Smyrna Candidate Fennel Lobbying, Running for City Council Seat
On the state and local level, it's legal to be both a lobbyist and an elected official, though federal laws are different.
Ron Fennel says he's offering his time and talents to his community, in his bid for the Ward 7 city council seat in southeast Smyrna. Part of his talents and about one-fifth of his working time is spent in advocacy. For that, read lobbying. But for some, simultaneous lobbying and governing is at least a grey area.
Fennel is CEO of lobbying firm Georgia Capitol Associates, LLC, which advertises services on the federal, state and local level. The clients that he represents under the Gold Dome in Atlanta include the Atlanta Braves and the Atlanta Community Food Bank. His practice overall is concentrated in the hospitality industry. He's also head of the Cobb, Atlanta and Atlanta Airport Hotel Councils, three trade groups run out of the same office suite as Georgia Capitol. As boss of those groups, part of his job is advocacy.
On the state and local level, it's legal to be both a lobbyist and an elected official, though federal laws are different.
But "doing both at the same time creates a public perception problem," suggested William Perry, a registered state lobbyist himself and executive director of Common Cause Georgia, a government transparency lobby.
Should Fennel win the Ward 7 race, lobbying rules still apply, such as spending disclosures or the ban on lobbyists visiting the state House floor. He is running against Garry Osborne, Ziad Salameh and Vic Yankouski.
"I started at the local McDonalds," said Fennel, the first step in what he called decades in the hospitality industry.
"I advocate for people who make a living making meals, making beds, driving cabs, people who work for a living, he said. "I have no compunction about helping to advocate for creating jobs."
Fennel said that advocacy takes about 20 percent of his working time and that he doesn't lobby on the local level.
One of the founders of the Georgia Professional Lobbyists Association says he sees no conflict of interest especially as the office in question is local. "If the person you're talking about is working at a state level, I don't see a conflict," said Rudy Underwood. "I don’t think they get any advantages."
In Smyrna, he would not be called upon to make a decision on the hotel/motel tax. That's set by Cobb County.
And at the state Capitol, where there are decisions to make about the hospitality industry, Fennel said being a city elected official doesn't give him any louder voice than any other city resident.
He knows the state Capitol well enough: he was a state representative from his native Brunswick in the late 1980s and early 1990s.
He co-authored the 1992 ethics law that first made state-level lobbyists disclose their spending on state legislators.
"Everybody's a lobbyist at some point or another," he said. He gave the example of getting in the car after church and rounding up votes on where to go eat lunch.
"We're all about advocating to create jobs," Fennel concluded.
Randy Smyrna realist
3:56 pm on Wednesday, October 19, 2011
Great info! Thanks! Aren't lobbyits supposed to wear lobbyist badge with their registered with the state of Georgia lobbyist number every time they visit State Capitol or an elected official's office?
Teri A.
4:22 pm on Wednesday, October 19, 2011
From the state Ethics Commission (that's not their name anymore):
"Expands the definition of lobbying a “state agency” to include local political subdivisions. This change expands the realm of state agency and vendor lobbyists to include, with respect to vendor lobbyists, anyone who otherwise qualifies as a lobbyist and who is attempting to influence a local county, city or other municipal officials in the selection of goods or services provided to the local government unit or, with respect to state agency lobbyists, anyone who otherwise qualifies as a lobbyistwho and is hired to influence the passage of any rule or regulation of any local county, city or other municipal government unit."
So, yes, per my reading of this (I'm no law talkin' guy, a la Lionel Hutz), the City of Smyrna falls under the definition of "state agency," but the lobbyist only presents themselves as such if they are trying to represent a vendor of goods or services or influence the passage of a rule or regulation.
Hunt Archbold
4:06 pm on Wednesday, October 19, 2011
We'll have to look into that Randy. Thanks.
Teri A.
