QUESTION
What are the requirements to ban someone from being a lobbyist in New York City?
1:48:16
·
103 sec
The City Clerk explains there is no clear standard for determining 'willful' violations that could lead to banning a lobbyist.
- The law department was consulted but could not identify a definition of 'willful' violations.
- Case law in the criminal context may provide guidance on defining willfulness, but no specific conduct has been identified as rising to that level.
- Most lobbyists try to comply, and the lobbying law allows a 14-day cure period for filing discrepancies before further action.
- This cure period limits the ability to pursue violations considered 'willful'.
Lincoln Restler
1:48:16
So I just wanted to ask specifically on the question of a what it would take to ban somebody from being a lobbyist in New York City.
1:48:26
No knowing in willful violations, could you expand upon that?
Michael McSweeney
1:48:34
In terms of knowing in willful violations, you know, first of all, you know, we we've actually tried to look at a standard for knowing and willful, and we've actually, you know, talked to the law department about that.
1:48:48
And there's no, you know, standard that they were able to identify in in, you know, anywhere in the structure of what constitutes willful.
1:48:58
So, you know, we would have to look at, you know, case law in the criminal context to kind of find that.
1:49:05
So, we haven't found you know, where where someone's conduct was so egregious that it would rose to the level of willfulness that we said, this is clearly willful without that standard because, you know, for the most part, we find that most lobbyists, you know, in the system, you know, do try to comply.
1:49:24
And when there is an issue, when it comes to late fees, or with a failure to fire file a certain report, the lobbying law contains a 14 day notice a 14 day cure period.
1:49:37
So before, you know, we can take any further action, we have to send out notices to cure for any discrepancy in a lobbyist's filing.
1:49:47
So that kind of limits our ability.
1:49:50
You know, everybody has a chance to cure their their lobbying.
1:49:54
So that kind of can hide a a multitude of sins as it were.
Lincoln Restler
1:49:58
Yeah.
