The Ethics Board advises, consistent with laws it administers, that:

(1) a state agency may use state resources in connection with its
      hosting of a convention of a national organization in Wisconsin;

and

(2) state public officials associated with the agency, and the agency’s
      employees may not, either orally or in writing, personally solicit
      contributions from a lobbyist, an employee of a lobbying
      organization, or an employee of a business or organization that is
      regulated by or does business with the agency.

The Ethics Board advises that a lobbying principal not give or sell its sports
stadium luxury box tickets to an elective state official, candidate for elective
state office, state agency official, or legislative employee.

Each independent chapter of a network of organizations that spends more
than $500 in a year to employ a lobbyist must separately register as a
lobbying principal if its lobbyist makes lobbying communications on at least
five days in a six-month reporting period. If the network (1) has articles or
other written agreement of association; (2) has officers, directors, or others
who jointly direct the association’s activities; and (3) the lobbyist does not
take direction from any one chapter or combination of chapters other than
the association; then the network rather than the individual chapter should
register as a principal.

The Ethics Board advises that an agency official may not accept
compensation, or any other thing of pecuniary value, for serving on the board
of directors of a business corporation that is a wholly-owned subsidiary of
another corporation that is a lobbying principal if the corporate parent
controls the official’s selection to the subsidiary’s board.

The Ethics Board advises that a legislator not accept from a local government
that is a lobbying principal reimbursement of expenses the legislator
incurred in traveling to Washington, D.C. on the local government’s behalf to
meet with the state’s Congressional representatives to lobby for federal
money for a local project.

(November 25, 1997)

The Ethics Board advises:

   (1) that neither the Ethics Code nor lobbying law restrict an individual from
         running for a partisan elective state office nor establishing a personal
         campaign committee for the individual’s candidacy while the individual
         is a full-time appointed state public official;

   (2) that the lobbying law provides that an individual may not solicit or
         accept from a lobbyist or a lobbying principal a contribution for the individual’s
         candidacy for a partisan elective state office except between June
         1 and the day of the general election in the year of the candidate’s
         election;

   (3) that the Ethics Code provides that a state public official may not rely on
         the state’s time, facilities, services, or supplies in soliciting campaign
         contributions;

   (4) that although not compelled by the Ethics Code, a state public official
         should not solicit or accept campaign contributions from individuals,
         businesses, or organizations that (a) are subject to regulation by, or apply
         for contracts with, or grants or loans from, the official’s agency; (b) are
         members of the immediate family of such individuals; or (c) are associated
         with such businesses or organizations as principal shareholders,
         officers, or directors; and

   (5) that although not compelled by the Ethics Code, a full-time appointed
         state public official should not simultaneously hold appointed state public
         office and seek election to a different government position without first
         obtaining the appointing authority’s informed consent that the individual’s
         candidacy will neither unduly affect the performance of official
         duties nor adversely and unduly affect the effectiveness of the individual’s
         agency.

(September 5, 1997)

While serving as a member of Wisconsin’s legislature, a candidate for
Congress may accept a campaign contribution from a lobbyist or lobbying
organization for the purpose of promoting the legislator’s candidacy for
election to Congress only during the year of the Congressional election
between June 1 and the date of the general election and only if the
Wisconsin Legislature has concluded its final floorperiod and is not in
special or extraordinary session.

(September 5, 1997)

The Ethics Board advises:

A lobbying organization may, consistent with the Ethics Code and lobbying
law, furnish food and drink to state officials at a reception if:

   (1) the organization can demonstrate its genuine attempt to attract the general
         public to the reception;

   (2) the reception is open to the public on the same terms it is available to state
         officials without the purpose or effect of the manner of invitation conferring
         an advantage on a state official greater than that available to the general
         public; and

   (3) either: (a) the organization sets and collects from each state official the
         greater of: [i] the established charge or ticket price, if any, charged others for
         the same or comparable benefit , [ii] the organization’s cost of acquiring the
         goods or services the organization provides, or [iii] the market price of the
         recipient’s independently acquiring like benefits; or (b) the reception is
         unrelated to state officials’ discussion of state government processes or
         issues initiated by or affecting state government.

