.
Altria also spent $265 on Ketchum hotel rooms for Sen. Lee Heider, R-Twin Falls, and Rep.
Jim Guthrie, R-McCammon, in September.
The rest of Altria's
money, $161,262, was classified as ""other expenses and services.""
Those who follow Idaho politics remember that Blackfoot Republican Rep. Dennis Lake
pledged to carry a bill in 2011 that would increase the state's cigarette tax. But the session
adjourned without any official consideration of the issue.
Lake said the bill never materialized because he couldn't secure the votes to get it out of his
own committee, which is crowded with fellow Republicans.
Wood and Roberts sit on Lake's House Revenue and Tax Committee, while Denney serves as
speaker of the House.
Idaho, meanwhile, has the lowest cigarette tax in the region, according to the Campaign for
Tobacco-Free Kids. At 57 cents per pack, Idaho's tobacco tax is lower than 41 other states.
So, did Altria's
lobbying hinder Lake's efforts?
""Obviously it does,"" Lake said. ""We're still struggling trying to find the votes to get the
bill out of committee. I think the (legislative) body is being lobbied heavily.""
All told, 19 lobbyists spent more than $10,000 on behalf of their clients last year (see
detailed table on Page A4).
Notable expenses included dinners for lawmakers at Boise's Chandlers Steakhouse (which
offers a $62 porterhouse steak ""for two"" on its menu), a night out at the 122-year-old
members-only Arid Club and catered receptions at hotel ballrooms.
The Coeur d'Alene Tribe, for example, spent $23,000 after inviting all lawmakers to a
reception at Boise's Grove Hotel in February 2011.
The Idaho Bankers Association spent about $4,500 for 70 officials to attend a January 2011
reception at the Grove.
And the Idaho Cable Telecommunications Association spent about $2,200 on 27 lawmakers
and guests at another shindig at the Grove.
Melaleuca, the Idaho Falls-based direct-seller of household products, ranked fourth on the
Post Register's list of biggest spenders.
Damond Watkins, vice president of corporate relations and a registered lobbyist for the
company, spent $46,987. But Melaleuca's lobbying efforts weren't geared toward wining
and dining lawmakers.
Instead, Watkins and Melaleuca spent everything on newspaper advertisements across the
state (including the Post Register) supporting Students Come First.
Watkins said his main goal was to inform residents about an issue he believed would better
prepare students to enter the workforce.
""The session started up and you go through all these different hurdles to essentially create
a law,"" Watkins said. ""Everything moves so fast in a three-, four-month period. On the
one hand, the education reform package started and gets changed. There are amendments
slapped on, and it's back and forth from committee to the full floor to be vetted. Meanwhile,
the average person in Idaho Falls or Malad, they don't know what's going on.""
Watkins considered the campaign effective, noting the reform bills are now law.
Financial support for political causes is not a new turn for Melaleuca.
During the past decade, Melaleuca has donated to the campaigns of Idaho Attorney General
Lawrence Wasden, Idaho Supreme Court Chief Justice Roger Burdick and Superintendent of
Public Instruction Tom Luna, the champion of the Students Come First laws.
In 2011, Melaleuca also spent $1 million on a Super Political Action Committee, Restore our
Future, that supports Republican Mitt Romney's presidential bid.
Two names that came up again and again in the statehouse as the most effective lobbyists
were Charles ""Skip"" Smyser and Alex LaBeau.
Smyer is a 62-year-old who wears an easy smile and cowboy boots with his business suits.
Smyser formerly
served in the Legislature, as an Ada County deputy prosecutor and as a deputy Idaho
attorney general. Smyser has served as a lobbyist for 20 years and represents 17 groups.
His clients include the Idaho Ski Areas Association, Molina Healthcare, Merk, Corrections
Corp. of America, AT&T and Altria. (As a condition for agreeing to an interview, Smyser
would only speak as president of the state's lobbyist association. He cited nondisclosure
agreements he said he signed as reasons for not discussing specific clients).
