New York’s ethics watchdog has doubled down on a proposal intended to require public-relations firms to register as lobbyists, not only if they talk to government officials on behalf of a client, but even if they communicate with the press. As lobbyists, they would then be required to report their activities to the government.
A proposal by the state’s Joint Commission on Public Ethics (JCOPE) in November 2015 sought to compel more consultants to register as lobbyists. Taken aback, four PR firms in the city had civil-rights law firm Emery Celli write to JCOPE in December that the opinion was too vague and could be construed to apply to conversations with the press.
“We put the spotlight on this issue exactly and we basically said, ‘You can’t possibly mean that talking to an editorial board or a reporter was lobbying; you can’t possibly mean that,’” attorney Andrew Celli said. “So the staff looked at our letter and I believe they said, ‘No, no, that’s exactly what we mean.’”
The revised text now reads: “A public-relations consultant who contacts a reporter or editorial board in an attempt to get the media outlet to advance the client’s message would also be delivering a [lobbying] message.” Further, a consultant who has input into the content of a message and helps deliver it to a public official using either the public or the press would be considered a lobbyist.
The New York Civil Liberties Union (NYCLU) agrees with the PR firms, saying that conversations with the press fall outside the legal definition of lobbying. “Writing an op-ed piece urging law reform cannot be regarded as lobbying, unless it further urges individuals to contact public officials,” NYCLU Legal Director Arthur Eisenberg said. “When we read most op-eds, we understand that that’s not lobbying; that’s public education and entitled to free-speech protections of the First Amendment.” ‘A very dangerous proposition’
The New York Press Association, a trade group for small newspapers, said the proposal was offensive. “The idea of requiring anyone to have to report to the government before they talk to the press is a very dangerous proposition,” Executive Director Michelle Rea said. “If you are a really good reporter, you know who you are talking with. You question the information that people are giving you.”
But the good-government group Citizens Union said that consultants use the media to influence lawmakers, and that such activity should be reported. “This is about having everyone put their cards on the table so New Yorkers know who is trying to influence the actions of state and city government and getting paid for it,” said Dick Dadey, Executive Director of the group.
The advisory opinion also includes provisions that would require consultants who connect clients with lawmakers to register as lobbyists. Celli’s letter called that move “good public policy.”
Gov. Andrew Cuomo pushed for that reform in his State of the State address last week, in a possible reaction to press reports about the relationship between strategic communications firm BerlinRosen and the de Blasio administration. The firm has a slew of clients with business before City Hall and also advises the Mayor, drawing criticism from good-government groups. Currently, BerlinRosen does not have to disclose its door-opening activities. “Political consultants who advise elected officials while also representing clients before the government do not currently register as lobbyists either, and they should also,” Cuomo told State Legislators. “I am going to send you that bill, and that’s a bill that you should sign.”
It’s unclear whether the governor’s legislation will include language that requires consultants that speak to the press on behalf of a client to register as lobbyists.
JCOPE’s advisory opinion is not yet a rule. It would have to be formally adopted by the ethics agency’s 14 commissioners, six of whom are appointed by the Governor. Three are named by the Senate majority leader, three by the Assembly speaker, and one by each minority leader of the two chambers.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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