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ADVISORY OPINION 1987-15
FACTS

A registered lobbyist is retained by a client to lobby on behalf of the client. Thereafter, the lobbyist files a lobbyist statement of registration with the City Clerk. In the course of the lobbying effort, it becomes necessary for an executive employed by the client to lobby City officials and employees on the same matter that the principal lobbyist is retained for.

ISSUE
Where a client has retained a principal lobbyist, are employees of the client, who engage in lobbying on behalf of their employer on matters for which the principal lobbyist is retained, required to file a separate lobbyist statement of registration?

OPINION
Section 3-211 (a) of the Lobbying Law (Local Law 14 of 1986) states that the term "lobbyist shall mean every person or organization retained, employed or designated by any client to engage in lobbying"( emphasis added ). Section 3-211(c)(1)(i)-(vii) defines the terms "lobbying" or "lobbying activities".
Furthermore, Section 3-213(a)(1) states that every lobbyist shall annually file with the City Clerk, a statement of registration for each calendar year. Section 3-213(a)(2) provides that a statement of registration shall be completed by those persons who have been retained, employed or designated as lobbyists (as defined by section 3-211(c)(1)) who reasonably anticipate expending, receiving or incurring combined reportable compensation and expenses in an amount in excess of two thousand dollars.

CONCLUSION
It is the determination of the City Clerk that if an employee of a person or organization that has retained a registered lobbyist, engages in lobbying and anticipates, or does, expend, receive or incur two thousand dollars or more in combined reportable compensation and expenses for lobbying, the employee must file a lobbyist statement of registration with the City Clerk.
If an employee of a person or organization, that has retained a registered lobbyist, engages in lobbying on behalf of the employer, and does not anticipate, or will not, expend, receive or incur two-thousand dollars in reportable compensation and expenses for lobbying, the employee's lobbying activity must be reported on the employer's client annual report.

CARLOS CUEVAS City Clerk and Clerk of the Counsel
KATHERINE E. TIMON Counsel
TIMOTHY J. MCFARLAND Assistant Counsel

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