JCOPE Gets Feedback on Proposed Lobbying Regulations

The Joint Commission on Public Ethics (JCOPE) held a public hearing in New York City yesterday at which the Business Council of New York State, Common Cause NY, the Lawyers Alliance For New York and others provided feedback and recommendations regarding its staff proposal for comprehensive lobbying regulations.  (JCOPE has also posted all of the written comments it has received here.)

One of the main concerns expressed related to how coalitions would be treated under the new regulations.  The draft regulations require coalitions of groups to register as a lobbying entity by defining “coalition” as “a group of otherwise-unaffiliated entities or members [that] agree to engage in common activities” to engage in lobbying activities.  As Hinman Straub noted in our written comments to JCOPE, the breadth and vagueness of JCOPE’s proposed treatment of coalitions is problematic.  We recommend that coalitions should have to register with JCOPE only where they have some formal structure and engaging in a substantial amount of lobbying activity.

Another issue of concern is how volunteers would be treated under the draft regulations.  JCOPE’s proposed regulations would define the term “designated lobbyist” to include volunteers, which would require such volunteers to be listed on the lobbyist’s Statement of Registration.  Given the large number of volunteers that many lobbying clients rely on to help spread their message to lawmakers (both in Albany and locally), having to list them all would be a reporting nightmare.

The proposed lobbying regulations would also address, for the first time, clarification for when the use of social media constitutes lobbying that needs to be accounted for on lobbying reports.  The proposal provides that when an organization uses social media to communicate with an elected official, or encourages its employees or the public to do so, this would constitute lobbying activity. But some groups have expressed concern that this standard is too broad because it would effectively require organizations to take responsibility for the personal social media activity of its employees.

JCOPE Executive Director Seth Agata made it clear that JCOPE’s draft regulations are not final, and that the concerns that have been expressed will be considered as JCOPE moves forward.  JCOPE did not provide any clarity as to when it plans to move forward with a formal rulemaking process regarding its lobbying regulations.