Palm Beach Post (Florida)
November 20, 2013 Wednesday
FINAL EDITION
School board delays vote on lobbyist hirings; Conflict-of-interest concerns hold up
contract renewals.
After two months of controversy over who will lobby state and federal legislators on behalf
of Palm Beach County schoolchildren next year, the board still can't decide whether it wants
to keep the two men who have done so for the past decade.
The board voted unanimously to postpone until Dec. 18 its vote on whether to accept new
contract language offered by Vern Pickup Crawford and Ron LaFace for 2014 and 2015.
The two would be paid $173,000 per year under the proposed contracts, which is about
$17,500 less than they were paid this year.
The board had renewed their contracts in September, then voted Oct. 30 to terminate those
new contracts.
Board members Frank Barbieri, Karen Brill and Jennifer Prior Brown voiced concerns then
over the fact that Crawford represents several other districts as well.
The district created a new contract to address the concerns.
The lobbyists counteroffered, according to General Counsel JulieAnn Rico.
Barbieri was bothered by the language the lobbyists offered.
The lobbyists agreed to provide a list of all clients they are registered to represent but
Barbieri said he wanted a complete list of everybody they have business relationships with
in any way.
"I want to know if he represents a publisher that provides tests we buy," Barbieri said. "He
may not lobby for them but he may have a business relationship."
The board had asked for conflict-of-interest waivers from all the other clients acknowledging
that the lobbyists would always represent the school district's position. Crawford and LaFace
instead offered to "resolve any and all conflicts that may arise during the term of this
contract in favor of the school board."
Brown said the waiver requirement was a "take it or leave it" offer.
Board member Marcia Andrews, who voted in September to renew their contracts, voted in
October to terminate them, saying she wanted more direct control over the lobbyists.
On Tuesday night she said she was OK with the language the lobbyists proposed and she
feels they have listened to the board's concerns
"I think we've really made it tight," Andrews said.
At board member Karen Brill's suggestion, the board tabled the vote so Superintendent
Wayne Gent can continue discussing concerns with the lobbyists .
The board also voted 4-3 to keep Chuck Shaw as the board chairman for another year.
The board also voted unanimously to make Barbieri the vice chairman.
Akron Beacon Journal (Ohio)
November 18, 2013 Monday
1 STAR Edition
OUTSIDE AFFILIATIONS COULD CAUSE CONFLICTS; IT CAN BE GRAY AREA FOR
SOME MEMBERS WHOSE INTERESTS COMPETE FOR DOLLARS OR HAVE STAKE IN
REGULATION OF SCHOOLS
Sometimes the private business of state school board members overlaps into their roles
deciding policy for Ohio.
At least four board members have business and private interests that compete directly for
education dollars. Two are lobbyists cruising the government hallways urging lawmakers
and staffers to make decisions beneficial to their clients who have a stake in public
education money and regulation of schools.
Another is married to a lobbyist for private schools who has attempted to sway the state
board as recently as this month, and a fourth generates income from public education
programs also administered by the board.
They suggest there is no problem with this activity, they police themselves, abstain as
necessary and file the necessary statements with the Ohio Ethics Commission.
And while the ethics commission says the law may seem clear - state law "prohibits a
member of a state board or commission from receiving compensation for services he or she
performs personally on a matter that is before the board or commission on which he or she
serves..." - the practice often falls into a gray area.
MONEY COMPETITION
Bryan Williams, an elected school board member from the Akron area, is a lobbyist for
nonunion building contractors, the Associated Builders and Contractors of Ohio.
In that role, he attempts to persuade state legislators and directors of agencies to create
policy and spend money that benefits his group.
At the same time, he chairs the school board's legislative and budget committee, which
monitors and testifies before the legislature on behalf of the board.
Among the topics he lobbied this year: House Bill 168, which would create a new postsecondary education option. The program originally was designed to allow high school
students in districts with limited course offerings to take advanced, college-level classes.
