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HomeMy WebLinkAbout00-1007 ShafferOPINION OF THE COMMISSION Before: Daneen E. Reese, Chair Austin M. Lee, Vice Chair Julius Uehlein Louis W. Fryman John J. Bolger Frank M. Brown Susan Mosites Bicket DATE DECIDED: 2/1/2000 DATE MAILED: 2/11/2000 Anne Shaffer Administrative Assistant Pennsylvania Commission for Community Colleges 800 North Third Street Harrisburg, PA 17102 -2025 Re: Lobbying, Principal, Lobbyist, Direct Communication, Indirect Communication, Expense Reports, Apportionment of Expenses, Lobbying - Related Expenditures. Dear Ms. Shaffer: 1999. 00 -1007 This Opinion is issued in response to your advisory request received on December23, I. ISSUE: Whether any of the following expenditures by a commission for community colleges would be lobbying or lobbying - related expenses under the Lobbying Disclosure Act and, if so, how they would be reported: a shared postage meter used for lobbying; the travel and lodging expenses of the commission's executive director for attending a commission meeting which included a short discussion about a legislative bill; the cost of a luncheon for the college presidents of the commission after a meeting with a state official to discuss issues; the cost of a teleconference among community college presidents of the commission where a new funding formula for community colleges was discussed; the consultation fee paid to an attorney for informing commission staff about the Lobbying Disclosure Act; and the cost of a luncheon for commission members following a meeting with the government relations firm of the commission. Shaffer 00 -1007 Page 2 II. FACTUAL BASIS FOR DETERMINATION: On behalf of the Pennsylvania Commission for Community Colleges (PCCC), you request an opinion under the Lobbying Disclosure Act (Act). You state that the PCCC is in the process of completing its first quarterly expense report. You pose the following seven inquiries relating to expense reporting for PCCC activities: 1. The PCCC shares a postage meter with three other entities and pays its share of the postage meter rental on a quarterly basis, the most recent payment having been made in October, 1999. Additionally, the PCCC spent $16.50 in postage in October on direct communication. You ask whether the PCCC must include a portion of the meter rent as a lobbying expense, and if so, what portion. 2. The PCCC annually holds five meetings for its board members and six meetings for the community college presidents. At two meetings in September, the expenses for which were paid in October, a short discussion was held regarding HB 1152. You ask what ortion of the PCCC's executive director's hotel and transportation expenses would constitute a lobbying expense. 3. The community college presidents had a meeting with the Secretary of the Department of Education, to discuss what you characterize to be "their" issues of importance, the nature of which issues you do not specify. Before returning to their campuses, the community college presidents had lunch at the PCCC's expense. You ask whether the cost of that luncheon would constitute a lobbying expense. 4. A committee of community college presidents had two teleconferences to discuss how to create a new funding formula for the community colleges. You ask whether the cost of the teleconferences would constitute an "indirect" lobbying expense. 5. The PCCC staff met with an attorney to become better informed about the Act. You ask whether the cost of the consultation would be a lobbying expense. 6. The PCCC's Board of Directors held a teleconference in December which lasted about 90 minutes. During the teleconference, the members discussed HB 1152 for approximately 20 minutes. You ask whether that portion of the teleconference would result in a lobbying expense. 7. Following a meeting with the PCCC's government relations firm, several of the PCCC members had lunch at the PCCC's expense. You ask whether the cost of the luncheon would be considered a lobbying expense. By letter dated January 11, 2000, you were notified of the date, time, and location of the public meeting at which your request for an Opinion was to be considered. III. DISCUSSION: It is initially noted that pursuant to Section 1308(c) of the Act in conjunction with Sections 1107(10) and 1107(11) of the Ethics Act, 65 Pa.C.S. § §1107(10), (11), advisories are issued to the requestor based upon the facts which the requestor has submitted. The Commission does not engage in an independent investigation of the facts, nor does it speculate as to facts which have not been submitted, in issuing advisories. It is the burden of the requestor to truthfully disclose all of the material facts relevant to the inquiry. An advisory only affords a defense to the extent the requestor has truthfully disclosed all of the material facts. In order to decide the issues which you have raised, this Commission must review the pertinent definitions and substantive provisions of the Act and related Regulations. Shaffer 00 -1007 Page 3 Section 1303 of the Act defines "lobbying" as follows: "Lobbying." An effort to influence legislative action or administrative action. The term includes: (1) providing any gift, entertainment, meal, transportation or lodging to a State official or employee for the purpose of advancing the interest of the lobbyist or principal; and (2) direct or indirect communication. 