[Agency Name]

POLICY & PROCEDURE       Number:  
Date Issued:  November 2, 1998 
Subject:   Model Policy - Working with the Legislature

APPROVED:   _______________________________________

• Maintain the highest integrity at all times, acting for the agency and the governor, not themselves.
  
• Be respectful, clear and honest in all communications.
  
• Present all information fairly and completely.
  
• Respond to inquiries without delay.
  

• Guide to Lobbying in Oregon, Oregon Government Standards and Practices Commission
  
• Attorney General Opinion No. 8259 (August 1998)
  
• Guidelines for Working with the Legislature, Department of Administrative Services
  
• [Any additional agency policies, procedures or guidance]
  

• Promote public involvement in agency programs or efforts.
  
• Conduct public outreach to help the success of agency programs.
  
• Educate or inform the public about agency programs or initiatives.
  

1. Talk or write to a legislator or to his or her staff to influence legislative action.
   
   Examples:
   

• Testimony favoring or opposing a bill or budget.
  
• Proposing amendments to a bill, including technical amendments.
  
• A letter, memo, or e-mail favoring or opposing a bill or budget.
  
• Formal or casual conversations favoring or opposing a bill or budget.
  

2. Talk or write to a legislator or to his or her staff to promote good will toward the agency or an agency program.
   

3. Talk or write to others with the intent to ask them to influence legislative action.
   
   Examples:
   

• Meetings where they ask people to support or oppose a bill or budget.
  
• Letters, memos, e-mails, or newsletters asking people to support or oppose a bill.
  

1. Talk or write to a legislator or to his or her staff merely to provide facts. (Facts may include fact estimates and expert opinions of fact.) The facts may apply to any program, budget, bill, or issue.
   
2. Do work within the agency to research, write, or otherwise develop a bill or budget.
   
3. Research or write testimony supporting or opposing a bill.
   
4. Are waiting to present testimony or meet with legislators or staff.
   
5. Write or talk to anyone to solicit his or her input on the agency’s legislative proposals or budget.
   
6. Do support work for an agency’s lobbying activities, but not including any direct communication between themselves and legislators or their staff.
   

1. Any state official who limits lobbying activities solely to formal appearances to give testimony before public sessions of committees of the Legislative Assembly, or public hearings of state agencies, and who, if the individual testifies, registers an appearance in the records of such committees or agencies.
   
2. A person who spends not more than 24 hours during any calendar quarter lobbying, excluding travel time, and who does not spend an amount in excess of $100 lobbying during any calendar quarter excluding the cost of personal travel, meals and lodging.
   

The $100 limit includes only out-of-pocket expenses paid for by the individual with personal funds and not reimbursed by the agency. The $100 limit excludes the cost of personal travel, meals and lodging.

Note: If a state official speaks privately with a legislator on a single occasion to express reasons why a particular bill is a good or bad idea, asks other persons to support or oppose a legislative measure, or engages in any other lobbying activity than formal, registered appearances at public session of legislative committees, exemption #1 above will not apply. In this case, all time spent by the public official "for the purpose of lobbying" will need to be counted, even time spent for prior formal appearances that the employee registered in committee or agency records. If this total time exceeds 24-hours in the calendar quarter, the public official must register.

1. Individual Registered Lobbyist Expenditure Reports
   

• Each registered lobbyist must personally submit periodic reports to the GSPC identifying the amount of expenses incurred from personal funds for the purpose of lobbying. The report must be filed even if the total expense is $0.
  
• Amounts reimbursed by the agency are not included in the individual report. (See policy regarding allowable expenditures.) The cost of time spent lobbying is not included in this report.
  
• The report must show the name of any legislative official to whom or for whose benefit an expenditure of more than $62 is made on any one occasion. This amount is adjusted periodically by the GSPC.
  
• During even-numbered years, GSPC Lobbyist Expenditure Reports are due by January 31 and July 31 for the preceding two calendar quarters.
  
• During odd-numbered years GSPC reports are due by January 31, April 30, and July 31 for the preceding calendar quarter or quarters.
  
• The registered lobbyist must provide a copy of their GSPC report to the agency legislative coordinator.
  
• The amount of time incurred to lobby legislators, their staff or stakeholders must be reported to the agency’s legislative coordinator within 15 days after the end of the calendar quarter for inclusion the Employer Expenditure Report.
  