LaBeau is a 42-year-old from Twin Falls with 20 years of political experience. He previously
worked for former Idaho Gov. Dirk Kempthorne and served as executive director of the
Idaho Association of Realtors.
Since 2006, LaBeau has been president of the Idaho Association of Commerce and Industry.
Although he represents a single client, LaBeau's group is widely regarded as among the
most influential and effective lobbying shops in the state.
The IACI's membership includes about 300 Idaho businesses.
In his dealings through IACI, LaBeau lobbies for infrastructure projects, education
programs, water issues and tax policy.
Despite their success, both Smyser and LaBeau said their work is misunderstood.
""In watching TV, it's hard not to believe it's a dirty, dirty business,"" Smyser said. ""But
that's not been my experience. People we deal with are people of integrity and honor.""
LaBeau was similarly concerned.
""There is a misconception we're in there buying people off and that this is only about backscratching and doing people favors,"" LaBeau said. ""But that belies how hard not only the
legislators up here who volunteer, essentially, work, but it's a disservice for all of us who
work up here.""
Smyser and LaBeau said the currency they trade in is credibility, which is more important
than dollars. They view themselves as advisers, helping to convince legislators of the
importance of issues for the lobbyists' clients and the legislators' constituents.
So Smyser and LaBeau go to bat. They read bills and determine how many votes are lined
up. They speak in hearings, meet with lawmakers and work the phones.
David Adler, director of the University of Idaho's McClure Center for Public Policy Research,
said many lobbyists earn lawmakers' trust by becoming sought-after authorities on the
proposals they track.
""Lobbyists play a very important role in our political system,"" Adler said. ""They are
experts on issues and provide legislators with a depth of knowledge on any number of
particular topics that is valuable.""
Another key factor setting lobbyists apart as elite is access. Both LaBeau and Smyser enjoy
access to state officials and leaders.
LaBeau, for example, opens doors by carrying with him the will and goals of hundreds of
business executives in a legislative environment that is vocally pro-business.
Smyser, on the other hand, used to walk the statehouse halls himself and is married to
Republican Sen. Melinda Smyser of Parma. If that wasn't enough, last year Skip Smyser
hired Gov. C.L. ""Butch"" Otter's former chief of staff, Jason Kreizenbeck, at his lobbying
firm. It's hard to imagine that Kreizenbeck's past position won't help him secure an
audience with the governor.
Adler stressed that because of their influence, lobbyists must exercise great responsibility.
""The danger lies in the ability of some lobbyists or some companies to overwhelm the
Legislature and move an issue or block an issue because of their own specific interests,""
Adler said. ""Those interests may run counter to the broader interests of citizenry. When
that occurs, that's when lobbyists earn a bad name as promoting selfish interests that
undermine the interests of the state.""
Lobbyists agree on the importance of being careful.
Lawmakers have long memories, they said, and if lobbyists don't present the alternatives to
one of their positions, the consequences can be as dire as losing the access they covet. Five
hundred unexpected angry constituent calls to a lawmaker's office about an issue a lobbyist
glossed over, for example, could be a career-killer.
""If I have misled or mischaracterized an opponent's side of these (issues), legislators
wouldn't forgive that,"" Smyser said. ""People who do what I do have to be very candid and
straightforward, sharing not only the strengths (of a position) but weaknesses.""
Lobbying 101
Idaho has about 500 registered lobbyists, who pay a $10 annual fee and must don a green
name badge identifying them as they walk the halls of the Capitol.
A lobbyist generally is defined as anyone paid to influence policy decisions.
Lisa Mason, an election clerk and lobbyist specialist at the Idaho Secretary of State's Office,
said lobbyists must disclose everything they spend in a year. If a lobbyist spends more than
$100 on any individual lawmaker or public official, that expense must be detailed in an
itemized expense report available for public review.
