A recent memo provided to the Tennessee Chamber of Commerce by Bruce Androphy, executive director of the Tennessee Ethics Commission, has area lobbyists highly concerned.
The chamber asked Androphy to address this question: "Are members of organizations like the Tennessee Chamber of Commerce and Industry, which employ a lobbyist, also considered employers of a lobbyist by virtue of their membership in the organization?"
The crux of the question is whether a local chamber, like for instance the Madison County Chamber of Commerce in Jackson, which does not employ a lobbyist but is a member of the Tennessee Chamber of Commerce, becomes subject to the jurisdiction of the Tennessee Ethics Commission by virtue of simply being a member of the statewide body.
Androphy's memo did not offer the comfort that chamber members might have hoped for. "It is uncertain," he answered. "While the statutory language seems to prohibit attributing employer status to members of organizations that employ lobbyists, the repercussions of answering in the negative are far-reaching and will have the effect of frustrating the intent of the new legislation."
Androphy argues that after reviewing the chamber's website, he believes "the Tennessee Chamber holds itself out as the voice of business, boasting that their government relations team is 'on the scene' when the legislature is in session."
He further states: "The Tennessee Chamber seeks to hold itself out to its members as an alternative to paying a lobbyist directly for his or her services. Members of the Tennessee Chamber, who do not already employ lobbyists, should not be allowed to circumvent and thereby frustrate the intent of the Act through membership in the Chamber. The entities that join the Tennessee Chamber do so with full knowledge of the activities and advantages of membership; they do so to in part to avoid paying the high price of employing a lobbyist themselves. It would run afoul of the intent of the Act for the Commission's position to allow such persons to escape regulation."
When contacted by NashvillePost.com, Androphy commented as follows:
"First, the Commission's use of the Tennessee Chamber is merely illustrative. The Commission does not suggest any improper action on the part of the Tennessee Chamber or its members. This memo was not an opinion, but an item for discussion. I think that people who come to the meetings or read the minutes would get a better idea and not prejudge from just reading the memo. I would ask that you encourage people that have questions to call us. We are here to help. "
John Van Mol, CEO of the public relations firm Dye, Van Mol & Lawrence and chairman of the Tennessee Chamber's public affairs committee, is concerned by Androphy's proposed "discussion."
Van Mol told NashvillePost.com that he considers the state's ethics legislation to be "very clear" in its "employer of a lobbyist" exemption for individuals connected to corporations, labor unions, associations or membership organizations. "We would obviously oppose any interpretation that would keep a business person from speaking with his or her legislator simply because he or she was a member of the Tennessee Chamber or any other organization," Van Mol said.
Bolstering Van Mol's opinion is the the stance State Rep. Jason Mumpower (R-Bristol). Mumpower, the newly elected Republican minority leader, was an integral part of shaping this part of the ethics law, which was enacted earlier this year folllowing a special session on ethics called by Governor Phil Bredesen.
"This opinion is contrary to the legislative intent, and is in fact it is my biggest fear come true," Mumpower said in an interview.
Citing the legislative history and debate surrounding the law, Mumpower added that he and colleagues had "worked very hard to make sure that our local community orgainiztions could have contact with their representatives." He likened Androphy's position to "running into the castle and pulling up the ladder."
Mumpower said he meets with chambers of commerce from his district on a regular basis "to update them with whats going on in Nashville." He expressed the concern that the Commission's interpretation will "impact a legislator's ability to meet with community organizations," and he said if that happens, the legislature will revisit the law "to clarify what can and can't be allowed."
The GOP leader said he looks forward to "sitting down with the Commission and sharing with them some issues we discussed during the special session, so they can discover what our true intent was."
The next meeting of the Tennessee Ethics Commission will take place on February 15 at the State Library and Archives.
You must be logged in to comment. If you do not have an account, you can join our esteemed subscribers.