4:15 pm on Wednesday, October 19, 2011
There have been a LOT of changes to Georgia's lobbying laws in the past year. More information on the 2011 changes can be found here: http://ethics.ga.gov/lobbyist-changes-2011/
Also, I feel that any time there is even the perception of a conflict of interest, a councilmember is obligated to recuse themselves from deliberation and voting on the issue. I recused myself from an issue related to a bid the City received from a company that my husband's firm represented (on an issue unrelated to the bid under consideration by the City), and I know that my colleagues on the Council have done the same when the occasion has arisen.
(Full disclosure: many moons ago, I was a registered lobbyist in Georgia and a couple of other states on behalf of one of my clients. I never actually "lobbied" or ever even had any expenditures to report - and I always reported my $0 expenditures on time - but I did have a name badge.)
Maggie Lee
11:37 am on Thursday, October 20, 2011
Hi Randy,
State-level lobbyists are supposed to always wear their badges at the state Capitol or in state government offices (say, if they go to a meeting of the state Board of Education for example). Essentially, when they're "on-duty."
Randy Smyrna realist
9:22 pm on Wednesday, October 19, 2011
Teri A:
Agree with you that City of Smyrna falls under "state agency". So if Lobbyist Ron Fennel is elected to council should not ethics board look into lobbyist Ron Fennel's clients over the last 20 years to determine what issues he should recuse himself of ... Of course once recused, the residents of the largest Ward in Smyrna are deprived of representation on the council on those issues :(
Teri A.
10:01 pm on Wednesday, October 19, 2011
The past 20 years? That's not a current financial interest, IMO. I once recused myself because I didn't think it was right for me to make a bid decision when one of the firms in the mix was a client of my husband's firm; they weren't even clients that my husband dealt with. I prefer to act with an abundance of caution, something I may be more keenly aware of because I am familiar with lobbying and prefer to avoid the slightest appearance of a conflict of interest. But - using the example of my own recusal - I don't think it's necessary to run a conflict check to see if everyone working with the city was a client of that firm in 1991 - heck, my husband was still an undergrad at that point ;)
May Agnes Scott (rest her soul) forgive me for citing Wikipedia - but here's a generally-accepted take: "Those with a conflict of interest are expected to recuse themselves from (i.e., abstain from) decisions where such a conflict exists. The imperative for recusal varies depending upon the circumstance and profession, either as common sense ethics, codified ethics, or by statute. For example, if the governing board of a government agency is considering hiring a consulting firm for some task, and one firm being considered has, as a partner, a close relative of one of the board's members, then that board member should not vote on which firm is to be selected. In fact, to minimize any conflict, the board member should not participate in any way in the decision, including discussions"
Randy Smyrna realist
2:46 pm on Thursday, October 20, 2011
Teri A:
Could not respond to your comment last night had to get up early for a
Richard Petty race. So much fun! Since you have not lobbyed for anyone
before you got on the council there is absolutely no conflict of interest in
my mind. The fact that you excused yourself from some votes because of your
husbands possible lobbying shows your integrity. I understand that Ron
Fennel was a lobbyist for about 20 years. Not just for some companies but
whole industries. Revolving door of elected office and lobbying is not
good. Why? Because i think they sometimes forget who they really represent
for $17,000 a year and start thinking about who pays them more. If Ron
Fennel is on the council, he is not going to close his lobbying company. It
will still be open and continue to lobby. He says he will stop lobbying if
elected and his wife who worked for Cobb County Chamber of Commerce will
run the show. Do you belive that he will be putting citizens interests
before his profitable relations with businesses that go back decades every
time votes? Here is a list of his clients from his web page
www.georgia-capitol.com there might be more....
American Subcontractors Association
Association Benefits Group
Atlanta Airport Hotel Council
Atlanta Airport Parking Companies Coalition
Atlanta Braves
Atlanta Community Food Bank
Atlanta Convention & Visitors Bureau
Randy Smyrna realist
2:49 pm on Thursday, October 20, 2011
Sorry, could not fit into previous post:
Atlanta Electrical Contractors Association
Atlanta Fire Foundation
Atlanta Hotel Council
Atlanta Licensed Beverage Council
Atlanta Taxicab Drivers Association
Atlanta Taxicab Owners Association
Cobb Hotel Council
Community Associations Institute
Distinct Logic/JiffyTech
Dixie Land Title Association
Georgia Captive Association
Georgia Hospitality & Travel Association
Georgia Hotel & Lodging Association
Georgia Land Title Association
Georgia Motorcoach Operators Association
Georgia Restaurant Association
Group Funds Association
Hilton Atlanta Hotel
Hospitality Mutual Insurance Company
Independent Electrical Contractors Association
Insight Research, Inc.