2. Individual Expenditure Reports - Not Registered As Lobbyists
   

1. The amount of time spent lobbying.
   
2. The amount of any lobbying expenses paid for by the agency.
   

3. Annual Employer (Agency) Expenditure Reports
   

• An annual report is required if the represented agency has any registered lobbyists.
  
• If required, the report must include agency expenditures for ALL lobbying activities; including those of any exempt personnel, board or commission members. Expenses included in the individual lobbyist report are not included.
  
• The report is due by January 31 for the preceding calendar year.
  
• The Annual Employer Report to the GSPC will include the following:
  

1. Cost of personnel expenses related to lobbying.
   
   
   1. Time registered lobbyists spend actually lobbying including other payroll expense (OPE). A good faith estimate of the time spent weekly or monthly is acceptable.
      Example:
      
      Agency director, a registered lobbyist, spends three hours per week meeting with legislators during the six-month legislative session advocating for the agency´s legislative program and budget.
      
      Calculation of cost:
      
      Directors Monthly Salary * OPE rate / 173 hrs in a month = hourly rate
      
      3 hrs per week * 24 weeks times * hourly rate = value of lobbying time
      
      
   2. Time agency staff exempt for Government Standards and Practices registration requirements spend actually lobbying including OPE.
      Example:
      
      Program Manager, not a registered lobbyist, spends two hours in total at four stakeholder meetings explaining the benefits of an initiative and asking stakeholders to contact their legislator for support. Program Manager spends an additional eight hours listening to stakeholder reactions and answering specific questions about the initiative.
      
      Calculation of cost:
      
      Program Manager´s Monthly Salary *OPE rate / 173 hrs in a month = hourly rate
      
      2 hrs lobbying * x hourly rate = value of lobbying time
      
      
2. Agency expenses included in individual reports from unregistered staff, board or commission members who engage in lobbying activities on behalf of the agency including any testimony taking a position.
3. Cost of consultants contracted and registered to lobby on behalf of the agency, if any.
4. Estimated or actual cost of office expenses related to lobbying:

Examples:

• Pages of testimony entered into the record or left with a legislator, legislative staff member or stakeholder.
  
• 20 copies of a one-page statement in support/opposition; -20 x $0.05 or $1.00
  
• 6 copies of a 100 page budget presentation to Ways & Means subcommittee; 6 x 100 x $0.05 or $30
  
• 50 copies of a five-page agency position paper delivered to a stakeholder group; 50 x 5 x $0.05 or $12.50
  

Note: Per page or per copy rate adopted by individual agency should be used.

• Pictures prepared for committee presentation.
• Video tapes.
• Postage or other freight expense required to deliver testimony to the committee.

• Cost of items used to provide information about the agency and its programs. Examples:
• Materials and testimony providing information about the effect of a bill on the agency when no position is taken.
• Time spent by staff preparing materials and testimony, whether or not a position is taken.
• Time spent preparing the budget or preparing the budget presentation.
• Cost of personnel time personnel time related to activities not included in the definition of lobbying. Examples:
• Time spent waiting to meet with a committee, legislator, legislative staff member, or stakeholder.
• Time spent providing information about the effects of a bill on the department to a committee, legislator, legislative staff member or stakeholder when no position is taken.
• Time spent researching, developing or otherwise preparing legislative proposals or budgets.

1. Procedure for registering as a lobbyist
   
   This procedure will ensure that individuals representing the agency keep track of time in order to recognize the need to register if necessary. The procedure should also ensure that approval from the Department of Administrative Services is obtained before registering as lobbyists with the Government Standards and Practices Commission. In addition, the procedure should deal with terminating a lobbyist´s registration when appropriate.
   
   
2. Procedure for completing lobbyist expenditure reports
   
   This procedure will ensure that the agency´s registered lobbyists (if any) complete their expenditure reports in a timely manner. The procedure should address the central reporting so that the agency´s legislative coordinator can prepare the Annual Employers Report to the Government Standards and Practices Commission.
   
   
3. Procedure for completing reports from others engaged in lobbying activities
   
   This procedure will ensure that the agency´s legislative coordinator obtains the information needed from agency staff, board or commission members not registered as lobbyists. The information is necessary to compile the Annual Employers Report to the Government Standards and Practices Commission.
   
   
4. Procedure for completing annual employer expenditure reports
   
   This procedure will ensure that the agency´s legislative coordinator prepares and files the Annual Employers Report to the Government Standards and Practices Commission in a timely manner.