NEW FEDERAL ETHICS LAW MAY AFFECT CITY LOBBYISTS
In response to recent federal lobbying scandals, the President signed a new ethics law last fall. The Honest Leadership and Open Government Act made amendments to existing law that governs lobbying disclosure requirements. Under the law, lobbyists who engage in “lobbying contacts” with members of Congress are required to file disclosure reports describing the subject of those contacts and the clients on whose behalf the contacts are made. While the new law increases the frequency with which lobbying reports must be filed and the information that must be disclosed, it continues several important exceptions to the disclosure reporting requirements.
First, a “public official” acting in the public official’s official capacity who communicates with a member of Congress does not make “lobbying contacts” and is not subject to the disclosure requirements. A “public official” is defined as: (1) any elected or appointed official, or employee of a federal, state, or local government; and (2) an organization of state or local elected or appointed officials.
Of note, contract lobbyists are not covered by the above exceptions. As such, if a city or organization of city elected or appointed officials hires a contract lobbyist to lobby Congress, that lobbyist is subject to the disclosure requirements.