(October 8, 1997)

The Ethics Board advises that:

(1) Both state and local officials may participate in a round-trip train
     excursion that celebrates a lobbying organization’s 10th anniversary;

(2) The lobbying organization should not furnish refreshments to elected
     state officials or to state agency officials whose responsibilities relate to rulemaking;
     and

(3) Local public officials and non-elected state officials whose responsibilities
     do not involve state rule-making may pay for and partake of the food
     and drink that is offered in connection with the proposed event. The official
     should pay the greater of [i] the established charge to others for the
     refreshments, [ii] the organization’s cost of providing the refreshments, or
     [iii] the fair market value of the recipient’s independently acquiring like
     items at a comparable event.

(October 9, 1997)

The Ethics Board advises that:

(1) Wisconsin law requires an officer or member of a union who makes a
       lobbying communication on the union’s behalf on more than four days in
       a reporting period to be licensed and authorized as a lobbyist if the
       union reimburses the member’s employer for the individual’s wages for
       the time spent in lobbying activities; and

(2) the union should include, in its semi-annual report of lobbying
       expenditures, the union’s salary reimbursement for an individual’s time
       spent in lobbying activities, whether or not the individual is a lobbyist.

The Ethics Board advises:

An employee of the Legislature should not solicit lobbyists or lobbying
organizations for contributions to a community organization on whose board
the employee sits. Nor should the employee use the status or prestige of
office to solicit contributions to the organization.

The Ethics Board advises that the lobbying law does not exempt elected
leaders of Wisconsin’s Native American tribes from its registration and
reporting requirements.

The Ethics Board advises that a state agency may accept a grant from a
company that employs a lobbyist for an agency program initiative.

The Ethics Board advises that:

Neither the lobbying law nor Ethics Code will be an obstacle to state officials
taking advantage of the terms of the State of Wisconsin’s agreement with
Microsoft that provides state employees with discounts on the purchase of
computer products for home and personal use.

The Ethics Board advises that a state public official may serve as the
honorary chair of a charitable event sponsored by a lobbying principal for
which the official will receive no compensation and will pay the cost of dinner
and golf.

The Ethics Board advises:

Neither the Ethics Code nor lobbying law appears to restrict a legislator’s
working as a consultant to a company that is a broker-dealer that assists
institutional money managers in identifying investment opportunities.

The Government Accountability Board advises that a judge may not accept, for
participating in a program, an award that is a glass plate on an inscribed base,
valued at $400, which is furnished by an organization that is a lobbying principal.
An appropriate disposition of the award would be donating it to the court system,
through the director of state courts.

The Government Accountability Board advises that the company may not provide
a discount to state or local government officials covered by the Ethics Code or
lobbying law, even if the discount is made available to employees of the
company’s other customers, but may provide a discount if the state or a local
government has negotiated discounts for its employees as part of a contract with
the company.

The Ethics Board advises:

For state and local government officials
Neither a state public official nor a local public official should accept or
purchase a ticket or admission to an event or access to a loge, skybox,
or other premium area unless the official can clearly and convincingly
demonstrate that at least one of these conditions obtains:

     • The ticket, admission, or access is offered for a reason unrelated
          to the official’s holding or having held a public office;

     • The ticket, admission, or access is available to the general public
          on the same terms and conditions as available to the official; or

     • The ticket, admission, or access is without pecuniary value.

In addition, for state officials and organizations that employ
lobbyists

A lobbying principal should not give, sell, or furnish or arrange for
another to give, sell, or furnish to an elected state official, legislative
employee, candidate for state office, or agency official a ticket or
admission to an event or access to a loge, skybox, or other premium
area unless the ticket, admission, or access is available to the general
public on the same terms and conditions or the ticket, admission, or
access is without pecuniary value.

An elected state official, legislative employee, candidate for state office,
or agency official should not accept or purchase from a lobbying principal
a ticket or admission to an event or access to a loge, skybox, or
other premium area unless the ticket, admission, or access is available
to the general public on the same terms and conditions or the ticket,
admission, or access is without pecuniary value.

