Friday, October 22, 2010

Did the Indiana Department of Administration Violate the Law In Allowing Ryan Vaughn's ACS Lobbying Record to be Deleted?

To reset the scene, the Indianapolis City-County Council is currently debating entering into a 50 year contract with ACS to taking over the City's parking operations, including the parking meters in the City. ACS is the same company that, along with IBM, played a role in screwing up the FSSA Medicaid privatization program. According to the Indianapolis Business Journal, the original contract proposed by the Ballard administration could be worth up to $1.2 billion to ACS.

Joe Loftus, a partner at Barnes & Thornburg, is on the City's payroll to advise the Mayor. He is also a paid lobbyist for ACS. We have been assured that Loftus takes off his ACS hat when he talks to the Mayor. Okay, right.

Council President Ryan Vaughn also works at Barnes & Thornburg and was listed as a lobbyist for ACS on the State's Department of Administration website, a fact first pointed out by Gary Welsh of Advance Indiana. I published the information on my blog.

When Nuvo's Austin Considine asked Vaughn about his ACS lobbying record at DOA, Vaughn declared it was a mistake and that he would have someone from his office fix the record. Indeed shortly thereafter the record of Vaughn lobbying for ACS disappeared from the DOA's website. It was told to me that people simply register on line as a lobbyist and that the system allows people to go back later and change the records.

While looking through the Indiana Administrative Code yesterday, I stumbled across the DOA regulations dealing with lobbying. If what I was told is correct, DOA is not at all following the executive lobbying regulations.

First, 25 IAC 6-2-1 outlines what must be in the initial registration statement. While most of that information is contained in the statement, it must be signed under oath. According to 25 IAC 6-2-3, any amendment to the report needs to be filed within 15 days of the change. If for example, someone was intending to lobby the Department of Insurance, and it never happened, the amendment to the registration needs to be made within 15 days of that change. Here the lobbying records were from 2009. The time for amending the records were long passed.

Finally under 25 IAC 6-3-1(h) the Department of Administration is to "preserve statements and reports filed under this article for a period of four (4) years from the date of receipt.

Assuming Vaughn's firm could go in and change records, DOA's allowing lobbying records to be deleted or changed by the lobbyists is clearly in violation of Indiana law.

By the way, Robert Wynkoop, is the Commissioner for the Department of Administration. His Linkedin resume lists him as having worked as a Sr. Client Executive at IBM, which was ACS's partner in FSSA's Medicaid privatization project.

Pictured: Ryan Vaughn and Robert Wynkoop.


I know said...

This type of thing cannot happen in Indiana. Just ask the AG and his office on how they can sneak a peak at criminal and civil wrong doing and then decide to represent the defendant, State Director, and have the court support it!

Does the Indiana Gaming Commission allow officials appointed by Legislative Law to sub committees of the Gaming Commission to resign, three months later have the Gaming Commission award them a self written 40 year contract and also allow another committee member who supported his fellow committee man with a yes vote for the contract then get paid millions of dollars for a parcel of land for a new golf course built by the former State Official.

Heck yes. So why would you think any less of the Department of Administration allowing conflicts of interest, administrators with their hands and arms in the cookie jar and B&T lawyers having been Daniel's Chief of Staff and others related to current Daniel's employees.

No one believed me about the ugliness and the corruption going on six years ago so what has made it any different now?

Spots on a leopard don't change colors!

Anonymous said...

Interesting. Has anyone reported this activity? Has anyone reported all of the conflicts of interest?
From the way they are still conducting business, they believe they are above the law. Are they?