Anything less than that has to be reported, in the aggregate, but forms detailing who
benefits from the money are not required.
Lobbyists also are not required to disclose how much they are paid; only what they spend.
While there is a vast difference between the amounts lobbyists spend (dozens reported
spending nothing in 2011), lobbyists may spend as much or as little as they would like.
""No, there is nothing that restricts (what they can spend) as long as it is disclosed,""
Mason said.
Show me the money
Lobbyist's name, total amount spent, groups represented
Amanda Klump, $165,076.75, Altria Group,
Altria
Client Services
Robin Nettinga, $90,366.58, Idaho Education Association
Ken Burgess, $55,976.23, Idaho Charter School Network, COMPASS, Idahoans for Better
Education, Idaho Licensed Beverage Association
Damond Watkins, $46,987.73, Melaleuca
Daniel Chadwick, $38,884.70, Idaho Association of Counties, Idaho Public Health Districts
Jesse Taylor, $33,717.81, Paris Hills Agricom
Patrick Sullivan, $25,190.51, Hospital Corp. of America, Areva, Clear Springs Foods,
CH2MHILL, Refined Energy Holdings, Motion Picture Association
Thomas Wilford, $23,669.41, J.A. And Kathryn Albertson Foundation
Helo Hancock, $23,445.17, Coeur d'Alene Tribe
Jeremy Pisca, $21,156.59, Pharmaceutical Research and Manufacturers, M3 Companies,
Apollo Group, Potlatch, College of Western Idaho, Honeywell, Alliance of Automobile
Manufacturers, Newspaper Association of Idaho, Idaho Beer and Wine Distributors
Association, Idaho Outfitters and Guides Association, Idaho Physical Therapy Association,
Idaho Association of Realtors, Coeur d'Alene Mines, Melaleuca, Saint Alphonsus Health
Systems, International, Gamco, Idaho Building Contractors Association, Connections
Academy
Robert Naerebout, $20,836.25, Idaho Dairymen's Association
Milt Doumit, $17,268.73, Verizon
Heidi Low, $15,956.77, American Cancer Society
John Eaton, $14,936.18, Idaho Association of Realtors,
Jeff Malmen, $14,881.66, Idaho Power
Patrick Kole, $11,115.43, Idaho Potato Commission
Charles ""Skip"" Smyser, $10,697.79, Advantage Professional Mgt., Altria, Apangea
Learning, AT&T, Connelly and Smyser Chartered, Corrections Corp. of America, Cottonwood
Financial, Education Networks of America, Gem Plan, Greater Boise Auditorium District,
Idaho Association of Home Care Agencies, Idaho Orthopedic Society, Idaho Ski Areas
Association, Idaho Trucking Association, Insure-Rite Inc., Merk, Sharp and Dohme Corp.,
Molina Healthcare
Jack Lyman, $10,337.78, Idaho Mining Association, Idaho Housing Alliance
Alex LaBeau, $10,210.11, Idaho Association of Commerce and Industry
The Atlanta Journal-Constitution
February 11, 2012 Saturday
Main Edition
Groups: Boost ethics funds
A coalition of watchdog groups said Friday that cuts to the state ethics commission's budget
have hobbled the agency and resulted in a backlog of unresolved complaints.
"This agency has basically been crippled and is literally in a crisis of ethics because their
budget has been so cut, they are so understaffed and underfunded that they have not been
able to do the job that is laid out for them by law," said William Perry, executive director of
Common Cause Georgia, a member of the Georgia Alliance for Ethics Reform.
Since 2008, the commission's budget has been sliced by 42 percent, leaving the office with
a fraction of its staff and making "a joke" of its mandate to enforce ethics rules, he said.
Legislative officials say the cut has been overstated.
To bolster his claim, Perry provided a report by the secretary of state's office showing
complaints filed before the commission have increased from 88 in 2008 to 200 in 2011,
while the number of cases resolved have not kept pace. In 2011, 75 cases were closed
compared with 109 in 2008.
