Mack Truck Exceptions to New Gift Provisions in Alabama
People in Alabama are falling over each other claiming that their
ethics reforms give the state the best, toughest ethics laws in the nation. But
when you take a closer look, some of them don't look all that good.<br>
<br>
<a href="http://www.flashpointblog.com/wp-content/uploads/2010/12/SB14-int.pdf&q…; target="”_blank”">A
principal reform involves finally placing limits on gifts,</a> apparently a radical move. But
oddly, the gift provisions give lobbyists and their clients separate
limits, allowing $400 per combined lobbyist/client per year. But that's
the good part. The bad part is, as so often, the exceptions to the law.<br>
<br>
One state rep is quoted in <a href="http://blog.al.com/spotnews/2010/12/ethics_reform_in_alabama_may_b.html…; target="”_blank”">a
Birmingham News article yesterday</a> as saying,"You could drive five
Mack Trucks through the holes in that bill. It's not going to change
one thing." The biggest hole is the "educational function" exception.
It is defined in an upside-down manner. It has to be something that
"could not reasonably be perceived as a subterfuge for a purely social,
recreational or entertainment function."<br>
<br>
What sort of guidance does this provide? Think about it. If a
lobbyist takes advantage of the exception, there is a good chance that
it could reasonably be perceived as a subterfuge, at least by anyone not caught up in the whole game of wining and dining government officials. But that would make
the exception useless, which was clearly not the intent, so the
definition must not refer to the perceptions of real people. Once you establish this, you are
on the other side of the looking glass, where there is neither guidance nor a hook to hang enforcement on.<br>
<br>
And that's not all. There are other exceptions that make the gift
provision worthless. One is the "widely attended event," which includes
dinners and receptions at which more than 100 people "with a diversity
of views or interests" are expected (of course, they don't have to
come, so a gun manufacturer could invite dozens of liberals who wouldn't dream
of showing up, and still meet the requirement). Also exempted are events
tied to conventions and conferences, events tied to economic
development and trade promotion, and any event where the official will
be "meaningfully participating" in his or her official capacity. One Mack truck after another.<br>
<br>
With all these exceptions, a gift provision is not going to change the
culture, as so many people are saying. If the culture is as bad as they
say, with officials partying just about every night on the tab of
lobbyists and their clients, exceptions might slow things down a bit,
but will mainly require a little more work on the part of lobbyists and
event consultants.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
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