2009-08-12 Board of Ethics Minutes

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Ms. Nicholson said that if ads are bought, someone is paying for them. However, the way the lobbyist definition reads, it could be an organization and not an individual paying for the ad. Mr. Westervelt said the spirit of why people should be registering is so they can be connected to the stream of money that is supporting their activity. He said there are very few people who register as lobbyists compared to the number who come forward stating that they represent a group or organization. Ms. Gentry asked Mr. Goodenow whether his concern was enforcement of the lobbyist requirements. He said that his office has not gotten involved in enforcement at all, and that if they received a complaint that someone should be registered, it would get referred to the Corporation Counsel. All his office does with the forms is collect and file them. He would like guidance from the Board on what they should be doing. Ms Gentry asked whether the County Clerk's Office or County Council ever sponsored any workshop on lobbying, and Mr. Goodenow said not to his knowledge, but that it would be a good idea. Ms. Gentry asked whether there is a method of disclosure for people who testify, and Mr. Goodenow said there is a registration form provided but that under the Sunshine Law, they also have to accept anonymous testimony. Most people do provide their name on the form, but it is not required. Ms. Nicholson said it seems that a lot of paper is generated for naught. Ms. Schoen said the purpose of filing the forms with the Clerk's Office is because they are public documents that become readily available for the public to scrutinize. Ms. Nicholson said the whole process seems a little too complex and questioned whether it could be made simpler for the public. The current form is a lot of work to fill out, and requires expenditure reports, etc. Mr. Goodenow said there are professionals that are registered as lobbyists, but the total number of filers is very few. Ms. Gentry asked if there was a high frequency of supposedly paid lobbyists who come forward, and Mr. Goodenow said no. She said in that case it did not seem to be a big issue, except for those who are paid and prominent, and asked whether they come in very often. Mr. Goodenow said no. Ms. Gentry asked how serious the problem was, and Mr. Goodenow said he would defer to the Board on that. He said he does not know if Mr. Westervelt's concerns could be addressed on the forms. Ms. Nicholson noted that an organization may be spending a fair amount of money, but not the person who is representing it. Ms. Gentry asked how often that happens, and Mr. Goodenow said it happens on hot - button issues, such as the 2% land fund issue. He said that on that issue there was a front person, identified as the spokesperson for the group, who did not complete the lobbyist forms. Unless he was directed by the Board to do so, Mr. Goodenow did not feel it was his place to investigate. Ms. Nicholson asked Mr. Westervelt if the issue was a real concern, or whether it was a matter of having the forms updated. She asked if the issue could be addressed by better defining what a lobbyist is or by giving examples of what would qualify as lobbying. Mr. Westervelt said 11