The program has transitioned into an opportunity for students to get a jump on college with
their local school district picking up the tab.
The bill, for which Williams voiced support before the legislature, would also create an
apprenticeship program, not for colleges, but for trades. Contractors could hire students into
apprenticeships and charge the schools for the employment costs of the child.
A co-sponsor on House Bill 168 is State Rep. Louis Terhar, husband of school board
president Debe Terhar. A provision of the bill would require the state school board to create
the rules for the apprenticeships.
Williams also says he lobbied the administration regarding state money for school
construction and regulation of school construction, although there were no details in his
disclosure form as to what he sought.
He also has lobbied bills that would prevent unions and employers from negotiating
contracts requiring a union shop.
And while serving on the state school board and as the lobbyist for construction companies,
he campaigned multiple times against the Coventry school district's proposed levy to finance
school construction. He charged that the project wasted public money and eliminated
competition. His campaign flier asked: "Can taxpayers trust Coventry Schools with a $30
million levy?"
Coventry Superintendent Russell Chaboudy responded that Williams's efforts to defeat the
tax issue conflicted with his role as a policy maker for public education.
"We do know what his interests are. He's a lobbyist for construction groups," Chaboudy said
days before the bond issue failed in February. "We're very confused about his take."
Williams said recently that he and his organization never opposed the levy, but rather
opposed the bidding process and spending plan.
"That's what we opposed and that's what we communicated to the taxpaying public,"
Williams said. "And that is absolutely standing up for public education."
As for conflicts, he said, "There's no way around it; people are going to gravitate to the
position that they have interest in."
He suggested that others are influenced by affiliations: Darryl Mehaffie is a state community
college trustee; Deborah Cain is a retired teacher and union member; Ronald Rudduck is a
retired superintendent now teaching at a college.
CHRISTIAN CLASSES
C. Todd Jones - appointed to the board by Gov. John Kasich - is president, general counsel
and registered lobbyist for the Association of Independent Colleges & Universities of Ohio
(AICUO), which competes for K-12 and higher education dollars.
He represents about 50 private colleges, among them Ohio Christian University, whose
president is Mark A. Smith, another school board member appointed by Kasich.
This year, Jones' association scored a victory. The legislature approved a change in law that
requires the Department of Education to prepare a marketing list of all colleges participating
in post-secondary, distribute that list to all schools and requires the schools to present those
lists to eligible students and their families.
The application of that law must be reviewed by the state board.
Last year, the program collected about $22 million from public schools to pay tuition to
public and private colleges.
Smith's Ohio Christian University, a conservative evangelical school, is among the postsecondary participants, enrolling about 136 students in 2012, according to records.
Although state law explicitly limits post-secondary options to "nonsectarian courses for high
school and college credit," OCU's curriculum doesn't hide its Christian overtones.
A course outline for general psychology, one of its 34 funded courses, focuses on "the
influence of the Christian worldview and integration of the Christian faith within the field of
psychology. Specifically, this course will reflect a holistic Christ centered biblically integrated
education in the Wesleyan tradition."
"All of our courses are going to have Biblical principles," acknowledged Elayne Cabrera, a
coordinator for Trailblazer Academy, OCU's growing program for high school students.
Smith did not return several phone calls requesting comment on the post-secondary issue.
WEARING TWO HATS
On the state board, Jones is Bryan Williams' vice chair of the legislative and budget
committee, which means both walk the legislative hallways representing at least two
different interests.
Jones discloses to the Office of the Legislative Inspector General what topics and bills he
lobbies. He also has filed a statement with the Ohio Ethics Commission and other state
entities disqualifying himself from specific school board votes that have the potential for
conflict.
He did so in 2011 while lobbying the legislature on a college grant program.
However, he did not file a statement regarding potential conflict on post-secondary
education. Jones said in a recent interview that he met any potential conflict early on by
suggesting that AICUO have someone else to do that lobbying.