65 Pa.C.S. §1303. The key terms "legislative action," "administrative action," "direct communication," and "indirect communication' that are within the definition of "lobbying" are themselves defined as follows: "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 legislation; legislative motions; overriding or sustaining a veto by the Governor; or confirmation of appointments by the Governor or of appointments to public boards or commissions by a member of the General Assembly. "Administrative action." Any of the following: (1) An agency's: (i) proposal, consideration, promulgation or rescission of a regulation; (ii) development or modification of a guideline or a statement of policy; or (iii) approval or rejection of a regulation. (2) The review, revision, approval or disapproval of a regulation under the act of June 25, 1982 (P. L.633, No.181), known as the Regulatory Review Act. (3) The Governor's approval or veto of legislation. (4) The nomination or appointment of an individual as an officer or employee of the Commonwealth. (5) The proposal, consideration, promulgation or rescission of an executive order. "Direct communication." An effort, whether written, oral or by any 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. "Indirect communication." An effort, whether written, oral or by any other medium, to encourage others, including the general Shaffer 00 -1007 Page 4 65 Pa.C.S. §1303. The terms "principal" and "lobbyist" are defined in the statute as follows: "Principal." Any individual, firm, association, corporation, partnership, business trust or business entity: (1) on whose behalf a lobbyist influences or attempts to influence an administrative action or a legislative action; Id. public, to take action, the purpose or foreseeable effect of which is to directly influence legislative action or administrative action. The term includes letter- writing campaigns, mailings, telephone banks, print and electronic media advertising, billboards, publications and educational campaigns on public issues. 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. or (2) that engages in lobbying on the principal's own behalf. "Lobbyist." Any individual, firm, association, corporation, partnership, business trust or business entity that engages in lobbying on behalf of a principal for economic consideration. The term includes an attorney who engages in lobbying. As for the substantive provisions to be reviewed, Sections 1305(b)(2) and (3) of the Act provide: (b) Content. -- (2) Expense reports must contain the following categories: (i) A single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying. This subparagraph includes salaries and other forms of compensation, benefits, vehicle allowances, bonuses and reimbursable expenses for those involved in lobbying. If compensation is to be reported by or for an individual or entity whose lobbying is incidental to regular employment, it shall be sufficient to report a good faith prorated estimate based on the value of the time devoted to lobbying. Reportable personnel costs include costs for lobbying staff, research and monitoring staff, consultants, lawyers, lobbyists, publications and public relations staff, technical staff and clerical and administrative support staff who engage in lobbying but are exempt from reporting under section 1306(6) (relating to exemption from registration and reporting). This subparagraph includes costs for offices, equipment and supplies utilized for lobbying. Shaffer 00 -1007 Page 5 (ii) A single aggregate good faith estimate of the total amount spent for direct communication. (iii) The total costs for gifts, entertainment, meals, transportation, lodging and receptions, given to or provided to State officials or employees or their immediate families. (iv) A single aggregate good faith estimate of the total amount spent for indirect communication. (3) In addition to reporting the totals required under this subsection, the expense report must identify, by name, position and each occurrence, a State official or employee who receives from a principal or lobbyist anything of value which must be included in the statement under section 1105(b)(6) or (7) (relating to statement of financial interests) as implemented by section 1105(d). i) For purposes of this chapter, the amount referred to in section 1105(b)(7) shall be considered an aggregate amount per year. (ii) Written notice must be given to each public official or employee of inclusion in the expense report within seven days of the report's submission to the commission. Notice under this subparagraph shall include the information which will enable the public official or employee to comply with section 1105(b)(6) and (7). For purposes of this chapter and Chapter 11 (relating to ethics standards and financial disclosure), section 1105(b)(6) and (7) shall constitute mutually exclusive categories. (iii) Regulations shall be promulgated under section 1310(c) (relating to fling fees; fund established; regulations) to define mutually exclusive categories under section 1105(b)(6) and (7) and to determine whether a thing of value is subject to disclosure under section 1105(b)(6) or (7). 