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Advisory Opinions

ADVISORY OPINION 2007-4
FACTS

At the request of the Commissioner of Buildings, an expert in the area of affordable housing is appointed chair of an advisory committee on affordable housing, charged with reviewing and making recommendations about proposals for a new building code. The chairperson of the advisory committee is also a registered lobbyist.

ISSUES
Is the affordable housing expert's work in chairing an advisory committee established by a City agency to work on a new building code, lobbying activity that must be reported by the lobbyist?

DISCUSSION
Administrative Code section 3-211(c)(3) deems certain persons and organizations not to be engaged in "lobbying activities", including "persons who prepare or submit a response to a request for information or comments by . . . the mayor. . .or an agency", Administrative Code section 3-211(c)(3)(v). In his capacity as chair of an advisory committee established by the Department of Buildings to review and make recommendations regarding a new building code, the lobbyist is providing such responses and would be deemed not to be engaged in "lobbying activities". Therefore, the lobbyist would not be required to report this work as "lobbying activities".

CONCLUSION
The lobbyist's work of chairing an advisory committee established by a City agency to provide comments or information on the City agency's proposals is not considered "lobbying activity".

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