common cause

Secretary William Galvin has issued a new opinion on the lobbying law which adds clarity to certain key issues that have concerned many non-profits in the past few months.  In a January 21, 2010 opinion rendered to attorney Roger Donoghue, Lobbyist Section Director Alan Cote stated unequivocally that a communication with a covered executive or legislative official IS required in order to meet the statutory provisions for registering as a lobbyist.  In other words, back-room staff, who never talk with legislators, are not lobbyists.

To those of you who have been following this issue, Cote, in an October letter to attorney Carl Valvo, failed to answer this same question.  In this new letter to Attorney Donoghue, he references the previous letter and states that the office, "now finds that absent a direct, personal communication with a covered legislative or executive official by an individual, the participation of that individual in strategizing, planning and research activities does not trigger registration.” (emphasis in the original)

This new interpretation is consistent with Common Cause's view of the statute and that of Governor Patrick’s former chief legal counsel Ben Clements, who chaired the Governor's task force on Public Integrity and wrote the original legislation along with other members of the task force.  Attorney Clements is mentioned in the letter.

The opinion also clarifies the issue of whether non-profit board members who lobby on behalf of their non-profit have to register as lobbyists.  It states that when a Board member is not compensated by the non-profit, despite being a salaried employee of another corporation, he or she does not have to register.

The wellbeing of our communities across Massachusetts hinges on our ability to work together with our government in finding ways on how to support the public structures we have built and maintained for decades. Public education, clean water, public security, clean streets, snow and trash removal, prevention programs among many others are some public structures that we all value and seek to continue funding. These public structures are what make Massachusetts competitive.

As residents of this state we need to continue participating in the decisions our elected officials make on our behalf. Our elected officials as our representatives are accountable to our communities. We are the ones electing them to make decisions that have an impact on all of us. Recent government scandals have undermined the faith many have in our government and in our ability to work together to solve the big issues of our time. Government transparency and accountability play an important role in restoring the public’s faith in the mission and purpose of the Legislature, and government as a whole.

In an article dated on January 26th, State Representative Will Brownsberger talks about the lack of transparency in certain activities of the state Legislature. Representative Brownsberger particularly discusses the lack of transparency around how funds are spent in certain legislative accounts and about hiring patterns in the House leadership. The article rightly states how these indiscretions "obscure real recent accomplishments like pension reform, ethics reform, transportation reform, and education reform, not to mention producing a timely budget in a deep recession" that state government has accomplished recently.

We know that policymakers make different decisions when they are watched by their constituents. In order to make that policy-making process more transparent, Governor Deval Patrick has filed "An Act Improving the Laws Relating to Ethics and Lobbying."

But what would this pending ethics bill mean for all of the Massachusetts nonprofits that want to voice their opinion on public policy? Will it restrict their ability to advocate for their causes? Will registering lobbyists be prohibitively expensive for small nonprofits?

It sounds like this bill is going to go quickly through the legislature, so now is the time to answer all of these questions! Pam Wilmot, Executive Director of Common Cause Massachusetts, and a member of the Governor's Task Force on Public Integrity, will walk us through this important piece of legislation, and answer your questions!

Join us Wednesday, March 25th at 5:00pm in the 9th floor conference room at 30 Winter
Street. To make our Insider Budget Briefings more accessible, we are reducing tuition to only $10, including a light supper and take-home materials. Tuition may be waived for those who need assistance.

Event Info:
Wednesday, March 25th, 5:00-7:00pm
30 Winter Street, 9th Floor [Map]
Boston, Massachusetts 02108
RSVP by March 23rd to carmen@realclout.org