JCOPE Seeking Comment on Proposed Changes to Lobbying Guidelines

Yesterday, the Joint Commission on Public Ethics (JCOPE) sent out an e-blast requesting “informal comments” on proposed guidance regarding the scope of the definition of the term “lobbying” under Legislative Law 1-A.

JCOPE is considering issuing guidance on two issues.

The first relates individuals who have “direct interactions” with public officials in connection with lobbying activity, but who are not registered lobbyists. JCOPE is proposing that a person who has “direct interaction” with a public official “in connection with any activity covered under Section 1-c(c) of the Lobbying Act” is engaging in “lobbying activity.” Direct interactions includes verbal or written communications, including communications made to facilitate access to a public official; attendance at a meeting with a public official; or presence on a phone call with a public official.

If JCOPE moves forward with this, some individuals who have close working relationships with elected officials – but who do not register and report as lobbyists – may have to do so. (For background on the issue of “non-lobbyists,” see this September 2014 blog post.)

The second issue relates to “grassroots lobbying,” which is lobbying activity that tries to get members of the public to contact a public official on some matter.  JCOPE is proposing that any individual or entity that controls the content and delivery of a message or communication that solicits the public at large to engage in activity covered by Section 1-c(c) of the Lobbying Act with a public official is engaged in lobbying, and would therefore be required to register with JCOPE and report their lobbying activities.

The e-blast indicates that the proposed guidance “will be formalized as part of a future advisory opinion or regulation.”

Read news coverage of the issue in the Times Union.