HomeMy WebLinkAbout19-1002 ChristmasPHONE: 717-783-1610 STATE ETHICS COMMISSION FACSIMILE: 717-787-0806
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HARRISBURG, PA 17120-0400
OPINION OF THE COMMISSION
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
Monique Myatt Galloway
Michael A. Schwartz
Shelley Y. Simms
DATE DECIDED: 5/7/19
DATE MAILED: 5/24/19
19-1002
To the Requester:
Patrick Christmas
Policy Director
Committee of Seventy
2019. This Opinion is issued in response to your advisory request letter dated March 27,
ISSUE:
Whether a registered) lobbyist's work assisting the Pennsylvania Redistricting
Reform Commission Reform Commission") would constitute lobbying subject to the
disclosure reOmulrern Q of Pennsylvania's lobbying disclosure law ("Lobbying Disclosure
Law") 6: .C.S. § 13A01 et seg., where: (1) the registered lobb�ist serves as the Policy
Director of the Committee oFSeventy; (2) the Committee of eventis a registered
Presidentprincipal; (3) the and Chief Executive Officer ("CEO") of the Committee of
Seventy Ls a registered lobbyist as well as the Chair of the Reform Commission; (4) the
Committee of Seventy plans to be part of the team
that conducts research and assists in writing the Reform Commission's final report, which
is due to the Governor and legislative leaders by August 29, 2019, and which will contain
"best practices" related to non-part€son redistricting, findings from public hearings
conducted y the Reform Commission, and recommendations from the Reform
Commission to the Governor and legislative leaders to inform the redistricting process; (5)
the Committee of Seventy has been --and plans to continue to be --involved with lobbying
regarding redistricting reform; and (6) the Committee of Seventy might lobby for
recommendations contained in the Reform Commission's final report.
11. FACTUAL BASIS FOR DETERMINATION:
You have been authorized by the governing board of the Committee of Seventy to
request an advisory opinion from this Commission. You have submitted facts that may be
I All references in this Opinion to a"reg[stered lobbyist" or "registered principal" are to person(s) registered as
such with the Pennsylvania Department of State.
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May 24, 2 19
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fairly summarized as follows.
You are the Policy Director for the Committee of Sevent and a registered lobbyist.
The Committee of Seventy is a non -partisan, 501(c)(3) non-profit and a registered rincolal
with a history advocacy involving good government reforms. The President and of
the Committee of Seventy is DavFhornburgh ("Mr. Thornburgh"). Mr. Thornburgh is a
registered lobbyist as well as the Chair of the Reform Commission.
The Reform Commission was created by Governor Wolf through Executive Order
2018-07. We take administrative notice of the following:
9 Executive Order 2018-07 took effect on November 29, 2018,
The purpose of the Reform Commission is "to study best practices related to non-
partisan redistricting process, engage the public in a dialogue around principles for
a non -partisan redistrictingprocess, and make recommendations to the Governor,
of
President Pro 7rem ore he Senate, Speaker of the House of Representatives,
Majority Leader of f1he Senate, Ma ority Leader of the House of Representatives,
Minority Leader of the Senate, and Minority Leader of the House of Representatives
to inform the redistricting process," Executive Order 2018-07, at 2.
0 The powers and duties of the Reform Commission are stated as follows:
a. Evaluate and analyze recommendations to improve the
integrity and fairness of Pennsylvania's congressional and
legislative redistricting process;
b. Review policies and practices implemented in other states that
have reduced gerrymandering in the redistricting process;
C. Create opportunities for citizens to engage in the
Commission's work through public meetings andanonline web
submission form;
d. Develop recommendations and criteria to minimize the
partisan political influence on congressional and legislative
redistricting processes;
e. Provide non -partisan redistricting recommendations and best
practices for the Governor to utilize during the redistricting
process;
Provide non -partisan redistricting recommendations and best
practices for the Legislature to utilize during the redistricting
process; and
91 Undertake any additional work related to redistricting as
requested by the Governor. Executive Order 2018-07, at 2.
The various Members of the Reform Commission are appointed by the Governor or
by the Majority Leader or Minority Leader of the Pennsylvania Senate or
Pennsylvania House of Representatives and include, inter alia, two Members of the
Pennsylvania Senate, two Members of the Pennsylvan�ia�N6`6�_6 of Representatives,
the Secretary of the Commonwealth or the Secretary's designee, and an individual
from a non -partisan government reform organization.
o The Reform Commission is to hold at least six publicly announced meetings
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throughout Pennsylvania before its report is due.
• The Reform Commission "shall provide a written report to the Governor, President
Pro Tempore of the Senate, Speaker of the House of Representatives, Majority
Leader of the Senate, Majority Leader of the House of Representatives, Minority
Leader of the Senate, and Minority Leader of the House of Representatives, that
includes its findings from [the aforesaid activities] within nine months of the effective
date of [Executive Order 2018-07]." Executive Order 2018-07, at 3.