"I would prefer that we establish, that we exclude me from all policy advocacy and policy
decision-making related to post-secondary education option programs and dual enrollment
programs for the association so that I might be able to maintain my independence as a
state board member to advocate what I believe in that area," Jones said he told his
members last year.
AICUO authorized a hire, but documents raise questions.
Jones disclosed for the January-April filing period that he lobbied the legislature on House
Bill 168, the post-secondary program. For the next period, May-August, he did not include
post-secondary among his tasks.
But in May, as the state budget bill worked its way through the legislature, Jones gave
testimony on behalf of the AICUO commending the Senate for restoring funding and
programming for the College Credit Plus program, "a reformed version of the PostSecondary Education Option."
He told the Senate Finance Committee in a written statement that he appreciated that the
legislation requires the state school superintendent and others to work with his organization
on this program.
That's the superintendent who answers to a board executive committee, on which sit Jones,
Smith and Terhar, whose husband co-sponsored the post-secondary bill.
Asked if his testimony was lobbying, he said: "No. No, no There has to be live legislation
and I would have to be taking a position on it. That is lobbying."
"Lobbying involves advocating for a particular change in law to a piece of pending legislation
that exists," Jones said.
Jones explained that he merely stated AICUO's support for post-secondary and the
association's intent to work with lawmakers moving forward. He never said he would be the
one doing that work.
"I didn't endorse the position of the association. I believe the testimony at the time was to
state the position of the association while I was testifying. It's an important distinction,"
Jones said.
Lobbying records show that another person registered to lobby the bill for the AICUO
beginning in May, but he left the association's employment a few months later.
But even while Jones may have, on paper at least, turned over legislative lobbying to
someone else during the summer, Jones filed another statement saying that he lobbied the
governor's office in the May-August period on post-secondary education.
There is a simple rule for members of the state legislature: They cannot lobby while in
office, said Paul Nick, executive director of the Ohio Ethic Commission.
But when it comes to the state school board, "Lobby law is silent," Nick added.
CONFLICT OF MARRIAGE
Board member Stephanie Dodd of Hebron said she is aware of a potential conflict through
her marriage to Dan Dodd, who lobbied before the state board of education earlier this year
on behalf of the Ohio Association of Independent Schools, a group of high-end private
schools.
That organization asked that private high schools be exempt from the new end-of-course
exams, which will replace the Ohio Graduation Test. Dodd's husband filed disclosure
documents indicating that he would be lobbying the state board of education on other
matters related to graduation requirements and standardized testing, each policy set by the
board.
"In all honesty, if he has an issue that comes before the board," Stephanie Dodd said, "...
I've had to abstain."
Twice she has done so. Once in June when her husband's association lobbied for legislation
to exempt private schools and again on Nov. 12, when the state board passed a resolution
that requires private schools to take an alternate exam.
The Atlanta Journal-Constitution
November 18, 2013 Monday
Main Edition
DeKalb County ethics push slow going
Weeks after DeKalb County shot down most of a request for enough cash to more than
quadruple the budget of its beleaguered ethics board, a slow movement is taking shape to
boost the body next year.
But the slow going on strengthening the board with more cash --- in the midst of a political
corruption scandal that left the elected CEO indicted and questions swirling about other
county staffers --- has already angered and frustrated county residents eager to lift that
cloud of suspicion.
Some are willing to see whether interim CEO Lee May's proposed 2014 budget, which he
unveils next month, includes a promised bump in funding. Others are ready to force, or
take, action.
"The ethics board is the only thing, internally, the county can do to challenge our perception
of corruption," said George Chidi, a business consultant from Pine Lake. "If they won't fully
fund it, we will, even if it takes a bake sale to drive home how tone deaf it is to stall this."
A special grand jury report released in August highlighted just how weak DeKalb's ethics
board is when compared with the allegations of self-dealing and cronyism that point to a
culture of corruption.
The seven-member board should be a signature watchdog. Rare for such bodies, its role is
enshrined in DeKalb's county charter.