Marriott Atlanta Marquis
Media Brokers International
Metrotainment Cafes
MCI WorldCom
National Association of the Remodeling Industry
Roofing & Sheet Metal Contractors Association
SCANA Energy
Sea Island Company
Sea Island Credit Union
TaxiPass/Frontier Payment Systems
TEAM Georgia
Title Industry Legislative Action Committee
TouchPoint Marketing Group
Tourism Development Alliance of Georgia
WhatAbout/CityPOD
Winegrowers Association of Georgia
Teri A.
10:15 am on Friday, October 21, 2011
Hi Randy, I would hope that any elected official would recuse themselves any time there was the merest flit of a potential conflict of interest. I know that I would be perfectly comfortable alerting a colleague were there a conflict, as would the city's legal representation and staff - but I am pleased to have never had the occasion to do so, as any time there was a potential conflict, the conflicted councilmember recused themselves. Also, this is not something that happens frequently - I can recall only 2-3 times there's been cause for a recusal in the 4 years I've been on the council.
c. smith
2:57 am on Thursday, November 3, 2011
And if you carefully look at the top of the page under "Clients," it says "We have proudly represented the following:" It does not say "We proudly represent the following..." So how many of these are still clients? If some of them are, I see all sorts of possibilities for potential conflict of interest, depending on what the City Council might be considering -- title companies, several Contractors Associations, insurance/ benefits companies, and on and on. MCI WorldCom? Was that before or after it imploded and someone started serving jail time and many, many people ended up with worthless stock?
K. Davis
4:06 pm on Thursday, October 20, 2011
Maggie Lee: If lobbyist Ron Fennel is lobbying for something in Ward 7 is he still supposed to wear his lobbyist badge with his state issued lobbyist number?
Randy Smyrna realist
6:40 pm on Friday, October 21, 2011
Teri A:
Since lobbyist Fennel has such a robust customer base and long profitable relations in almost every industry he would have to recuse himself almost every vote if he is elected ? How are we residents of ward 7 represented then?
Marky Mark
10:26 am on Wednesday, October 26, 2011
Folks, while I completely understand how easy it is to have a negative view of "lobbyists"...thanks to unfavorable media coverage, personal biases AND a populous that generally will not not take the time to do research and investigation, Candidate Fennel is one of the good guys when it comes to fighting the corruption that is being suggested.
I know him personally. He is above-board in his work and personal dealings. Beyond this internet forum and the mud-slinging (colored as factual because something was copied from a candidate's business website that HE made available to all) there is a real family, a father/husband, mother/wife, wonderful boys...that work to make their community a better place than it is.
No one here knows me and it will stay that way. I read much and post little. I assure everyone reading this that I am as distrustful of government, politicians, lawyers, used car salesmen, etc. as anyone. However, while the anger toward lobbyists in the abstract is completely understandable, this particular candidate, Fennel, you would want advocating on your behalf, and you would be proud. He observes the rule of law and morality.
Btw, which of the Smyrna candidates HAS NOT placed their signs illegally? I can name several that have placed them with seeming disregard for what is lawful. And then complaints follow when they disappear or are damaged?
Randy Smyrna realist
4:16 pm on Saturday, October 29, 2011
Marky Mark:
Why is it illegal for lobbyists to run for any elect office on the Federal level?
Marky Mark
10:43 am on Sunday, October 30, 2011
I could venture a guess, but it would be a guess. So...I give up, why is it illegal for "lobbyists" to run for any "elect" office on the Federal level? And assuming you already know the answer to that question, how does that relate to the Smyrna elections?