The commission has a backlog of 135 ethics complaints dating to 2003, said Elizabeth
Poythress, president of the League of Women Voters of Georgia.
"The Legislature can fix this with funding, and that's what we are asking," she said. "The
cuts made to the ethics commission far outweigh the cuts to other agencies."
Budget comparisons provided by the groups show the Legislature has cut its own budget by
7 percent since 2008, compared with the larger cuts to the ethics commission. Gov. Nathan
Deal has recommended a modest increase of about $59,000 for the coming budget year.
The commission's fiscal 2012 budget is $1.1 million.
Legislative officials have claimed the ethics commission was mismanaged under former
Executive Director Stacey Kalberman and returned money to the budget that could have
been used to send required notices to lobbyists and officials accused of violating ethics
rules.
They also say the cuts to the agency budget are overstated, claiming the agency's 2006
budget was increased for a one-time technology purchase and the increase was carried over
several years. However, even factoring out that increase, the ethics commission's budget
has shrunk by a quarter since then, state budget documents show.
Marshall Guest, spokesman for House Speaker David Ralston, said his boss is interested in
strengthening the ethics commission by restoring rule-making power stripped from it in
prior years and is open to increasing its budget.
The group timed its news conference to coincide with the one-year anniversary of a
complaint filed by Common Cause against the lobbyist who took Ralston, his family and staff
members to Germany in 2010 to tour high-speed rail facilities. Perry said the commission
has yet to act on it.
Idaho Falls Post Register (Idaho)
February 11, 2012 Saturday
Main Edition
Education lobbyists invest thousands to get message across
EDITOR'S NOTE: This is the second article in a three-part series looking at the influence of
lobbyists on the Idaho Legislature.
Education is a hotly debated topic in the Idaho Legislature every year.
Among the most vocal voices in Boise are the education lobbyists and advocacy groups,
many of which spend thousands of dollars to bring their messages to legislators and the
public.
Of the more than 15 educational lobbying groups, the Idaho Education Association is one of
the largest organizations and it's easily the biggest spender.
Association President Penni Cyr said the IEA's efforts are to ensure Idaho teachers continue
to have a say in their jobs.
Records on file with the Idaho Secretary of State's Office show that in 2011, the association
spent $90,366. About 74 percent of that figure was spent on advertising.
But the IEA's size and financial clout don't necessarily guarantee that the organization gets
more say in state legislation that affects schools and teachers.
Rep. Mack Shirley, R-Rexburg, conceded that the IEA is more involved in government than
smaller lobbying groups but said the association doesn't get special consideration.
""When there is a difference in opinion between lobbyists, legislators listen to all the facts
and make the best decision,"" Shirley said. ""Sometimes we pass stuff not everyone agrees
on.""
Last year's education reforms are a good example. Legislators passed the reforms proposed
by Superintendent of Public Instruction Tom Luna with the support of several smaller
advocacy groups.
The IEA opposed the Luna reforms.
Bill Davis, former president of the Pocatello Education Association, was among those who
testified on one of the Luna reform measures last year before the House Education
Committee.
""Those guys had their minds made up already,"" he said.
Still, Davis said lobbying efforts, including testimony before state committees and informal
one-on-one meetings with legislators, is worth the time, effort and expense.
""I think it is worthwhile,"" he said. ""You have to let them know there's opposition out
there - another point of view ... or maybe you'll make sense to someone in your argument
(and change a mind).""
The Idaho Education Association works hand-in-hand with school district-level education
associations to collect the opinions of its members and organize events. For example, when
the IEA organized a protest against Students Come First education reforms in March,
teachers across the state, including those in Idaho Falls, Rexburg and St. Anthony, took to
the streets to protest aspects of the measure.