On paper, it has the power to hire staff, investigate complaints and, if conflicts or behavior
are egregious enough, fire nearly every county employee and remove office county
commissioners and even the CEO.
On the ground, though, the board has struggled for years to attract volunteers and maintain
a quorum.
That ineffectiveness left the board AWOL in the questionable practices detailed in the
scathing grand jury report. It was similarly absent in the allegations of conspiracy, bribery
and attempted extortion that form the 15-count indictment against suspended CEO Burrell
Ellis.
Acting board Chairman Isaac Blythers said he hoped that attention would help his yearlong
push to get the board both additional nominees and more money.
Its budget this year is $16,500. The bulk of that funding, $12,000, is set aside for a parttime attorney that the county hires.
A proposal that spent months before the County Commission would have awarded an
additional $57,750 for the ethics board this year. Most of the new cash, $35,000, would
have paid for investigators to help review complaints as needed.
The commission balked at that request. The main concerns: complaints over lack of detail
on the need for funding and worry that investigators would embolden complaints driven by
political vendettas.
Late last month, the commission agreed to give the ethics board $15,000 more, all of it to
be used on additional training.
"I know it's a feel-good department right now, but they need a game plan," Commissioner
Elaine Boyer said, adding that would-be complaints could always be directed to the county
District Attorney's Office if the ethics board was not an option.
J.D. Clockadale, a consultant from Brookhaven, said he understood the need for caution
when spending tax dollars.
At the same time, he expects leaders to take seriously the ethics board's request for a
$119,000 budget next year. Generally, that would allow for $48,000 for an attorney to work
additional hours and an additional $60,000 for staff expenses, including investigators.
May, who by law must unveil his recommended budget by Dec. 15, would not comment on
whether he will propose the full amount. He has instead promised a "significant" increase
for the board.
"The onus is on the county to partner up with the ethics board and outline, clearly, what
they're going to do for the betterment of the citizens," Clockadale said. "The whole county is
in obvious need of greater oversight, so we want to see them take this seriously."
Already, statewide officials and organizations have signaled their commitment as well. State
Rep. Mike Jacobs, who represents north DeKalb, has pledged to introduce specific language
to state law that would help get the ethics board more funding if the commission doesn't act
before the Legislature convenes in January.
Common Cause, an ethics advocacy group, has also gotten involved. So far, it has just sent
out alerts, encouraging residents to keep the pressure on the county to act.
President William Perry said the group will continue to monitor the issue, even though it's
rare for the statewide organization to jump in on local issues. "We heard from too many
people in DeKalb, asking for help on this, for us to ignore it," Perry said. "It's good to see so
many people getting involved, so we are trying to be cautiously optimistic that this is going
to happen."
Daily News (New York)
November 18, 2013 Monday
SPORTS FINAL EDITION
Cashing in Anti-corruption chair's $1M loophole
ALBANY - Kathleen Rice, the Nassau County district attorney who co-chairs Gov. Cuomo's
anti-corruption commission, has raised more than $1 million through a legal loophole that
the commission is said to be probing.
The revelation comes after Rice's fellow commission co-chairman, Onondaga County District
Attorney William Fitzpatrick, expressed surprise during a recent radio interview that donors
routinely flout the $5,000 annual corporate contribution limit.
The loophole allows corporations to give unlimited amounts to candidates by creating
subsidiaries known as LLCs, whose donation limits are 30 times higher than those imposed
on regular corporations.
Critics say the practice often helps shield the identities of big donors.
"Why is it legal and why isn't the Legislature putting a stop to it?" Fitzpatrick said.
But a Daily News/New York Public Interest Research Group analysis shows that since 2010,
10 members of the anti-corruption commission Fitzpatrick co-chairs have accepted a
combined $1.17 million from LLCs.
The bulk - $1.04 million - went to either Rice's district attorney campaign account or her
unsuccessful run for the Democratic nomination for attorney general in 2010.
