Alabama Gets Serious about Ethics and Lobbying Reform

One isn't giving away state secrets to note that Alabama has historically been regarded as the political Wild West when it came to campaign finance, lobbying and ethics reform. Recent high profile criminal indictments and guilty pleas involving legislators and lobbyists alike have certainly helped solidify that reputation. Now, with a press announcement giving nod to Alabama's -- shall we say -- checkered penal past, Alabama Governor Bob Riley can claim triumph in transitioning Alabama from having "some of the weakest ethics and public corruption laws in the country to some of the strongest."

Earlier this month, pursuant to powers afforded by the Constitution of Alabama, the governor called the Alabama Legislature into Extraordinary Session to provide him with comprehensive Political Law reform. On December 16th, the Legislature adjourned having provided Governor Riley with the legislation he was seeking. In a photo op on December 20, surrounded by Boy Scouts whose stern little faces showed how serious their Governor is about corruption reform, Governor Riley signed seven separate pieces of legislation including provisions "to ban PAC-to-PAC transfers, put the first-ever limits on what lobbyists and those who hire lobbyists can spend on public officials, grant the Alabama Ethics Commission subpoena power, ban pass-through pork spending and double dipping  by legislators, end taxpayer funding of political activity for special interest groups, and require lobbyists who lobby the executive branch to register and file disclosures."

Continue Reading...

Additional Settlements in New York Pension Fund Investigation

New York State Attorney General and Governor-Elect Andrew Cuomo has announced additional settlements in his investigation of "pay-to-play" practices and conflicts of interest at public pension funds. Veteran Albany lobbyist Patricia Lynch Associates, Inc. will pay a $500,000 fine and be banned for a period of five years from appearing before the State Comptroller's Office. The State Comptroller is the sole trustee of New York State's approximately $133 billion Common Retirement Fund (CRF).

Cuomo's investigation showed that Lynch, a former top aide of Assembly Speaker Sheldon Silver, arranged contributions to former Comptroller Alan Hevesi's campaign. She also assisted in securing a consulting contract for the daughter of the Comptroller's Chief of Staff and provided thousands of dollars in gifts to the daughter. Lynch met with the Comptroller and with senior staff in his office to discuss proposed investments by her lobbying clients. She and a partner, L.W. Strategies, also received fees from a client for lobbying the New York City Police and Fire pension fund.

Continue Reading...

MSRB Takes on Pay-to-Play Again - This Time in the Muni Advisory World

The Municipal Securities Rulemaking Board (“MSRB”) is at it again. MSRB is wasting no time putting rules in place to address pay-to-play practices for the advisory community. MSRB called a special meeting to address this issue, among others, on the heels of the 2010 Dodd-Frank Act, which expanded MSRB’s jurisdiction to include the regulation of municipal advisors, in addition to dealers, which MSRB has regulated since 1975. The MSRB Board of Directors agreed to issue a request for comment on a rule that would restrict municipal advisors from engaging in or soliciting business from municipal entities when an advisor has made certain political contributions to a municipal officer responsible for awarding that business. The rule would mirror the one currently in place for dealers. MSRB officials have said the rule would not be retroactive.

“We are wasting no time in seeking to implement a rule to address ‘pay-to-play’ practices in the municipal market,” said MSRB Chair Michael Bartolotta. “The MSRB already stringently regulates this area of the municipal market with rules restricting pay-to-play by municipal securities dealers, and putting similar rules in place for the advisory community is one of our top priorities.”

The Board also discussed its continued efforts to provide guidance on contributions by political action committees of companies affiliated with dealers. MSRB’s interpretive guidance takes effect on December 12, 2010. In light of such guidance, MSRB has decided not to take further action on an earlier proposal to require dealers to name PACs of their affiliated companies. Stay tuned for updates in this area.