Advisory Opinion No. 1996-11
Reportability Of Lobbyists
Time Spent On Certain Aspects
Of Ethics Code Compliance And
Education
The petitioner has asked whether a registered lobbyist is
required to report to the State Ethics Commission expenditures made or received for
time spent filling out reports to the State Ethics Commission, educating oneself
concerning the requirements of the Ethics Codes (i.e., attending
an Ethics Code seminar, speaking with Commission staff regarding the Codes
applications, independent research on Ethics Code subjects, preparing requests
for advisory opinions) and participation in Commission audits. As a practical matter, when a client lobbyist pays a lump
sum or a periodic retainer for a communicator lobbyists efforts, such amounts
include payments for filling out forms, necessary education and, presumably,
participation in audits. It is virtually
inconceivable that the completion of necessary reports, education and
cooperation with the State Ethics Commission would be considered extraordinary
efforts and separable from a communicator lobbyists responsibilities. Indeed, it would likely be quite burdensome
for both client and communicator lobbyist, under such circumstances, to
identify, and eliminate, the reporting of amounts paid or received for such
efforts. The remaining question,
therefore, is whether a client lobbyist and its salaried employee or
hourly-rate lobbyist must also report the pro rata value of the employees time
or the hourly charge for time spent on such activities. Pursuant to Conn. Gen. Stat. §1-91(k)(4) and Regulations of
Conn. State Agencies §1-92-42a, neither the preparation of lobbyist reporting
forms, contact with the Commission for informational purposes, nor
communications with the Commission regarding an advisory opinion or an audit is
considered administrative lobbying.
Nevertheless, each activity is either an inevitable or a foreseeable
concomitant of a registrants lobbying activities. The Commission, in keeping with the
legislative intent favoring disclosure, finds that expenditures made or
received for time spent filling out reports to the State Ethics Commission, educating
oneself concerning the requirements of the Ethics Code and participating in
Commission audits are in furtherance of lobbying and must be reported to the
State Ethics Commission. By order of the Commission, David T. Nassef
Chairperson