Nov. 14, 2005
Thou Shalt Not Covet thy Lobbyist's Expense Account
By J. Barlow Herget
RALEIGH - Where is Moses when we need him?
The question arises from the recent lobbying antics surrounding the passage and start-up of the state lottery.
What stuns me is how some of the players in the lottery mess have feigned puzzlement about the state's current lobbying laws. Did their activities constitute, in fact, lobbying ... or something else, like just good manners?
Were gifts made to legislators simply an act of good will? Or were they, to borrow from Winston Churchill, hardly more than friendly advice, wrapped in goodwill inside a political fundraiser?
What about taking money from lottery companies, then serving on the commission that will govern the lottery, but filling out the required ethical disclosures and failing to make any mention of this business relationship or these payments? You half expect to hear a cry of “Oh, you meant THAT lottery?” as their defense.
One reason why North Carolina's current lobbying rules seldom catch trespassers has been that there's not much there. The rules are based on the concept of reporting any money spent on trying to influence legislation. If you hire someone to go testify at a committee, you need to report how much you spent so the public knows. If you take a legislator out for a nice steak dinner right before a big vote, that's fine, but you have to report it so people know.
But you don't hear about lobbyists getting in trouble, for example, if they skip reporting expenses for dinner cruises or golf retreats or other “goodwill” gatherings so long as they don't talk about specific legislation. That's the loophole. If you go to dinner and talk about what a fantastic golf game your state legislator has, or how hot and sticky it must be back home in North Carolina this time of year, but not about any specific legislation, it's “off the record”.
That will change in 2007 when more restrictive lobbying rules adopted by the 2005 General Assembly take effect. But the current mess is under the laws we have now, and that brings us back to Moses.
People make mistakes. Some mistakes are larger than others. Sometimes people stray, and like Moses learned, to correct things you need to get their attention and spell it out for them in simple terms. It doesn't hurt if there's a golden calf to break, but I know better than to try to get between a legislator and a cash cow. Let's take on one challenge at a time.
So, for those who say that the state laws about trying to influence legislators are unclear, I'd like to offer a few “clarifications”, as apparently the commandments didn't really get their attention the first time.
Clarification One: If thou spendeth money on a legislator, thou shalt report it.
It may not be required by law yet, but if you can deduct it as a business expense, you should likely go ahead and report it. That makes it quite clear.
Clarification Two: Thou shalt not make false or graven ethical disclosures.
I thought this one was simple. It's an E-T-H-I-C-S disclosure, folks! Try not to lie on these, okay?
Clarification Three: Honor thy secretary of state's office and all its registration rules and expense report deadlines.
It is a rare thing indeed when the secretary of state has not been understanding or willing to work with someone who experiences a problem with their reports. If you have a problem, show them some respect and call and try to talk it out. It's a lot easier than ending up with a TV camera in your face as you run from the courthouse.
Clarification Four: Unless thou art involved in the commercial or recreational fishing industries, best to skip any cruises.
Nothing good can happen from these. Just ask the Minnesota Vikings. Hard working Johnny Constituent back home isn't going to take kindly to his legislator going on a fancy cruise while he tries to make a living. If you're a legislator, pass. If you are a lobbyist, don't offer one.
Clarification Five: Thou shalt not bind campaign donations or fundraisers to action on legislation.
With more and more lobbyists moving into the fundraising business, some of them proudly bragging about how helpful they are in raising cash for legislators, someone ought to remind them about three little words: Quid Pro Quo. That is, folks don't believe that people get something for nothing. You might swear it was all just “good will”. Nobody's buying it.
Clarification Six: Thou shalt not.....
Ah, what's the use? Some folks seem to have a hard enough time abiding by ten rules, we ought not to expect them to remember more than five.
Barlow Herget is a former Raleigh city councilman and writes the Follow the Money column for the N.C. Center for Voter Education.
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