Since 2010 Rice has received 44 donations above the normal $5,000 corporation limit from
LLCs totaling more than $600,000, records show.
The largest donation, $31,000, came from Carnap LLC.
Like Fitzpatrick, Rice has said the commission needs to look at campaign practices that are
legal but shouldn't be.
"Even in a commission rife with hypocrisy and ethical conflicts this takes the cake," a
legislative insider groused. "It's the most blatant example of the commission's 'Do as I say,
not as I do' mentality to date."
According to NYPIRG researcher Bill Mahoney, "Most candidates do exploit these loopholes,
which is why they need to be cleaned up."
Rice is playing by the rules, her spokesman, Eric Phillips, argued.
"Kathleen Rice voluntarily joined this commission so she can help fix the LLC rule," Phillips
said. "If you're serious about public service, then you've got to be serious about fundraising. The DA's trying to change that unfortunate reality. "
Among Rice's fellow commissioners, Onondaga County Executive Joanie Mahoney received
the second-largest amount from LLCs since 2010 - $92,802.
During his radio interview, Fitzpatrick was also critical of candidates who report receiving
reimbursements from their campaign accounts without specifying what they were for.
But his own campaign filings show he had thousands of dollars in unitemized
reimbursements in recent years.
Meanwhile, the commission, the governor's office and lawmakers are said to be in
negotiations as a Tuesday deadline approaches for lawmakers and their businesses to
respond to subpoenas seeking information on legislators' outside income and clients.
A source familiar with the talks said the negotiations range from possibly extending the
response deadline for a second time to narrowing the scope of the subpoenas to a deal on
an ethics reform package that Cuomo wants.
GRAPHIC: KATHLEEN RICE'S BIGGEST DONATIONS FROM LLCS SINCE 2010
Carnap LLC $31,000
Access Industries $25,000
Holdings LLC
Barstow Development $25,000
Co. LLC
Jadam Equities LLC $25,000
MacAndrews & Forbes
Group LLC $25,000
Stratosphere
Development Co. $25,000
Orlando Sentinel (Florida)
November 18, 2013 Monday
FINAL
Jacobs' re-election team lands big new business donors
Attorney Rulon Munns says he's left the local political sidelines and signed on to help lead
the last big fundraising event of the year for Orange County Mayor Teresa Jacobs.
Munns has a long legal and spiritual tie to the Mormon church, which owns the nearly
295,000-acre Deseret Ranches in Central Florida.
Though it's often kept a low local political profile, the church's Deseret Ranches will have a
sizable say on some of the region's future water, road, rail and development issues. Its
representatives regularly meet on these issues with Orange County officials, including
Jacobs, records show.
"I want there to be a cordial and effective working relationship between the county and all
things related to Deseret, to the extent we can accomplish things," said Munns, who lobbies
for two church-tied entities. "What kind of originated it was my desire to be more involved
in local and county issues, and my increasing admiration and respect for the mayor."
Munns agreed to help raise $25,000 for Jacobs. So did fellow event chair Rusty Roberts,
former chief of staff to U.S. Rep. John Mica, R-Winter Park, and now an executive at Florida
East Coast Industries, the company behind a proposed passenger-rail line from South
Florida to Orlando.
Roberts said his Washington job handcuffed his political activity. Now that he's back in
Orlando, Roberts wants to be active.
"I know her and her history," said Roberts, waving off concerns that political donations were
meant to influence Jacobs, because she's been a longtime supporter of the passenger-rail
project.
Jacobs, who has championed campaign-finance and ethics reforms, has said her fundraising
ties to business interests are part of a re-election game she must play to win. But Jacobs
said she's never shied from turning down past donor requests and won't hesitate to again.
"With my voting history, it's hard for me to imagine that anyone is supporting me for any
reason other than a shared belief," Jacobs said.
Jacobs' event marks another pivotal development: It's the first time that new, higher
campaign-donation limits take hold in a big local race. Before Nov. 1, donors were limited to
$500 per election cycle; now it's $1,000.
