Advisory Opinion No. 2000-15

Application Of The Lobbyist Code’s Contingent Fee Ban To Referenda

Mr. Benjamin Davol has asked how the provisions of The Code Of Ethics For Lobbyists would apply to his potential acceptance of a bonus fee, should he be successful in managing a statewide referendum campaign.

Under §1-97(b) of the Code, "No person shall be employed as a lobbyist for compensation which is contingent upon the outcome of any administrative or legislative action." A statewide referendum (e.g., the current proposed constitutional amendment regarding the abolition of the Office Of High Sheriff) results from "legislative action", i.e. passage of a joint resolution by the General Assembly. Nonetheless, the resultant referendum is not encompassed within the Lobbyist Code’s definition of either "Administrative action" or Legislative action". Conn. Gen. Stat. §§1-91(a) and (j). Consequently, the Code’s contingent fee ban does not apply to prohibit the bonus payment in question.

By order of the Commission,

Stanley Burdick,
Chairman