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Ethics Code and Lobbying Law

2013 Seminar for Educational Approval Board. Ethics Code and Lobbying Law. Kevin J. Kennedy, Director and General Counsel Jonathan Becker, Division Administrator Wisconsin Government Accountability Board . POLITICAL MARKET

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Ethics Code and Lobbying Law

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  1. 2013 Seminar for Educational Approval Board Ethics Code and Lobbying Law Kevin J. Kennedy, Director and General Counsel Jonathan Becker, Division Administrator Wisconsin Government Accountability Board

  2. POLITICAL MARKET Conscientious Rail-road President to Dealer: “Ah! Let me see. I think I’ll take this bunch of Legislators at $5000 a head. The Senators, at - what price did you say?” Dealer: “Can’t afford ‘em less than $10,000 each.” R.R.P.: “Well, hand them over. I suppose I’ll have to take the lot.” Dealer: “Anything else to-day? I have a lot of Editors, at various prices, from a Thousand down to Fifty Cents.” R.R.P.: “No, nothing in that way, to-day. But I want a Governor very much indeed, and will stand $50,000 for him. Get me a Wisconsin one, if possible!” Cartoon published in Harper’s Weekly of June 12, 1858, at the time of the Land Grant Investigation

  3. Government Accountability Board • Created by 2007 Wisconsin Act 1 • Six members – all former judges • Non-partisan • 6-year term of office • Actions require 4 votes • Headed by Director and General Counsel • Two divisions – Elections and Ethics & Accountability • Confidentiality – Advice and investigations

  4. Statutes • Ethics Code, subch. III, ch.19 • Can’t use office for private gain • Can’t use office for unlawful benefit • Can’t solicit or accept anything if could reasonably be expected to influence judgment • Can’t participate in official matters in which you or your family has a financial interest • Lobbying law, subch. III, ch. 13 • Can’t accept anything of pecuniary value from a lobbyist • Can’t accept anything of pecuniary value from a lobbying principal

  5. Acting on matters in which financially interested May act in most matters --- Except when action affects the financial interest of: • the official, • a member of the official’s immediate family, or • an organization of which the official or official's spouse is an officer, director, owner, or agent that differs from the interests of a large group of affected interests.

  6. Administrative rule on offering recreational facilities • Approving a school that competes with another college

  7. Accepting gifts, tickets, and the like Don’t accept items or services of more than trivial value that are offered to you because of your official position. Do not accept any item of pecuniary value from a lobbyist (even if you pay or reimburse the lobbyist). Do not accept anything of pecuniary value from a business or organization that employs a lobbyist unless the organization makes the same offer, in the same manner, to the general public.

  8. Ticket for opening day • Old friend from college • Friend is now a lobbyist • May you accept the ticket?

  9. Food, Drink, Transportation, and Lodging You may accept transportation, lodging, meals, food and beverage if: • In connection with presenting a talk, or • If your acceptance of items is for the benefit of the state – attendance approved and the state would otherwise reimburse the expense, or • Invitation is unrelated to public position and not from a lobbyist or an organization that employs a lobbyist REPORTif > $50.

  10. Veterinary tech college reception • Buffet and cash bar • Presenting a program • Registered lobbying principal • Caviar, shrimp, and crab legs for $5?

  11. Soliciting items Don’t solicit items from a lobbyist or an organization that employs a lobbyist. Don’t solicit if it could reasonably be expected to influence judgment. Don’t use your position to solicit items for yourself, your immediate family, or for an organization with which you are associated.

  12. Solicitation for multi-state conference on higher education • Wisconsin Podunk college, application pending • American College of Nurse-Midwives, a lobbying principal

  13. Solicitation for multi-state conference on higher education Solution: Department of Tourism and Economic Development Corporation

  14. Where to get more information • Guidelines --http://gab.wi.gov • Advisory opinions [Prompt, confidential, authoritative] • Government Accountability Board’s staff

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