The association also successfully organized a campaign to collect signatures to repeal the
Luna education reforms. The association gathered more than 70,000 signatures last year to
put three referendums on the ballot this November.
Voters will be asked to approve or reject the following legislation:
- A law amending school district funding, requiring a one-to-one computer-student ratio and
an online course requirement for high school graduation.
- Legislation instituting pay-for-performance based on state-mandated test scores, student
performance and hard-to-fill positions.
- A law limiting the negotiating power between teacher associations and local school boards.
""We want to overturn each of the laws in full,"" Cyr said.
The association also is concerned about cuts to teacher salary-based apportionment caused
by the 2011 reforms. The reforms call for cutbacks over the course of several years.
""We think it will be impossible to keep class sizes low and to continue to serve our students
with those kinds of cuts,"" Cyr said. ""It could also lead to layoffs.""
The association has information on each of its legislative positions at www.idahoea.org.
Besides the Idaho Education Association, the most active educational lobbyists are:
- Idahoans for Better Education, an education and collective-bargaining advocacy group
represented by Ken Burgess of Veritas Advisors in Boise. The group spent almost $50,000
on advertising education last year, according to the Idaho Secretary of State's Office.
- The Idaho Association of School Administrators, which reports expenditures of about
$11,000 last year, primarily in living expenses.
- The Idaho School Board Association, which reports spending about $3,600 last year.
Mobile Register (Alabama)
February 11, 2012 Saturday
PRESS-REGISTER 02 EDITION
Former lobbyist admits to bribes
MONTGOMERY - A casino lobbyist who pleaded guilty to conspiracy testified Friday that she
offered bribes to two former state senators to get their votes on a gambling bill.
Jennifer Pouncy, who lobbied for Country Crossing casino, said she offered bribes to state
Sens. Larry Means and Jim Preuitt "in exchange for votes" in 2010.
She was the first major witness to take the stand in the State House vote-buying case. She
was on the stand for only a short time Friday and has not yet described her conversations
with Preuitt and Means. She returns to the witness stand Monday.
Pouncy pleaded guilty to conspiracy in September 2010 and said she is testifying in the
hopes of getting a lighter prison sentence.
"I'm just here to tell the truth," Pouncy testified.
VictoryLand owner Milton McGregor, Means, Preuitt and three others are on trial on charges
of offering or accepting bribes - largely in the form of campaign contributions - to help pass
gambling legislation in 2010. The bill was aimed at shielding electronic bingo casinos from
state efforts to shut them down. It would have held a statewide referendum on gambling
and, if approved, written into the Alabama Constitution that the electronic machines were
legal.
Pouncy worked for lobbyist Jarrod Massey, whose clients included Country Crossing
developer Ronnie Gilley.
Defense lawyers for Means and Preuitt have disputed Pouncy's account and said in opening
statements that the senators voted for the bill because it had changed radically from the
version originally introduced.
Prosecutor Edward T. Kang played a tape of a March 2 call between Pouncy and Massey in
which Massey said that Gilley needed a cell phone number for Preuitt, who owns a car
dealership.
"I think we got a million-dollar vehicle need," Massey said to Pouncy.
Former Legislative Reference Service Assistant Director Monty Feld also took the witness
stand Friday. Feld supervised and worked with Ray Crosby at the LRS. Crosby was set to
stand trial in the case but died last month.
Feld testified that Crosby never mentioned to him or formally disclosed he was being paid
$3,000 a month by McGregor. Feld said he would have been concerned because the
payments came at a time when Crosby was heavily involved in writing gambling bills.
"It would trouble me as to the appearance of impropriety," Feld testified.
Prosecutors have accused McGregor of bribing Crosby to look out for his interests when he
wrote legislation. But under cross-examination by McGregor's lawyer, Feld acknowledged he
had never seen Crosby do anything he considered improper when he was working on
gambling legislation.
