A public corporation formed under the laws of the State of New York has employees, such as the Director of Legislative Affairs and the General Counsel, who engage in lobbying activities as part of their official duties. In addition, they call upon legislators, legislative staffs, and others in connection with proposed legislation affecting their corporation.
The questions presented to the Commission under the Regulation of Lobbying Act of 1977 (hereinafter referred to as the Act) are: (1) Is O.T.B. a public corporation within the meaning of the Act? (2) Does a public corporation have to file with the Lobbying Commission the statements and reports required of private corporations? (3) Do employees of a public corporation, such as the Director of Legislative Affairs and the General Counsel, who engage in legislative lobbying activities as part of their official duties, come within the purview of the Act?
The inquirer is a "public corporation" within the meaning of Section 3(c) of the Act. The Director of Legislative Affairs and the General Counsel come within the exclusion of Section 5(a)(1)(ii) of the Act as "an officer, employee, counsel, or agent of any public corporation, when acting in such official capacity."
A public corporation is required to file under Sections 9 and 10 of the Act and the prorated salaries of its employees who are engaged in lobbying would have to be reported in each periodic report and such employees do not individually register.
APPROVED BY COMMISSION: October 6, 1978
CONCURRING: CHAIRMAN S. STANLEY KREUTZER, VICE CHAIRMAN OWEN McGIVERN, MARGARET C. ANDRONACO, D. CLINTON DOMINICK, DANIEL GUTMAN, and DAVID C. TAIT./S/