SmyrnaCitizen
10:08 pm on Saturday, October 29, 2011
Hi Randy Smyrna realist - IMO, unfortunately, Teri A is not concerned with adequate representation for the residents of Ward 7. Based on conversations with her when the Glock issue was really heated, she is concerned with whatever Max Bacon wants (which is Randy Fennel for Ward 7 - another one he can persuade).
Randy Smyrna realist
8:05 pm on Sunday, October 30, 2011
Marky Mark:
I think a lobbyist would have a much better answer to this question than me. Do you know any lobbyists we can ask that question? What would lobbyist Ron Fennel answer be? Once we get an answer to this question lets explore how this relates to Smyrna. By the way, have you read front page article in AJC about Glock, Smyrna today?
Marky Mark
10:48 am on Monday, October 31, 2011
I have not read the articles, but will go find them. About the lobbyist question..I'll see who I can round up to answer. The issue with Fennel is that he is one of the good guys. He wrote/sponsored legislation in the early 90's to require lobbyists to begin disclosing their efforts to "persuade" legislators. That legislation still stands.
As with many things in the media, and Smyrna Patch is not exempt, the full story is rarely told. The fantastical stories of federal legislators getting wined and dined and schmoozed are reported because they get ratings. Lobbyists do spend a lot of money attempting to influence legislation...the current federal tax code is the epitome of that process gone awry. Federal legislators would frequently support everyone else's 'favorite' lobbyist-proposed legislation so they could get what they wanted. Now that the federal budget has been blown out of the water (actually, there has not been a federal budget for close to three years but that's a different topic) folks are beginning to grapple with fiscal realities.
I say it this way...the reason lobbyists are effective is because elected politicians want to be re-elected, but also because they do sometimes get benefits for their constituents worked into legislation. It is messy.
Anyway, I'll see if I can get a more informed answer to your questions...MM
Randy Smyrna realist
8:21 am on Wednesday, November 2, 2011
Marky Mark:
Any luck with locating your friend Ron Fennel? What would lobbyist Ron Fennel answer to a million dollar question be? Once we get an answer to this question lets explore how this relates to Smyrna. By the way, have you read Sunday's front page article in AJC about Glock, Smyrna ?
Marky Mark
12:56 pm on Wednesday, November 2, 2011
I have located him but unable to get any time...believe it or not I have not forgotten but I know you won't hold your breath. Still have not read the complete Glock article. I do not get the AJC in paper form and when I last checked the AJC website I did not see the story. I understand completely morals and principles...and then there are the everyday realities...most of which I cannot do anything about. And sadly, many decisions come down to the lesser of two evils. But enough preaching. Let me see if I can get my question answered...mm
Marky Mark
2:37 pm on Wednesday, November 2, 2011
RSr, candidate Fennel's campaign phone number is 678-314-1776.
Clearly you are very interested in Smyrna's future, its citizens and elected officials. Hopefully you will contact Fennel as I know he would enjoy the opportunity to answer any questions or attempt to address any concerns you have. He invites citizens to call him. He has additional contact information at his website: http://www.ronfennel.com/Contact-Us.html. And of course, he meets with many concerned voters such as yourself. Just ask him.
I'm sure many in this forum would like to hear what your questions are and his answers. Looking forward to that.
However, as I understand this, lobbyists can hold elected federal offices, just not while they are "lobbying". Not both at the same time. But the laws are very complex as they were written and approved by politicians...some of whom may be trying to serve two masters. Lobbying as an industry or profession has been much maligned in the media. Does lobbying produce some disastrous results when introduced to politicians who have questionable, or worse, ethics? Yes, of course. But the core of that issue transcends politics and lobbying.
That is all of the 'free' research and info I am offering...mm
Chaz Holbrook
8:33 am on Wednesday, November 2, 2011
All I need to know about Fennel is that at the SBA's forum he stood there pointed at Max Bacon and said "I will vote for that man." 'Nough said.
L. Davis
1:11 pm on Wednesday, November 2, 2011
Marky Mark must be the only person in Smyrna (other than Chief Hook & Mayor Bacon) to have not read the entire article. Some residents have parts of it memorized.