Council Disappoints On Lobby Ordinance

While City-County Council Republicans fulfilled a promise tonight to pass a lobby registration ordinance, Proposal No. 142, its effectiveness, at least in the short run, will be of little benefit. Nobody will be required to register under the new ordinance until January of next year. More importantly, reporting under the new law will not happen before January, 2011, the same year as the next scheduled municipal election and three years after the last election. The definition of lobbying also excluded actions or communications related to the procurement of contracts, the negotiation of an award of federal or state grant money and the award of economic development incentives. It is not uncommon for businesses or organizations in search of a contract, grant or economic incentive to hire someone with clout at a big law firm in town to help with one of these. Many of the recipients of contracts, grants and economic development benefits also appear on municipal officials' campaign finance reports as contributors. The ability to police "pay to play" activities under this new ordinance will not be improved because of these gaping exemptions in the new ordinance.

The council spent no time debating the proposed ordinance before passing it; however, Democratic Minority Leader Joanne Sanders posed a question of Councilor Lutz as to how its passage would impact a member of the council who, for example, had an interest in the passage of the CIB bailout. Councilor Robert Lutz concluded that Sanders was referring to Councilor Ryan Vaughn, an attorney and lobbyist for Barnes & Thornburg. Lutz dismissed her concern and acted irritated that she brought it up. Councilor Vernon Brown followed up on Sanders' question, asking Vaughn to comment himself. Vaughn explained that he was an employee and not an equity partner of the law firm. He also added that he did not lobby the City on any matter on behalf of his law firm. Accordingly, Vaughn said he had no financial interest in the outcome of any matter his law firm handled for the City of Indianapolis, including the participation of his firm's managing partner, Bob Grand, as head of the CIB. Vaughn's firm, including Grand, have also represented the Pacers and Simon Property Group in the past.

Interestingly, as Chairman of the Public Safety Committee, Vaughn presented at tonight's meeting an ordinance, Proposal 107, appropriating grant money for the Marion County Superior Courts concerning a drug prevention program to fund two salaried positions. Vaughn's law firm lobbies the Indiana General Assembly on behalf of the Marion County Superior Courts. Councilor Maggie Lewis, who is not a lawyer, abstained from voting on the ordinance because her employment involves the awarding of drug prevention-related grant money in Marion County. Councilor Vaughn not only presented the ordinance, but he also voted for it.