You state that although, as of the date of your advisory request letter, your work
supporting Mr. Thornburgh on the Reform Commission has been primarily lostical, such
as scheduling meetings, you plan to be part of the team that conducts researchand assists
in writing the Reform Commission's final report, which is due to the Governor and
legislative leaders by August 29, 2019, and which will contain "best practices" related to
non -partisan redistricting, findings from public hearings conducted by the Reform
Commission, and recommendations from the Reform Commission to the Governor and
legislative leaders to inform the redistricting process.
You state that the Committee of Seventy was a leading advocate for redistricting
reform and worked closely with Members of the General Assembly to help shape
legislation during the 2017-18 legislative session. The Committee of Seventy anticipates
en aging n sufficient lobbying this year to warrant registering and filing expense reports
with the eIrrinsylvania Department of State. The Committee of Seventy plans to continue
lobb ing regarding redistricting reform and other election -related issues during and after
the Keform Commission's 2019 timeline. Additional] the Committee of Seventy might
lobby for recommendations contained in the Reform Additionally,
final report.
Based upon the submitted facts, you ask whether your work assisting the Reform
Commission would constitute lobbying subject to the disclosure requirements of the
Lobbying Disclosure Law.
By letter dated April 2, 2019, you were notified of the date, time and location of the
public meeting at which your request would be considered.
Ill. DISCUSSION:
It is initial noted that pursuant to Section 13A08(a of the Lobbyin Disclosure Law,
65 Pa.C.S W(a), in conjunction with Sections 11 6(10) and 11107?11) of the Public
Official and r=mployee Ethics Act ("Ethics Act 65Pa.C,S.§§ 1107(10), (11), advisories
are issued to the requester based upon the facts that the requester has submitted. In
issuingthe advisory based upon the facts that the requester has submitted, this
Commission does not en age in an independent investigation of the facts, nor does it
speculate as to facts that have not been submitted. It is the burden of the requester to
truthful' disclose all of the material facts relevant to the inquiry. 65Pa,C.S.§§1107(10)
(111), Any advisory only affords a defense to the extent the requester has truthfully discloseJ
all of the material facts.
The following terms pertinent to your request are defined in the Lobbying Disclosure
Law as follows,
§ 13A03. Definitions.
"Lobbying." An effort to influence legislative action or
administrative action in this Commonwealth. The term
includes:
(1) direct or indirect communication;
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(2) office expenses; and
(3) providing any gift, hospitality, transportation or lodging
to a State official or employee for the purpose of
advancing the interest of the lobbyist or principal.
"Legislative action." An action taken by a State official or
employee involving the preparation, research, drafting,
introduction, consideration, modification, amendment,
approval, passage, enactment, tabling, postponement, defeat
or rejection of:
(1) legislation;
(2) legislative motions;
(3) a veto by the Governor; or
(4) confirmation of appointments by the Governor or
appointments to public boards or commissions by a
member of the General Assembly.
"Administrative action." Any of the following:
(1) An agency's:
(i) proppsal, consideration, promulgation or
rescission of a regulation;
(ii) development or modification of a statement of
policy;
(iii) approval or rejection of a regulation; or
(iv) procurement of su�plies, services and
construction under 6 Pa.C.S. (relating to
procurement).
(2) The review, revision, approval or disapproval of a
regulation under the act of June 25, 1982 (P.L.633,
No.1 81), known as the Regulatory Review Act.
(3) The Governor's approval or veto of legislation.
(4) The nomination or ap nintment of an individual as an
officer or employee o the Commonwealth.
(5) The proposal, consideration, promulgation or rescission
of an executive order.
"Direct communication." An effort, whether written, oral or by
an other medium, made by a lobbyist or principal, directed to
a State official or employee, the purpose or foreseeable effect
of which is to influence legislative action or administrative
action. The term may include personnel expenses and office
expenses.
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May 24 ' 2 19
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"Indirect communication." An effort, whether written, oral or
by any other medium, to encourage others, including the
general public, to take action, the purpose or foreseeable
effect of which is to directly influence legislative action or
administrative action.
(1) The term includes letter-writin? campaigns, mailings,
r
telephone banks, print and ele ronic media advertising,
billboards, publications and educational campaigns on
public issues.
(2) The term does not include regularly published periodic
newsletters primarily designed for and distributed to
members of a bona fide association or charitable or
fraternal nonprofit corporation.
(3) The term may include personnel expenses and office
expenses.
"State official or employee." An individual elected or
appointed to a position in State government or employed b
State government, whether compensated or uncompensatey,
who is involved in legislative action or administrative action.
""Legislation."" Bills, resolutions, amendments and
nominations pending or proposed in either the Senate or the
House of Representatives. f1he term includes any other matter
which may become the subject of action by either chamber of
the General Assembly.
65 Pa.C,S. § 13AO3.
The Lobbying Disclosure Regulations include similar definitions for the above terms.
See, 51 Pa. Code § 51.1.
In considering your inquiry, you are advised as follows.
