Office of the City Clerk Office of the City Clerk
Advisory Opinions
ADVISORY OPINION 1987-1
FACTS
A firm has salaried employees whose duties include lobbying and therefore must register as lobbyists with the City Clerk. In completing Part 3 of the Lobbyist Statement of Registration, the firm has difficulty in stating with reasonable certainty the amount or rate of compensation to be paid to salaried employees for lobbying activities, since the salaried employees who are expected to be engaged in lobbying for the coming year are not specifically compensated for such work and cannot determine at the time of filing, the amount of time these salaried employees will be devoting to lobbying during the coming year.

OPINION
New York City Administrative Code, subchapter 2 of Chapter 2 of title 3-211 states:

(A) (1) Every Lobbyist shall annually file with the City Clerk, on forms prescribed by the City Clerk, a Statement of Registration for each calendar year...

(A) (2) Such filing shall be completed on or before January first by those persons who have been retained, employed, or designated as Lobbyists on or before December fifteenth of the previous calendar year who reasonably anticipate combined reportable compensation and expenses in an amount in excess of two thousand dollars...

Furthermore, Section 3-213 (A) (3) provides that:
"If such Lobbyist is retained or employed pursuant to a written agreement of retainer or employment, a copy of such shall also be attached and if such retainer or employment is oral, a statement of the substance thereof;"

Therefore, on the facts stated, the client's salaried employees who are subject to registration should file a Statement of Registration even though there may be no separate agreement with their employer (the client) regarding the employee's lobbying activities and even though the amount or rate of compensation for lobbying activities cannot be ascertained at the time of filing.

In this instance, rather than a copy of a retainer agreement or employment agreement as required by Part III of the registration form, pursuant to Section 3-231(c), which does not contemplate lobbying by a salaried employee, a statement by such salaried employee/lobbyist should be attached to the form and should indicate as follows:

PART III - LOBBYIST/CLIENT RELATIONSHIP
"I am a salaried employee of (name of the employer) and am not specifically compensated for such lobbying activity. At this time my proportionate share of salary attributable to lobbying is unknown. I will calculate such proportionate share of salary attributable to lobbying at the end of each quarter of my activities and shall state it on my quarterly and annual reports."
The formula to be used in ascertaining a salaried employee proportionate share of salary attributable to lobbying is as follows:

Salary Attributable to Lobbying = Hours Attributable to Lobbying for the Quater X Salary for the Quarter
Total Hours Works

Additionally, pursuant to section 3-213(f), an organization, (as defined in Section 3-211(d)), having more than one employee lobbying on its behalf may name one employee as its principal designated Lobbyist and such employee shall report in the Statement of Registration the names of each employee who will be engaged in lobbying.

CARLOS CUEVAS City Clerk of the City of New York
KATHERINE E. TIMON Counsel
TIMOTHY MCFARLAND Assistant Counsel

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