More on ‘Dark Lobbying’ in New York

Following up on the recent Crain’s article looking at the growing “strategic consulting” industry in New York, (my prior blog post is here) the NT2 blog offers some analysis and perspective on this activity, as described in Crain’s:

“As much as we like Ms. Cunningham, it’s hard for us to believe that these activities are appropriate.  Why?  Because a consultant is supposed to be someone who provides general advice and guidance to a client. This individual is not supposed engage policymakers and elected officials on the clients’ behalf.  This individual is not supposed to take a client to a meeting with policymakers and elected officials.  This individual is not supposed to advocate for the client and urge a policymaker or elected official to take action. After all, that’s exactly what a lobbyist does, and they have to registered to do so.

Now the defense from Ms. Cunningham and people who support her is that it’s actually ok if she engages in all of these activities, but stops short of actually urging the policymaker or elected official to take action.

Let’s be honest here. That’s not even a fig leaf.

She can’t call up the person she was once married to and whom she currently advises politically and talk about client matters.  You can’t describe a client’s needs and wishes and think you haven’t lobbied because you didn’t conclude the conversation with a specific request for action. The request for action is implied and obvious.”

I do not know who writes the NT2 blog, but I find it to be very thoughtful and often insightful. I think anyone who practices in what is sometimes called “the influence industry” in New York would be hard-pressed to disagree with NT2’s assessment that a “request for action is implied and obvious.”

I’m certain these “non-lobbyists” can find an attorney to give provide them with a legal opinion that, so long as they refrain from making “the ask” of an elected official, then they are not lobbying.

But the only opinion that really counts here is that of the Joint Commission on Public Ethics (JCOPE), which oversees and regulates lobbying in the state.