'Ghost lobbyists': Citizens for Ethics Reform calls on city to close loopholes

Citizens for Ethics Reform is pressing city commissioners to sign off on recommendations to tighten restrictions on local lobbying and close loopholes allowing consultants to wield influence without divulging their clients.

The group, which successfully backed a city charter amendment in 2014 that created the Independent Ethics Board, spoke out during a news conference Monday, two days before commissioners and Ethics Board members hash out the recommendations in a workshop.

“The current lobby registration requirement for city government is a joke,” said Ben Wilcox, research director for Integrity Florida and a member of the citizens group. “It’s got a huge built-in loophole that allows ‘ghost lobbyists’ to work behind the scenes influencing city policy for their clients.”

The Ethics Board, in September letters to commissioners, recommended changes to city code to better define lobbying along with a proposed amendment to the city charter that would expand its jurisdiction to cover lobbyists. The charter change would have to go to voters for approval.

Richard Herring, member of Citizens for Ethics Reform, discusses recommended changes to local ethics laws during a virtual news conference Monday, Feb. 14, 2022.
Richard Herring, member of Citizens for Ethics Reform, discusses recommended changes to local ethics laws during a virtual news conference Monday, Feb. 14, 2022.

In its letter, the board noted that current definitions for lobbying involve a “circular narrative” in which lobbying is defined as work done by a lobbyist and a lobbyist is defined as someone engaged in lobbying. The board said its proposal "fleshes out the definition" of a lobbyist using language that "explicitly identifies conduct" of one.

"It is the opinion of the board that such an approach eliminates any ambiguity in the current ordinance, which will better protect those individuals and entities engaging city government and instill confidence with the public," wrote board chair Carlos Rey.

Concerns about lax lobbying enforcement have long swirled around City Hall, even before FBI agents uncovered bribes City Commissioner Scott Maddox funneled from vendors into the coffers of his illicit lobbying firm.

Tallahassee City Hall Building Exterior Thursday, May 9, 2019
Tallahassee City Hall Building Exterior Thursday, May 9, 2019

Back story:

Wilcox, during the virtual news conference, cited reporting by the Tallahassee Democrat in 2020 that detailed how self-described consultants were taking part in activities that mirrored lobbying but weren’t registering to lobby.

“Remember, if you register to lobby, you have to disclose who your clients are,” Wilcox said. “And that’s likely the real reason they don’t want to register.”

INSIDE INFLUENCE:

The citizens group and others, including Commissioner Jeremy Matlow, have criticized the city for slow-walking the Ethics Board recommendations, which have been sitting on the shelf since September.

In December, Matlow moved that the commission hold a public hearing in January on the Ethics Board's recommendations. Commissioners split along factional lines, with Jack Porter supporting Matlow but John Dailey, Curtis Richardson and Dianne Williams-Cox voting no, saying they wanted to hold the workshop discussion first.

Citizens for Ethics Reform also called on city commissioners to reverse a recent decision that the Ethics Board’s jurisdiction does not include the Blueprint board or the Community Redevelopment Agency. The decision was based on advice by City Attorney Cassandra Jackson.

The Ethics Board earlier opined the opposite — that its authority extended to commissioners while serving on either board. Commissioners split over that question, too, last month, with Mayor Dailey the lone commissioner backing the Ethics Board's stance in part. Porter supported the concept but said it needed voter approval first.

More: Split votes, ethics complaints and double standards: City commission deadlocks on greater oversight

The citizens group also asked commissioners to give the Ethics Board the power to grant protections to whistleblowers. It said that only the Inspector General can do so now but that the office is “not truly independent” because it reports to commissioners.

City commissioners are expected to discuss other recommendations from the Ethics Board during its workshop, including one that would more narrowly define provisions barring officials from misusing their public position.

Contact Jeff Burlew at jburlew@tallahassee.com or follow @JeffBurlew on Twitter.

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This article originally appeared on Tallahassee Democrat: 'Ghost lobbyists': Citizens for Ethics Reform calls on city to close loopholes