Advisory Opinion No. 95-11
Interpretation Of The Terms
Representative Of A
Manufacturer And
Salesperson As Used In The
Definition Of Lobbying
Turning to the first group of individuals, at the time that
these regulations were being drafted, the State Ethics Commission considered and
rejected the idea that the term salesperson should include senior management
and/or those with an equity interest in a business, who communicate with an
executive branch agency. By
salesperson or representative of a manufacturer, the statute means
individuals whose duties ordinarily and customarily involve covering an assigned
territory on a routine basis, visiting potential customers on these routes and
attempting to interest the customers in corporate products or services. The terms do not denote individuals who set
corporate policy or are involved in substantive corporate decision-making. At times, of course, the duties of a high-level corporate
officer or employee may include those of a salesperson, but that overlap in
responsibilities does not transform a corporate executive into a salesperson or
manufacturers representative. When
performed by such high-level individuals, these activities will, therefore,
constitute lobbying unless they fall under a different exception to the
definition of lobbying. See, e.g.,
Regulations of Conn. State Agencies §§1-92-42a(a)(1)-(3), 1-92-42a(d),
1-92-42a(e), which limit the application of the definition of administrative
lobbying. Consequently, if a corporate
executive spends a total of $1000 or more of his or her time (calculated on a
pro rated basis) lobbying and in furtherance of lobbying, whether at the
legislature or an executive branch agency, he or she must register as a
lobbyist.[1] Similarly, corporate employees who lobby the General
Assembly and also market corporate products or services to state agencies may
not in general rely on the exception for salespersons and manufacturers
representatives to exclude these latter activities from the definition of
lobbying. A corporate lobbyist may
perform certain sales functions, but his or her activities will be presumed to
fall within the definition of lobbying unless the individual can demonstrate
that his or her job fits the ordinary and customary definition of salesperson
or manufacturers representative, as described above. The same reasoning applies with even greater force to an
outside lobbyist who interacts with a state agency on behalf of a
corporation. One of the fundamental
purposes behind the expansion of the definition of administrative lobbying was
to regulate the door opening which takes place when an influential individual
becomes involved, on behalf of a client, in the state contracting process. To allow such an individual to classify
himself or herself as a salesperson or manufacturers representative, thereby
automatically excluding all sales activity from lobbying, would subvert the
goal of the law. Finally, if, as an adjunct to sales activities, a
salesperson or manufacturers representative takes action to affect legislation
or the policies, rules or regulations of a state agency, under both the prior
and the current lobbying definitions, he or she is lobbying and may be required
to register with the State Ethics Commission. By order of the Commission, David Nassef [1] The Code
of Ethics does contain a five hour exception for certain highly compensated
corporate employees or officers. In
general, under Conn. Gen. Stat. §1-79(1)(7), any person who receives no
compensation or reimbursement specifically for lobbying and who spends no more
than five hours in furtherance of lobbying need not register as a lobbyist even
if the pro rated value of his or her compensation exceeds $1000.
Chairperson