65 Pa.C.S. § §1305(b)(2),(3). The Lobbying Disclosure Regulations provide, in pertinent part, as follows: §35.1. Quarterly expense reports. (g) A quarterly expense report of a principal required to be registered under the act shall include the following information: (4) A single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying, to be calculated as prescribed by subsection (i). (5) A single aggregate good faith estimate of the total amount spent for direct communication. In calculating this good faith estimate, any reasonable accounting method may be used. Shaffer 00 -1007 Page 6 (6) The total costs for gifts, entertainment, meals, transportation, lodging and receptions, given to or provided to State officials or employes or their immediate families, except that any cost under this paragraph which is of a value not exceeding $10 need not be reported under section 1305(b)(3) of the act. If the same or similar gift, hospitality or transportation or lodging is provided to more than one State official or employe, the aggregate economic value of which is $10 or more, such value shall be included in the appropriate totals reported under section 1305(b)(2) of the act. (7) A single aggregate good faith estimate of the total amount spent for indirect communication. In calculating this good faith estimate, any reasonable accounting method may be used. (i) The single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying shall include salaries and other forms of compensation, benefits, vehicle allowances, bonuses and reimbursable expenses for those involved in lobbying, and costs for offices, equipment and supplies utilized for lobbying. (1) In calculating the single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying, any reasonable accounting method may be used. (2) Reportable personnel costs include costs for lobbying staff, research and monitoring staff, consultants, lawyers, lobbyists, publications and public relations staff, and technical staff, as well as clerical and administrative support staff who engage in lobbying but who are exempt from reporting under section 1306(6) of the act (relating to exemption from registration and reporting). (3) Compensation, benefits and expenses of any nature shall be included if paid in furtherance of lobbying. (4) If compensation is to be reported by or for an individual or entity whose lobbying is incidental to regular employment, it shall be sufficient to report a good faith prorated estimate based on the value of the time devoted to lobbying. The time devoted to lobbying shall include: (i) Research time spent in preparation for lobbying. (ii) Time spent in direct communication or indirect communication. (iii) Other time consumed in furtherance of lobbying for which the individual or entity is compensated or reimbursed. (5) Office expenses shall include, but not be limited to: the rental value of the physical facilities of an office during the period of time used for lobbying, together with additional charges for utilities, telephone usage, fax, insurance, services, furnishings, computers, printers, systems, copiers, fax machines, office supplies, postage and other costs related to the physical facilities and operation of an office during the period of time used for lobbying. 51 Pa. Code § §35.1(g)(4) -(7); (i). Shaffer 00 -1007 Page 7 §35.2. Records maintenance, retention and availability. (2) An expenditure incurred partially in connection with lobbying may be prorated by any reasonable accounting method, but the method used shall be described in detail in the records maintained as to the expenditure. 51 Pa. Code §35.2(b)(2). Having set forth the pertinent statutory and regulatory provisions, your inquiries shall now be addressed. The issues which you have raised generally fall into three areas: whether an activity is a lobbying expense; how a lobbying expense is categorized under Section 1305(b)(2); and how proration is to be made for lobbying expenses in instances which require such apportionment. For a general analysis of these areas, it is recommended that you review Roth, Opinion 99 -1006; McGee, Opinion 99 -1022; DeWall, Opinion 99 -1029; and Hogan, Opinion 00 -1002. We would also note that the Lobbying Disclosure Committee is preparing an accounting manual setting forth guidelines for accounting and reporting. See, 65 Pa.C.S. §1310(c). We shall now apply the principles set forth in the above cited opinions to the questions which you have posed. Your first inquiry involves a postage meter. Factually, the PCCC shares the rental for a postage meter with three other entities. The PCCC pays its share of the postage meter rental on a quarterly basis, the most recent payment having been made in October, 1999. Additionally, the PCCC spent $16.50 in postage in October for direct communication. You ask whether the PCCC must include a portion of the meter rent as a lobbying expense, and if so, what portion. Since the postage meter is used for lobbying - related purposes, pursuant to Section 1305(b)(2)(i) of the Act, a portion of the PCCC's share of the meter rental would be included in the PCCC's Quarterly Expense Report for the October - December, 1999 quarter, as within the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying," reported at Block 13 of the Expense Report form. In determining the appropriate portion to include in Block 13, the calculation is to be based upon the period of time the meter is used for lobbying. 51 Pa. Code §35.1(1)(5). The PCCC may use an reasonable accounting method, but must note the method used in its records. 