McGregor lawyer Bobby Segall asked Feld whether he saw anything wrong in transcripts of
wiretapped calls between McGregor and Crosby as they worked on details of legislation. Feld
said he didn't.
McGregor's defense said in opening statements that Crosby was being paid for election and
political strategy consulting work.
"It was clear in Mr. Feld's testimony that Mr. Crosby did not do anything in terms of that bill
to aid us," McGregor lawyer Joe Espy said after court.
The Arizona Capitol Times
February 10, 2012 Friday
Arizona's Goldwater Institute branded as ‘lobbyist’ for anti-union bills
Behind an array of proposals to weaken unions is a small but influential conservative group
that is partly responsible for moving Arizona’s needle to the right of the political spectrum.
The Goldwater Institute developed and drafted legislation that is now the focal point of what
could be the biggest political fight at the state Capitol this year.
But now the group itself, not just its ideas, is under close scrutiny from opponents.
The Institute is drawing criticisms as some question its clout at the state Capitol and others
accuse it of flouting the state’s registration requirements for lobbyists.
The criticisms are likely to intensify as a series of anti-union proposals, which the Institute
helped craft, advance in the Legislature.
The Goldwater Institute conducted research that showed governments would save hundreds
of millions of dollars if the state eliminated the public unions’ ability to bargain.
Of four measures that are advancing, this piece is the most threatening to the unions — and
the one in which the Goldwater Institute was most heavily involved.
“The ban on state and local laws requiring public-sector collective bargaining — that concept
we owned (and) we developed. It’s based on our research,” said Nick Dranias, the
Institute’s constitutional expert.
The Institute was also a key player in crafting two other anti-union bills, although the ideas
behind them are not new.
One proposal prohibits compensation for public employees while they’re doing union work.
A third component — and this legislation has two versions — would prohibit automatic
salary deductions for union dues unless an employee expressly authorizes it each year.
The law already prohibits compensation for days used for “professional association
activities” in employment contracts with teachers. The current proposal expands this to all
public-sector unions.
Also, lawmakers last year adopted a ban on salary deductions for political purposes unless
an employee expressly authorizes it each year.
But the law exempts public safety employees, such as firefighters, police and corrections
officers, and a federal court blocked its implementation, reasoning that it imposed political
speech burdens on some but not all unions.
“What we did to help there is we took a recent (U.S.) Supreme Court case that upheld a
paycheck protection law and we modified last year’s law… so that it will (fall) squarely within
the Supreme Court decision,” Dranias said.
Union representatives’ animus toward the Institute was palpable when a panel of lawmakers
approved the proposals earlier this month.
Roman Ulman, president of a retiree chapter of the American Federation of State, County
and Municipal Employees, sought to train the spotlight on the conservative think tank.
“I find it very ironic that one organization that is elected by nobody that represents no
community is the one that is out here, giving information, which is wrong, and trying to
destroy our economies and our public employees and our contracts,” he said. “How many
times has the Goldwater Institute intimidated elected officials in order to get their way?”
Another union representative bristled at the group’s study showing public employees are
getting significantly more per hour in salary compared to private employees.
Frank Piccioli, another local AFSCME leader, said the starting salary of 9-11 operators in
Phoenix is $18 per hour.
“We save lives on a daily basis for $18 an hour,” he said. “I’d love to know the salary of the
Goldwater Institute people, because I have a feeling it’s more than $18 an hour and I have
a feeling they don’t save lives. ”
Dranias, who helped draft the legislation to eliminate public unions’ collective bargaining
ability, said the focus on his group, rather than on its proposals, is a diversion.
“Obviously, this is a tactic by the unions to shift the attention from the merits of the policy
idea we have advanced, which could save $550 million a year if it were implemented,”
Dranias said. “This is a diversion tactic because they cannot defend the substance of the
laws that currently give them a special privilege to negotiate in secret with our elected
officials under the threat of litigation. ”
The issue over registering as lobbyists isn’t new.
