House advances ban on lobbyist gifts to local government and school officials

The state House is close to passing another ethics reform proposal – this one aimed at the influence lobbyists have on local elected officials.

Representative Shamed Dogan has proposed banning lobbyist gifts to local government officials since 2015.  (photo; Tim Bommel, Missouri House Communications)
Representative Shamed Dogan has proposed banning lobbyist gifts to local government officials since 2015.  In 2016 it was added to a proposed ban on gifts to legislators and statewide elected officials. (photo; Tim Bommel, Missouri House Communications)

House Bill 229 would bar gifts from lobbyists to local government officials, superintendents, school board members, members of charter school boards, and the staff and family members of such people.

The proposal is described as extending to local elected officials the same ethical reforms the House has proposed for members of the legislature and statewide elected officials, most recently in House Bill 60 which was sent to the Senate in January.

“It would simply bring local elected and appointed officials into the same standards that we’ve set for ourselves in terms of banning lobbyists gifts for them,” said the bill’s sponsor, Representative Shamed Dogan (R-Ballwin).

“It clears up the definition of local government lobbyists, which is somewhat murky right now.  Not everyone who gives gifts to local government officials right now is required to register as a local government lobbyist, so this requires them to do that,” said Dogan.

The bill originally extended its prohibitions only to governments and school districts with annual operating budgets of more than $10-million.  It was amended to remove that cap.

Representative Deb Lavender offers an amendment removing a provision that extended the gift ban only to officials in local governments and school districts with annual operating budgets of $10-million or more.  (photo; Tim Bommel, Missouri House Communications)
Representative Deb Lavender offers an amendment removing a provision that extended the gift ban only to officials in local governments and school districts with annual operating budgets of $10-million or more. (photo; Tim Bommel, Missouri House Communications)

That amendment was offered by Kirkwood Democrat Deb Lavender.

“I think you can make a case the smaller you are – county, city, town or village – operating with a budget of $10-million or under that, you might actually be more apt to consider taking a gift or have your vote influenced,” said Lavender.

Odessa Republican Glen Kolkmeyer said he is glad the proposal would extend to superintendents, after an incident he said happened in the Wellington-Napoleon School District.

“The superintendent lobbied hard to put in a computerized climate control system in the school.  It was a quarter of a million dollars.  By the time they paid interest, because they had to finance it, it was a third of a million dollars, for them to use it for two or three years and for the next superintendent to walk in the door and scrap it,” said Kolkmeyer.  “I’m glad that this includes school superintendents because I think some of our superintendents are living pretty high on the hog by some of the perks that are given them.”

Dogan said he’s seen similar situations unfold in St. Louis-area school districts.

Dogan has also cited, in promoting his bill, an experience he had while a Ballwin Alderman.  He learned the city administrator had accepted World Series tickets from a trash company that had a no-bid contract up for approval with the city.

Just as HB 60 would allow lobbyists to contribute money to events to which all state elected officials and legislators are invited, HB 229 would allow lobbyists to pay for events to which all members of a political subdivision or all members of the General Assembly are invited.

HB 229 has broad bipartisan support.  One more favorable vote will send it to the Senate.

Missouri House asked to consider multiple ethics reforms

House lawmakers continue to lay out a slate of proposed ethics reforms they believe would help restore the public’s trust in Missouri’s elected officials.

Representative Kip Kendrick (photo; Tim Bommel, Missouri House Communications)
Representative Kip Kendrick (photo; Tim Bommel, Missouri House Communications)

Columbia Democrat Kip Kendrick presented to the House Committee on General Laws, House Bill 217, an omnibus bill encompassing a series of measures offered by other members of his caucus.  He said each proposed reform is based on promises made by candidates during the recent campaign cycle – promises that he says were endorsed by voters based on which candidates made those promises and won.

“There is the appearance, obviously, of corruption. There’s a lack of trust – I believe that we all see it – a lack of trust that the people have in how the processes unfold here at the State Capitol, at the federal level as well,” said Kendrick.  “The bill before you, make a strong argument that it’s an aggressive and comprehensive anti-corruption, reform bill.”

Two key provisions would build on work already done by the House toward ethics reform that House Democrats say they want to take farther than earlier proposals.  One aims to ban gifts and monetary donations from lobbyists to elected officials.

Kirkwood Democrat Deb Lavender is carrying the Democrats’ version of a proposed gift ban, House Bill 212.  She told lawmakers her bill would be tougher than House Bill 60, passed two weeks ago by the House.

Kirkwood Democrat Deb Lavender is carrying the Democrats’ version of a proposed gift ban, House Bill 212.  She told lawmakers under House Bill 60, passed two weeks ago by the House, organizations could exploit a provision that lets them provide meals for legislators at events as long as all members of the General Assembly and all state lawmakers are invited.

      “I have been invited to a Bar Association Dinner in Kansas City.  I’ve now been invited to one in Jefferson City and I’ve been invited to one in St. Louis.  A year ago I was invited to the one in St. Louis,” said Lavender.  “So as the entire General Assembly has now been invited to all three events, and perhaps more, here is how the Missouri Bar Association is already working around a bill that has passed on our floor; how they can still take you out and buy a meal and report it to the General Assembly so there’s no individual accountability.”

The other provision proposes extending the prohibition on elected or appointed officials or legislators becoming lobbyists from six months to five years after their term has ended, and would apply that to certain legislative staff.  It is also found in House Bill 213, sponsored by Representative Joe Adams (D-University City).

“This is what [Governor Eric Greitens] suggested in his campaign as he was running for the office, head of the state, so basically using his words,” said Adams.

Other provisions in HB 217 propose prohibiting any candidates’ committees from transferring their funds to their candidate’s family members; requiring former candidates to dissolve their candidate committees; and letting the Missouri Ethics Commission prosecute criminal cases and initiate civil cases if the state Attorney General declines to pursue either regarding an alleged ethics violation.  Those provisions are found in House Bill 214 (Tracy McCreery), House Bill 215 (Mark Ellebracht), House Bill 216 (Crystal Quade), respectively.

Representative Shamed Dogan (photo; Tim Bommel, Missouri House Communications)
Representative Shamed Dogan (photo; Tim Bommel, Missouri House Communications)

Republicans have their own proposals to further reform Missouri ethics laws.  Ballwin Representative Shamed Dogan wants to ban gifts from lobbyists to local government officials.

Dogan said such officials are held to a much lower standard than legislators.

“I was an alderman in my city before being elected to this position, and we had a trash contract that was before our city.  I subsequently found out, after we’d passed this trash contract on a no-bid basis, that our City Administrator had been lobbied by that trash company by taking him to game seven of the World Series in 2011,” said Dogan of his proposal, House Bill 229.

Republican Tom Hurst (Meta) presented House Bill 150, which would exempt individuals not paid to lobby from having to register or report as a lobbyist.

Hurst said he wants members of the public to know that they can talk to elected officials about issues that concern them without having to file as a lobbyist, and without fear of being prosecuted for failing to file.

“The gray area tends to make people that I talk to wary about what they think happens in this Capitol and what they can do, legally, without getting in any trouble,” said Hurst.

Republican Jean Evans said the bill could raise more issues.

“So what’s to keep someone who’s not registered as a lobbyist, who’s not paid, from, say, giving lavish gifts to a legislator that’s not being reported in order to affect some sort of change in legislation or in order to, say, perhaps influence a decision on procurement whether it’s at the state or local level?” asked Evans.

The committee has not voted on any of those bills.

House Speaker Todd Richardson (R-Poplar Bluff) and other legislative leaders have said ethics reforms would continue to be a priority in the 2017 session.