Without having all of the material facts pertaining to your activities while assisting
the Reform Commission, it is not possible for this Commission to specify all of those which
would constitute lobbying —as that term is defined by the Lobbying Disclosure Law, 65
Pa.C.S. § 13AO3—or that would be lobbying-related.2 However, it is clear that some if not
all of the work that you would do as registered lobbyist employed by the Committee of
Seventy to assist the Reform Commission would constitutelAbyinq or would be lobbying -
related and subject to the disclosure requirements of the Lobbying Disclosure Law because
it would be part of or in support of an effort to influence legislative action or administrative
action pertaining to redistrictin, whether through direct communication to State officials or
employees (serving on the Reform Commission or elsewhere) or indirect communication
encouraging others, including the general public, to take action. In particular your
research and your assistance in writing the Reform Commission's final report would have
the foreseeable effect of influencing legislative action or administrative action pertaining to
redistricting. Therefore, you areadvised that the disclosure requirements ofthe Lobbying
Disclosure Law would be %plicable to those of your activities that would constitute
lobbying or that would be lobbying -related.
2 Pursuant to Section 13A05 of the Lobbying Disclosure Law, 65 Pa.C.S. § 13A05, a registered principal filing
an expense report must report the totalcosts of all lobbying, which incFudes expenses that are lobbying -
related, such as office expenses and personnel expenses.
Christmas, 19-1002
May 24, 2 19
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The request for an advisory has only been addressed under the Lobbying
Disclosure Law and, derivatively, the Ethics Act to the extent applicable.
IV. CONCLUSION:
Based upon the submitted facts that: (1 you are the Policy Director for the
Committee of Seventy and a re�
istered lobbyist; (�) the Committee of Seventy is a non-
partisan, 501 (c)(3) non-profit a registered principal with a history of advocacy involving
good government reforms; (3) the President and Chief Executive Officer of the Committee
of Seventy is David Thornburgh ("Mr. Thornburgh"); Thornburgh is a registered
lob4ist as well as the Chair of the Pent �'e)dMjsiricting Reform Commission
("Re orm Commission"); �5) the Reform Commission was created by Governor Wolf
throughExecutive Order 018-07; (6 although, as of the date of your advisory request
letter, our orksupportin Mr. Thornburgh on the Reform Commission has been primarily
logistical, such as scheduling meetings, you plan to be part of the team that conducts
research and assists in writing the Reform Commission's final report, which is due to the
Governor and legislative leaders by August 29, 2019, and which will contain "best
thractices" related o non -partisan redistricting, findings from public hearings conducted by
e Reform Commission, and recommendations from the Reform Commission to the
Governor and legislative leaders to inform the redistricting process; �7) the Committee of
Seventy was a leading advocate for redistricting reform and worked c osely with Members
of the General Assemblyto help shape legislation during the 2017-18 legislative session;
(8) the Committee of Ieventy anticipates engaging in sufficient lobbying this year to
warrant registering and filin expense reports with the Pennsylvania Department of State;
(9 the Committee of Sevenlyy plans to continue lobbying regardingredistrictingreform and
other election -related issues durin an after the Reform Commission's 2019 timeline; and
0) the Committee of Seventy might lobby for recommendations contained in the Reform
ommission's final report, you are advised as follows.
Without having all of the material facts pertaining to your activities while assisting
the Reform Commission, it is not possible for this Commission to specify all of those
would constitute lobbying —as that term is defined by Pennsylvania's lobb inQ disclosure
law ("Lobbying Disclosure Law"), 65 Pa.C.S. § 13AO3—or that would be lobbying -related.
However, it is clear that some if not all of the work that you would do as a registered
lobbyist employed by the Committee of Seventy to assist the Reform Commission would
constitute lobbying or would be lobbying -related and subject to the disclosure requirements
of the Lobbying Disclosure Law because it would be part of or in support of an effort to
influence legislative action or administrative action pertaining to redistricting, whether
through direct communication to State officials or employees (serving on the Reform
Commission or elsewhere) or indirect communication encouraging others, including the
general public, to take action. In particular, your research and your assistance in writing
the Reform Commission's final report would have the foreseeable effect of influencing
IeTislative action or administrative action pertaining to redistrictiny. Therefore, you are
advised that the disclosure requirements of the Lobbying Disclosure Law would be
applicable to those of your activities that would constitute lobbying or that would be
lobbying -related.
The request for an advisory has only been addressed under the Lobbying
Disclosure Law and, derivatively, the Ethics Act, to the extent applicable,
Pursuant to Section 13A08(a) of the Lobb in'Disclosure Law, 65 Pa.C.S. §
13A08(a), a requesterwho truthfully discloses all m% ial facts in a request for an advisory
and who acts in good faith based upon a written Opinion of this Commission issued to the
requester shall not be held liable for a violation of the Lobbying Disclosure Law. The
protection afforded for reliance upon this Opinion will remain in effect until such
time as an regulation, statutory enactment, or ruling precludes further reliance
upon this Opinion.
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This letter is a public record and will be made available as such.
By the Commission,