Can a former state employee deal with matters that do not fall within the purview of “executive branch lobbying” or deal with matters that are specifically exempted by the executive branch lobbying rule, e.g., assisting clients with routing

Published 08/06/2007 03:22 PM   |    Updated 02/17/2009 05:33 PM

Can a former state employee deal with matters that do not fall within the purview of “executive branch lobbying” or deal with matters that are specifically exempted by the executive branch lobbying rule, e.g., assisting clients with routing licensing, form filing and approval, and other administrative matters that may be required of a regulated entity? 

The prohibition on “lobbying” in the revolving door law (IC 4-2-6-11) states that “A former state officer, employee, or special state appointee may not accept employment or receive compensation:

        (1) as a lobbyist (as defined in IC 4-2-7-1);”

 

IC 4-2-7-1 states:

 

(5) "Lobbyist" means an individual who seeks to influence decision making of an agency and who is registered as an executive branch lobbyist under rules adopted by the Indiana department of administration. (emphasis added)

 

Referencing this last definition, if you engaged in lobbying activity that was subject to the registration exemption, and therefore were not required to register, then the revolving door prohibitions would not apply.  It is the opinion of the Executive Director of Executive Branch Lobbying that the revolving door law prohibits state employees from becoming “registered” executive branch lobbyists, and then engaging in the conduct that would fit that definition.  

 

For more information, see the Executive Branch Lobbyist Registration Rule, visit the Executive Branch Lobbyist website at http://www.in.gov/idoa/2885.htm,  or call (317) 234-4431.

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