If Jacobs can amass a pile of campaign cash, it may scare off or allow her to more
effectively battle a potential challenger, namely Val Demings. The former Orlando police
chief says she may take on the mayor in 2014.
If Demings jumps in, donors such as Munns -- who helped raise money for Mitt Romney's
presidential campaign -- will be vital for Jacobs.
The two other top-billed fundraisers for Jacobs' event are developer Jim Pugh, who led the
drive for a new Dr. Phillips Center for the Performing Arts, and CNL Financial Group
Chairman James Seneff. Both are regular fixtures on local donor lists.
But Munns said he's making one of his first major forays into a local political race. This
summer he invited the mayor to visit Salt Lake City, spiritual home to The Church of Jesus
Christ of Latter-day Saints.
That trip never took place. But Jacobs -- as many other local business and government
leaders have done -- spent a day in September touring the church's massive Deseret
property, which grows citrus and other crops, plus serves as grazing land for thousands of
cattle.
Its managers also have talked of opening up the property to other uses, including homes
and commercial space. In 2010, and again in 2011, Orange's elected leaders rejected the
church's Innovation Way East development plan, a 4,600-plus acre project slated for just
south of the BeachLine Expressway.
But stalled development in that planned corridor, dubbed Innovation Way, is expected to reemerge soon. Munns said he's not directly involved with Deseret's Innovation Way plans; he
just wants to give more locally.
"It's time to get more involved in this process," Munns said. "I believe in her and what she's
doing."
Richmond Times Dispatch (Virginia)
November 15, 2013 Friday
State Edition
McDonnell denies gifts were an abuse of power
Gov. Bob McDonnell, fielding questions about his gifts controversy during an appearance on
MSNBC Thursday, said in hindsight he would do some things differently but flatly rejected a
question about abuse of power.
Asked if he agrees that it looks like he abused his position, the governor said, "Absolutely
not."
"I followed the law, I accepted gifts, lot of other governors have done the same thing," he
said.
"In retrospect, I understand that it undermined the trust of the people in me and that's why
I made the changes that I did, and why I apologized, and why we will recommend some
ethics reform changes in the law." McDonnell, in the final months of his gubernatorial term,
joined the program's hosts on the set in Washington.
"I would do some things a little bit differently, now having the benefit of hindsight," he said.
"I'm not perfect, I've made some mistakes. I acknowledged those, we returned the gifts,
paid back loans."
"And then I get up every day and do the best job I can for Virginia," McDonnell said.
The General Assembly, in its upcoming session, is expected to take up reforms to ethics and
disclosure laws. In addition, Gov.-elect Terry McAuliffe has said that the second executive
order he signs will bar the governor or his family from accepting gifts of $100 or more.
McDonnell said that some of the things written on his situation have been inaccurate, unfair
or one-sided, and there "will be a time for me to comment on that."
As for Republican Ken Cuccinelli's recent loss in the election for governor, McDonnell said he
didn't think the defeat could be pinned to one factor, but that the federal government
shutdown "hurt tremendously."
"If that last five weeks of the campaign had solely been a referendum on Obamacare and all
the problems we saw with the implementation I think that might have tipped it in his favor,"
he said. "But the shutdown was folly and didn't accomplish anything."
"We spent the same amount of money and got less productivity for two and a half weeks."
The hosts welcomed McDonnell, noting his approval rating in the state despite his recent
challenges. A September Quinnipiac University poll showed that 46 percent of Virginia
voters approved of the job the governor is doing, while 36 percent disapproved
McDonnell touted Virginia's spot atop Forbes' list of best states for business and said he's
pleased with his work in higher education and reforms in K-12 education.
Asked about Virginia's consideration of expanding Medicaid under the federal health care
law, McDonnell explained that the state wants to see reforms before any expansion.
"We've made a lot of reforms and there may be a time when that happens but we're just
not there yet," he said.