51 Pa. Code 35.2(b)(2). One acceptable method would be to determine the percentage of the PCCC s mailings related to lobbying and multiply that percentage times the PCCC's share of the quarterly rental for the meter. As for the postage itself, the total amount of postage that was used relative to lobbying would also be included within the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying" reported at Block 13. Additionally, the proportionate amounts of such postage which were for "direct communication" and "indirect communication" would be included within the appropriate totals for those categories at blocks 14 and 16 of the Expense Report. In this case, the amount of postage that was used for direct communication,$16.50, would be included within the "single aggregate good faith estimate of the total amount spent for direct communication" at Block 14, and the amount of postage, if any, that was used for indirect communication would be included within the "single aggregate good faith estimate of the total amount spent for indirect Shaffer 00 -1007 Page 8 communication" at Block 16. Your second inquiry relates to PCCC meetings for its board members and for the community college presidents. Factually, the PCCC annually holds five meetings for its board members and six meetings for the community college presidents. At two meetings in September, the expenses for which were paid in October, a short discussion was held regarding HB 1152. You ask what portion of the PCCC's executive director's hotel and transportation expenses would constitute a lobbying expense. We initially note our assumption that the PCCC is appropriately using the cash method of accounting. See, 51 Pa. Code §35.1(c). For these two meetings wherein a legislative bill was discussed, there may be a lobbying or lobbying- related expense, depending upon material facts which have not been submitted. We do not know the nature of the discussions. If the discussions had nothing to do with lobbying, the related expenses would not be reportable under the Act. We do not know the role of the board members or community college presidents with regard to lobbying on behalf of the PCCC. Due to the insufficiency of the submitted facts, our response will, to some extent, necessarily be limited to providing general guidance. We begin by noting that in DeWall, Opinion 99 -1029, we held inter alia, that participation in lobbyist /association staff strategy sessions where the communications would occur strictly among the principal (through its staff) and its own lobbyists, would not constitute lobbying. We stated: In such a scenario, the principal is essentially talking to itself through its own staff and lobbyists. Such activities involve review, analysis or strategy but not direct or indirect communications in an effort to influence legislative or administrative action. DeWall, Opinion 99 -1029 at 6. However, we determined that such activities, though not lobbying, would be "lobbying- related," so that the related expenses for such strategy sessions would be includable in expense reports filed under the Act as within the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying." Id. In applying the DeWall analysis to the meetings which you have referenced, we determine that if such discussions were essentially strategy sessions for lobbying on behalf of the PCCC, the discussions would not constitute "lobbying," but would be lobbying - related, such that a portion of the related expenses would be reportable within the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying" at Block 13 of the Expense Report form. The related expenses for the meetings would include, for example, the appropriate portion of the executive director's time as well as his or her hotel and transportation expenses, but would also likely include other meeting expenses. Again, any reasonable accounting method could be used for the calculation. One acceptable method would be to calculate for each meeting the percentage of total meeting time that was devoted to such discussion and multiply that percentage times the related expenses. If such discussions were not strategy sessions for lobbying on behalf of the PCCC, but rather, were an effort to encourage the participants to take action outside the scope of their activities for the PCCC, for the purpose or with the foreseeable effect of directly influencing legislative action or administrative action, then that part of the meeting would be considered "indirect communication." Assuming that indirect communication occurred, the reportable portion of the related expenses for both Block 13 and Block 16 would include the appropriate portion of the executive director's time as well as his or her hotel and transportation expenses, but would also likely include other meeting expenses. Again, any reasonable accounting method could be used for the calculation, and one acceptable method would be to calculate for each meeting the percentage of total meeting time that was devoted to such discussion and Shaffer 00 -1007 Page 9 multiply that percentage times the related expenses. The third inquiry relates to a luncheon provided at PCCC expense to the community college presidents after they met with the Secretary of the Department of Education to discuss what you characterize as "their" issues of importance. As with your second inquiry, the luncheon may be a lobbying - related expense of the PCCC, depending upon material facts which have not been submitted. We do not know the role of the community college presidents with regard to lobbying on behalf of the PCCC, nor do we know the nature of these particular discussions with the Education Secretary. If the discussions had nothing to do with lobbying, that is, an effort to influence legislative action or administrative action as those terms are defined in the Act, the related expenses would not be reportable under the Act. On the other hand, if the meeting involved lobbying on behalf of the PCCC, the PCCC would have to report its related expenses both in the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying "(Block 13) and in the "single aggregate good faith estimate of the total amount spent for direct communication" (Block 14). Such related expenses would include the cost of the luncheon which was provided to the community