Category Archives: lobbyists

Lobbyist spending falls in the first two months of 2015

I downloaded the latest lobbyist expenditure reports filed with the State Ethics Commission last week, and did a quick review for my column that appears at Civil Beat today (“Ian Lind: Lobbyist Spending Is Concentrated at the Top“).

The latest reporting period covered January and February of this year.

I found several interesting things.

First, lobbying expenditures are dropping overall. Looking at the same two-month period over the past several years, total spending dropped from $1,250,532 in 2013 to $832,808 in 2015.

Second, a few organizations with substantial budgets accounted for a large part of the total spent on lobbying.

I found that the top 22 organizations racked up just over half of everything spent for lobbying during the period.

Altria, the tobacco giant which owns Philip Morris and other smoking-related companies, outspent all others during the same two-month period in 2014 and 2015, and was in second place in 2013, according to the reports filed with the ethics commission.

And, finally, I looked at the field of lobbyists. Two firms stand out with the most clients. Capitol Consultants, and Slovin and Ito, LLP, each had more than two dozen major clients.

I found that it’s getting easier to do this kind of very basic breakdown using the State Ethics Commission records now available online. I was able to download their lobbyist expenditure database and the lobbyist registration database, open the data on my laptop, and relatively quickly massage it to produce some usable insights.

I wonder if a step-by-step guide would be useful? If more than a couple of people would find it of interest, then I’ll spend a little time pulling something together.

More info released in advance of Carleton Ching confirmation hearing

The amount of publicly available information being released in advance of Wednesday’s confirmation hearing for Carleton Ching has been growing rapidly.

Checking the status page for Governor’s Message 514 shows five batches of individual testimony, one batch of organization testimony, and the nominee’s own testimony, basically a rewrite of the resume posted earlier.

For those of you who don’t follow blog comments, here’s one from activist Bart Dame which includes a link to the video of a recent appearance by Ching at a small community gathering.

Those wanting to hear Carleton in his own words, can watch this video of his “talk story session” held a couple of weeks ago by the Environmental Caucus of the Democratic Party.

Listen for his non-responsive answers, as well as how little of substance he actually says.

As Henry Curtis has pointed out, despite Ching vaunted “private sector experience,” had this been a job interview for a major corporation, given his inability to describe the mission or operations of the organization he wants to lead, he would not get the job.

Thanks for sharing that link, Bart.

Two informative items about the Carleton Ching nomination

Progressive activist Bart Dame has posted a couple of very interesting items this week about the nomination of Carleton Ching to head the Department of Land and Natural Resources. They are worth sharing.

First, he posted a graphic distributed by the Building Industry Association attacking the State Historic Preservation Division of DLNR. Until his nomination, Ching served on the board of the BIA.

Here is a logo the Building Industry Alliance sent out to its members and circulated to the public at trade shows.

Now, a member of the Board of the BIA, Carleton Ching, is seeking to become Chair of DLNR and to be put in charge of the State Historic Preservation Division.

You see why folks think he may be a bad choice for the job?

Distributed by BIA

And then he provided this thoughtful perspective on the political dynamics at work. I’m sharing this long post with his permission.

There is a lot of “inside baseball” stuff going on in the Senate which complicates understanding the reaction of the body. Two Senate leaders visited the Fifth floor to ask the Governor to withdraw the nomination. It is my understanding the Governor intends to stand by the nominee, an admirable attitude, since it was the Governor’s people who had sought out Ching in the first place.

While I can respect the Governor’s loyalty, he needs people around him to help him overcome those personal feelings and do what is best for both the state and his ability to function as Governor. Unfortunately, it was the people around him, his closest advisers, who apparently chose Ching in the first place. So the problems with the Ige administration appear to be much deeper than the Ching nomination.

Some senators may feel “they ought to be deferential to the governor” in his appointments. But they cannot so easily abdicate their responsibilities when a nominee lacks the qualifications for the job as Ching obviously does. Their “advise and consent” responsibility obliges them to protect the public interests when the Governor makes a serious mistake. For the good of the state, but also for the good of the Governor.

Many of the Senators have been laying low, dodging and weaving on the nomination. It is understandable most of them would wait until the hearing and the committee’s recommendation before committing to either support or opposition to the nomination. But there are also other, unseemly considerations which appear to be distorting the process. The administration has been offering financing for Capital Improvement Projects in the home districts in exchange for votes.

In addition, factional considerations have been at work as well, distorting the process. Senator Green is aligned with the “Chess Club” faction, the faction to which Ige belonged when he was their colleague. Despite their personal friendship with Ige, it is the senators aligned with the Chess Club who appear to be most concerned about the nomination, both as policy and for the damage it may do to the Ige administration.

