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There Is No Reason to Leave Principals Out of the Lobbying Disclosure Process
Friday, August 15th, 2014
Robert Wechsler
Most people believe that lobbyists are guns hired to influence
government officials, and most lobbying laws reflect this by
applying only to those who lobby, not to the clients for whom they
lobby. Unlike most laws, lobbying laws focus on agents rather than
their principals.
This problem extend beyond these jurisdictions. When business executives who work in cities and counties that require only agents to register as lobbyists seek work in jurisdictions that require principals to register as well, they feel like they've been unfairly fooled when they are told they've violated the lobbying law.
According to an article in the Miami Herald this week, this is what happened when an Atlanta-based developer was fined for not registering as a lobbyist when he communicated with officials with respect to a bid on convention center work in Miami-Dade County.
The article quotes the developer's lawyer as having said, “Having never previously been requested or instructed to register as a lobbyist, Mr. Portman assumed that registration was required only of paid lobbyists." The lawyer also said that the developer had hired several lobbyists, who had registered properly.
One of the lobbyists should have told their boss that, if he was going to lobby himself, he should register, too. But the best thing is for all jurisdictions to recognize that clients are the ones doing the lobbying. Whether they do it themselves or through lobbyists doesn't matter. Either the principal should be responsible for registering all those who lobby for it and for filing disclosure forms, or both lobbyists and principals should be required to register and to make disclosures separately. Leaving principals out of the process makes no sense.
Robert Wechsler
Director of Research-Retired, City Ethics
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This problem extend beyond these jurisdictions. When business executives who work in cities and counties that require only agents to register as lobbyists seek work in jurisdictions that require principals to register as well, they feel like they've been unfairly fooled when they are told they've violated the lobbying law.
According to an article in the Miami Herald this week, this is what happened when an Atlanta-based developer was fined for not registering as a lobbyist when he communicated with officials with respect to a bid on convention center work in Miami-Dade County.
The article quotes the developer's lawyer as having said, “Having never previously been requested or instructed to register as a lobbyist, Mr. Portman assumed that registration was required only of paid lobbyists." The lawyer also said that the developer had hired several lobbyists, who had registered properly.
One of the lobbyists should have told their boss that, if he was going to lobby himself, he should register, too. But the best thing is for all jurisdictions to recognize that clients are the ones doing the lobbying. Whether they do it themselves or through lobbyists doesn't matter. Either the principal should be responsible for registering all those who lobby for it and for filing disclosure forms, or both lobbyists and principals should be required to register and to make disclosures separately. Leaving principals out of the process makes no sense.
Robert Wechsler
Director of Research-Retired, City Ethics
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