college presidents as part of that particular effort. Your fourth question concerns two teleconferences held among a committee of community college presidents to discuss how to create a new funding formula for the community colleges. You ask whether the cost of the teleconferences would constitute an "indirect lobbying expense." We initially note that the term "indirect lobbying expense" does not appear in the Act (although you are not the first requestor to use such a term, see, DeWall, supra, at 2). We further note as to this inquiry that we are again lacking material facts so as to be able to provide a "yes" or "no" answer to your question. We do not know from the facts which have been submitted what the significance of such discussions would be. The fundamental question is whether the teleconferences were lobbying or lobbying - related. If the teleconferences were merely for informational or analysis purposes unrelated to any effort to influence legislative action or administrative action, that activity would not constitute lobbying under the Act. For the reasons noted above as to your second inquiry, if such discussions were essentially strategy sessions for lobbying on behalf of the PCCC, the discussions would not constitute "lobbying," but would be lobbying- related, such that the related expenses would be reportable within the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying" at Block 13 of the Expense Report form. If such discussions were not strategy sessions for lobbying on behalf of the PCCC, but rather, were an effort to encourage the participants to take action outside the scope of their activities for the PCCC, for the purpose or with the foreseeable effect of directly influencing legislative action or administrative action, then these teleconferences would be considered "indirect communication." Assuming that indirect communication occurred, the expenses for the teleconferences would be included in the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying" at Block 13 and in the "single aggregate good faith estimate of the total amount spent for indirect communication" at Block 16 of the Expense Report form. Your fifth inquiry relates to a PCCC staff consultation with an attorney for the purpose of becoming better informed about the Act. You ask whether the cost of the consultation would be a lobbying expense. Shaffer, 00 -1007 Page 10 In Chiavetta, Opinion 99 -1003, we noted our view that the practice of law and the activity of lobbying are mutually exclusive. We held that an individual who, in the practice of law, advises clients on lobbying - related issues would not in so doing be engaged in lobbying. However, we further held that to the extent the attorney would advise a client required to register /report under the Act on lobbying - related matters, the attorney's fees on lobbying - related matters would be lobbying - related expenses reportable by the principal as part of the principal's "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying" under §1305(b)(2)(i) of the Act. In response to your specific question, we hold that the PCCC staffs consultation with an attorney for the purpose of becoming more knowledgeable about the Act would not be lobbying but would be lobbying - related. Thus, the expenses for the legal consultation would be lobbying - related expenses reportable by the PCCC as part of the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying" at Block 13 of the Expense Report. Your sixth question involves a PCCC Board Meeting via teleconference which lasted for approximately 90 minutes. During the teleconference, the members discussed HB 1152 for approximately 20 minutes. You ask whether that portion of the teleconference would result in a lobbying expense. Our analysis of this question is essentially the same as set forth in our response to the second and fourth inquiries above. The fundamental question is whether that 20 minute portion of the teleconference was lobbying or lobbying - related. If the 20 minute discussion regarding HB 1152 was for purposes unrelated to any effort to influence legislative action or administrative action, the discussion would not constitute lobbying under the Act. For the reasons noted above as to your second inquiry, if the 20 minute discussion was essentially a strategy session for lobbying on behalf of the PCCC, the discussion would not constitute "lobbying," but would be lobbying - related, such that the related expenses would be reportable within the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying" at Block 13 of the Expense Report form. Again, any reasonable accounting method could be used for the calculation. One acceptable method would be to calculate the percentage of total meeting time that was devoted to such discussion (20 minutes divided by 90 minutes) and multiply that percentage times the related expenses. If the discussion was not a strategy session for lobbying on behalf of the PCCC, but rather, was an effort to encourage the participants to take action outside the scope of their activities for the PCCC, for the purpose or with the foreseeable effect of directly influencing legislative action or administrative action, then the 20 minute portion of the teleconference would be considered "indirect communication." Assuming that indirect communication occurred, the expenses for that portion of the teleconference would be included in the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying" at Block 13 and in the "single aggregate good faith estimate of the total amount spent for indirect communication" at Block 16 of the