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Friday, February 19, 2010
Ind. Gov't. - Ohio federal court throws out Ohio reolving door law intended to limit legislators and staff
A federal district court in Ohio, part of the 6th Circuit, on Feb. 17th, permanently enjoined enforcement of an Ohio "revolving door" statute that provided in relevant part:
(4) For a period of one year after the conclusion of employment or service as a member or employee of the general assembly, no former member or employee of the general assembly shall represent, or act in a representative capacity for, any person on any matter before the general assembly, any committee of the general assembly, or the controlling board. . . . As used in division (A)(4) of this section “person” does not include any state agency or political subdivision of the state.That is from page 4 of the 16-page opinion in the case of Brinkman v. Budish, which is available here, thanks to the blog, Ballot Access News.
The Wheeling W.Va. Intelligencer has this editorial today:
Ohio's "revolving door" law has been overturned by a federal court judge, who was absolutely, positively correct in his ruling. The law as it stands is blatantly unconstitutional.Jim Siegel had this report yesterday in the Columbus Post-Dispatch. An AP story today, to which Niki Kelly of the Fort Wayne Journal Gazette contributed re the Indiana implications, reports:That said, state legislators should rework the measure and, with the judge's valid concerns in mind, replace it.
"Revolving door" laws are intended to prevent public officials from retiring, then immediately taking lucrative lobbying jobs with companies or organizations they once regulated. The need for such rules is clear. They prevent legislators from promoting bills that benefit special interests, then being rewarded with private sector jobs once they leave government. Ohio's statute requires that former lawmakers and legislative staff members wait at least a year before becoming lobbyists. Unfortunately, the measure prohibits even unpaid lobbying.
Former state Rep. Tom Brinkman Jr. of Cincinnati filed a lawsuit over the limit, because he wanted to become an unpaid lobbyist for the Coalition Opposed to Additional Spending and Taxes. The court upheld him, pointing out that the current ban on unpaid lobbying infringes upon First Amendment guarantees of freedom of speech.
The concern is a valid one - but so is the worry that some in government may trade influence for the prospect of lobbyist paychecks in the future. Ohio lawmakers should approve a new "revolving door" bill, this one limited to former government officials and paid lobbying jobs.
“We’ll take our chances,” said Senate President Pro Tem David Long, R-Fort Wayne. “It’s important for a period of time to pass. To me, it eliminates any perception of conflict of interest.”In the current (Feb. 19 printing) version of the bill, SECTION 24 (see p. 33 of the PDF, or p. 29 of the printing) sets out the new one-year lobbying restriction on former legislators:House Bill 1001, which contains the provision, is set for a final vote in the Senate next week before lawmakers from both chambers would have to work out differences on the bill.
Sec. 7. (a) An individual who is a member of the general assembly after December 31, 2011, may not be:The revised definition of "lobbyist" is found at SECTION 13 (see p. 10 of PDF, or p. 6 of the printing).
(1) registered as a lobbyist under this article; or
(2) employed as a legislative liaison;
during the period described in subsection (b).
(b) The period referred to in subsection (a):
(1) begins on the day the individual ceases to be a member of the general assembly; and
(2) ends three hundred sixty-five (365) days after the date the individual ceases to be a member of the general assembly.
Posted by Marcia Oddi on February 19, 2010 09:51 AM
Posted to Indiana Government | Indiana Law | Legislative Benefits