Michael Williams, who lobbies for the Arizona Police Association and the Phoenix Law
Enforcement Association, complained that the Institute is active at the Capitol — drafting
proposals and pushing for their passage — yet many of its staffers who perform “lobbying”
activities aren’t registered lobbyists.
“I think they are violating the spirit of the law,” Williams said.
Statutes require individuals who lobby on behalf of an organization or public entity to
register as a lobbyist with the Secretary of State.
Actually, the Goldwater Institute had one registered lobbyist last year, but Arizona Capitol
Times research showed that the staffer never testified before any House or Senate
legislative committee last session.
A second employee registered as a lobbyist last month.
But other policy experts at the Institute who often come down to the Legislature are still
unregistered.
This was the subject of dispute between the group and the Secretary of State’s Office, which
last year suggested that one lobbyist wasn’t enough.
In March, Amy Chan, elections director for the Secretary of State’s Office, sent the
Goldwater Institute a letter urging it to register their analysts — who are testifying in
legislative committees and contacting legislators — as lobbyists.
“The Goldwater Institute made 26 requests to speak before the 49th Legislature alone,”
Chan wrote. “The Ninth Special Session was called at the Institute’s urging relating to
putting the issue of the right to a secret ballot before the voters… to the extent that
employees of the principal will be engaging in the conduct regulated by Arizona law as
noted above, each of these people must be added to the principal’s registration. ”
The Institute’s president, Darcy Olsen, denies that her analysts lobby as defined under state
law, citing a statutory exemption for people who provide technical information.
“We’re in compliance with the law, period,” she said. “What they’re doing is not lobbying. ”
Under the law, individuals who answer or provide technical information to lobbyists and
legislators and who perform a professional service by drafting measures or advising clients
about the effect of proposed legislation are exempted from the registration requirements.
Also exempted are members of an association who are not the paid or designated lobbyist
for the group.
Buffalo News (New York)
February 10, 2012 Friday
FINAL EDITION
Senecas hire Masiello's lobbying firm to fight state bid to expand casinos
The Seneca Nation of Indians is expanding its lobbying and communications efforts to block
proposals at the State Capitol threatening its gambling ventures in Western New York with
new casino competition. The tribe has added a lobbying firm whose partners include former
Buffalo Mayor Anthony M. Masiello.
Seneca officials declined to immediately provide Masiello's retainer information. He was
hired only a few weeks ago, so his required financial disclosure reports with the state's Joint
Commission on Public Ethics are not yet due. Masiello's portfolio includes Kaleida Health,
Niagara County and National Fuel.
"From the early days in 2002 when the Senecas first entered into gaming, Tony Masiello has
been there in support. He knows the issues with the state," said Seneca Nation President
Robert Odawi Porter.
The tribe, in a recent filing with the ethics commission, also reported paying $350,000 to
Levick Strategic Communications, of Washington, D.C. It was paid, the filing states, for help
with grass-roots organizing, advertising and website development.
Levick bills itself as representing companies and countries "facing the highest-stakes
communication challenges." The company's clients have included the Catholic Church in its
priest sex case scandals. Levick also has done work on the Gulf of Mexico oil spill and on
behalf of Kuwaiti detainees at Guantanamo Bay.
The Seneca Nation is battling with the Cuomo administration over what the tribe says is a
state breach of contract in allowing new gambling ventures over the years in 14 counties at
the state's western end.
The Senecas got the exclusivity deal to run casinos in return for sharing part of its slot
machine revenues with the state. The tribe has held up $400 million in payments to Albany
the past couple of years, contending the state broke the agreement by -- among other
things -- allowing slotlike video lottery terminals at racetracks.
The tribe also is pushing back against Gov. Andrew M. Cuomo's call for a constitutional
amendment to permit casinos on non-Indian lands. Cuomo has not specified where they
could be located, but some lawmakers have said Western New York could be ripe for more
casino gambling.