Expense Report form. Any reasonable accounting method could be used for the calculation, including the method set forth immediately above. Your final question relates to a luncheon for several PCCC members at the PCCC's expense following a meeting with the PCCC's government relations firm. You ask whether the cost of the luncheon would constitute a lobbying expense. As we noted above, lobbyist /principal strategy sessions where the communications would occur strictly among the principal and its own lobbyists would not constitute lobbying. DeWall, Opinion 99 -1029 at 6. However, such activities, though not lobbying, would be "lobbying- related," so that the related expenses would be includable in expense reports filed Shaffer, 00 -1007 Page 11 under the Act as within the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying." Id. Thus, the meeting between the PCCC Board Members and the PCCC's lobbying firm would not constitute lobbying. However, the expenses of the meeting, including the cost of the luncheon for the members, would be lobbying - related expenses and would be included within the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying" at Block 13 of the PCCC's Quarterly Expense Report. The propriety of the proposed conduct has only been addressed under the Act and derivatively the Ethics Act to the extent applicable; the applicability of any other statute, code, ordinance, regulation or other code of conduct has not been considered in that they do not involve an interpretation of the Act. IV. CONCLUSION The activities of a commission for community colleges ( "commission ") constitute lobbying under the Lobbying Disclosure Act to the extent that such activities are an effort to influence legislative action or administrative action. Where a shared postage meter is used by the commission for lobbying - related and other purposes, a portion of the meter rental reflecting the lobbying - related use would be reported within the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying" at Block 13 of the Expense Report. Any reasonable accounting method may be used to determine the appropriate portion, but the method must be noted in the commission's records. The total amount of postage used relative to lobbying would be included within the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying," and the proportionate amounts for "direct communication" and "indirect communication' would be included within the appropriate totals for those categories at blocks 14 and 16 of the Expense Report. Discussions which are unrelated to any effort to influence legislative action or administrative action would not result in reporting under the Act. A discussion at a commission meeting among the commission board members or the community college presidents as to strategy for lobbying on behalf of the commission would not constitute "lobbying," but would be lobbying - related, such that the related expenses would be reportable within the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying." A discussion which would be an effort to encourage the participants to take action outside the scope of their activities for the commission, for the purpose or with the foreseeable effect of directly influencing legislative action or administrative action, would be "indirect communication," and the related expenses would be included in the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying" at Block 13 and in the "single aggregate good faith estimate of the total amount spent for indirect communication" at Block 16 of the Expense Report. For a multi - purpose meeting, the lobbying - related expenses may be apportioned by any reasonable accounting method. Commission expenses related to a meeting among community college presidents and the Secretary of Education would be reportable by the commission if the meeting involved lobbying on behalf of the commission. Reportable expenses would include a luncheon following the meeting. Such expenses would be reported both in the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying" at Block 13 and in the "single aggregate good faith estimate of the total amount spent for direct communication" at Block 14 of the Expense Report. The cost for a consultation with an attorney for the purpose of becoming more Shaffer, 00 -1007 Page 12 knowledgeable about the Act would be a lobbying-related expense reportable by the commission as part of the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying." Lobbyist /principal strategy sessions where the communications would occur strictly among the commission members and the commission's own lobbyists would not constitute lobbying, but would be "lobbying- related," such that the related expenses would be reported within the "single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying." The reportable expenses would include the cost of a luncheon for several commission members following such a meeting. Pursuant to Section 1308 of the Act, a requestor who truthfully discloses all material facts in a request for an advisory and who acts in good faith based upon a written opinion of the Commission issued to the requestor shall not be held liable for a violation of the Act. This Opinion is a public record and will be made available as such. Finally, a party may request this Commission to reconsider its Opinion. The reconsideration request must be received at this Commission within thirty days of the mailing date of this Opinion. The party requesting reconsideration must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code §39.1. By the Commission, Daneen E. Reese Chair