The leaders of other factions, sensing the ill-ease of the Chess Club members, and not caring one way or the other about the Ching nomination, seem to be taking a “wait and see” approach, reluctant to help Ige, their Chess Club colleagues or to align with the environmentalists and cultural practitioners opposed to the Ching nomination. Who can offer them what? Do the constituents in their district really care about this to the point they have to act? Or will it all blow over?

Your editorial points out David Ige is an engineer. Yep, and I liked that in Ige the candidate. I expected it meant a pragmatic, problem-solving approach to the challenges we face, swayed by reason, after due diligence and consideration. But Ige is also a businessman, who apparently shares the Castle & Cooke, LURF, BIA attitude of Carleton Ching, that natural resources are there to be transformed into a revenue stream. And David Ige is also an honorable man, who feels bound to support Ching after his people talked Ching into putting forth his name.

While I would prefer Ige listen to his senate allies who are advising him to withdraw the nomination, or the calm, rational engineer who can see how destructive this will be for his ability to govern over the next four years, I expect this to unfold like a Greek tragedy, where the virtues and flaws of the protagonist lead, inexorably to a predictable result as the audience watches it unfold, feeling sad but powerless to intervene. I guess those of us commenting here have been assigned the role of the Greek Chorus.

Would this have played out differently if Senator Inouye were still alive, helping steer the ship of state to avoid running into shallow reefs?

Is State Ethics Commission looking to backpedal on “goodwill lobbying”?

One of the items on the agenda for today’s meeting of the State Ethics Commission is a report by Executive Director Les Kondo, which includes a list of “Projects Under Consideration.”

The first item: Reconsidering whether “lobbying,” as defined in HRS section 97-1(7) includes “goodwill” or relationship-building lobbying.

There’s no indication of what the proposed “reconsideration” involves, but if it means that the intent is to reinterpret the law to exclude “goodwill lobbying,” that would be a real setback.

The commission’s current position is spelled out in a December 6, 2007 memo by then-executive director Dan Mollway.

The Lobbyists Law is set forth in chapter 97 of the Hawaii Revised Statutes (“HRS”). HRS section 97-1(7) defines the term “lobbying” as follows:

“Lobbying” means communicating directly or through an agent, or soliciting others to communicate, with any official in the legislative or executive branch, for the purpose of attempting to influence legislative or administrative action or a ballot issue.

When trade associations and others meet with lobbyists for the purpose of “getting to know” legislators or to develop rapport, this is considered “goodwill lobbying,” and would constitute lobbying under HRS section 97-1, since there is communication for the purpose of lobbying. The fact that specific legislative measures are not discussed does not mean that the meetings are not considered lobbying. If the purpose of the meeting is to develop a relationship with legislators, getting to know legislators, or establishing rapport with legislators, and the trade association, etc., will be lobbying, then such meetings with legislators constitute lobbying in accordance with chapter 97 and must be reported on the appropriate expenditures report for the appropriate lobbying reporting period.

It seems to me that when lobbyists set out to build personal or social relationships with lawmakers, it is certainly undertaken for the purpose of influencing subsequent legislative action whether or not specific legislation is discussed during each contact.

Just ask yourself how much lobbyists spend on former legislators after voters dump them out of office. It’s not personal, it’s political. It’s really not the personal relationships, it’s about what it takes to get bills through the legislature in forms acceptable to the lobbyists and their clients.

Exempting goodwill lobbying would potentially open a big loophole in an already weak lobbying law.

And it’s important to note that exempting goodwill lobbying from lobbyist disclosure requirements is highly controversial elsewhere.

That said, there are aspects of goodwill lobbying that could be reconsidered, including the propriety of inviting legislators to public charitable events such as fundraising dinners or receptions.

Congressional rules allow such events under certain circumstances, and it wouldn’t hurt to review whether we could benefit from adoption of a similar approach. However, because certain large and politically influential special interest groups in Hawaii are technically nonprofit or charitable in nature, this is trickier than perhaps in the national/Congressional context.

A Google search did turn up an interesting 1995 court decision in Vermont that spells out why regulation and disclosure of goodwill lobbying doesn’t run afoul of the First Amendment.

In any case, I hope that any “reconsideration” the commission might undertake is done with considerable care.

Other projects being considered, according to the agenda:

Reconsidering whether HRS sections 84-14(a) and/or 84-14(d) does not apply to state employees serving on private organizations’ boards in their “state capacities”;

Examining whether state employees may accept discounts and other special deals offered to them because of their status as state employees from private organizations; whether employees may accept discounts and other special deals offered only to employees of a specific state agency from private organizations; ·

Examining legislators’ use of their 2015 discretionary allowances.