In addition, for state officials and lobbyists

A lobbyist should not give, sell, or furnish or arrange for another to
give, sell, or furnish to an elected state official, legislative employee,
candidate for state office, or agency official a ticket or admission to an
event or access to a loge, skybox, or other premium area unless the
ticket, admission, or access is without pecuniary value.

An elected state official, legislative employee, candidate for state office,
or agency official should not accept or purchase from a lobbyist a ticket
or admission to an event or access to a loge, skybox, or other premium
area unless the ticket, admission, or access is without pecuniary value.

Limited exception

To the extent that an official's participation in an event is in furtherance
of substantive or ceremonial governmental responsibilities appropriate
to the official's government office so as to be clearly and convincingly
for the benefit primarily of the state or a local government
and any private benefit is merely incidental, then an individual or
organization may provide admission to or accommodation at the event
and a state or local public official may attend the event without
payment or on terms not available to the general public.

The Ethics Board advises:

A legislator is free to commence a lawsuit to challenge the constitutionality of a law
and to seek and retain legal counsel to represent himself or herself.

If a legislator wants to join an existing lawsuit, the Ethics Board recommends that
the legislator direct a letter to the Court asking that he or she be permitted to join
the plaintiffs as a party or as amicus curiae, representing himself or herself.

The Board further advises that a legislator not permit a lobbying organization to
pay or arrange for legal services for the legislator.

A candidate for elective state office may not accept salaried employment from
a principal. Eth. Bd. 621

February 14, 1991

Members of local landfill negotiating committees or other local officials,
whose financial interests are likely to be affected by negotiations concerning
a landfill expansion, should not participate in those negotiations or any
decisions to ratify an agreement reached through those negotiations.
OEB 92-12

January 13, 1992

A candidate for elective state office may not accept anything of pecuniary
value, including salary or wages, from a business or organization that
employs a lobbyist. An individual employed by a principal may, consistent
with statutes administered by the Ethics Board, take a leave of absence from
his or her employment during the candidacy as long as the employer does not
furnish the candidate with any salary or other benefits that had not already
vested in the candidate prior to the candidacy.

[1991 Act 269 amended §13.625, Wisconsin Statutes, to permit a principal
that employs an individual who becomes a candidate for election to a state
office to continue to pay, and the individual to receive, the individual's salary
or wages and employee benefits during the candidacy provided the employer
or candidate can clearly and convincingly demonstrate that the employment
is independent of the candidacy.] OEB 92-14

April 17, 1992

Wisconsin's lobbying law poses no restriction on a lobbyist representing
clients in negotiating a purchase of land to a state agency on a contingency
fee basis unless the matter is associated with adoption, modification, or
repeal of a rule or the Legislature’s consideration of an appropriation
earmarked for the purchase of the land at issue, or an agency’s development
of such a legislative proposal. OEB 92-21

May 12, 1992

The lobbying law is not an impediment to a business' continuing to pay an
elected official a regular salary or wage even if the employer derives a portion
of its income from the provision of professional services to a principal, as long
as the business can clearly and convincingly demonstrate that (1) the
official’s level of compensation is unrelated to the employer's having one or
more principals as clients; (2) the principal's purchase of services is unrelated
to the official’s hiring or continued employment; and (3) in the case of the
official’s provision of professional or technical services of a type customarily
charged on an hourly or project basis, the official does not perform any work
or services specifically for a principal. OEB 92-26

June 29, 1992

The lobbying law prohibits a legislator from selling shares of stocks of a
closely-held corporation to an organization that employs a lobbyist but not to
a corporation owned by an individual who owns other corporations that
employ lobbyists. OEB 92-5

March 24, 1992

An elected state official may not accept a lobbyist's offer to buy stock in a
non-publicly held corporation in which the lobbyist is a major investor.
Eth. Bd. 626

March 8, 1991

You may solicit contributions for a foundation if: (1) you do not invoke the
title or prestige of your office to solicit; (2) you do not rely upon the state's
time, facilities, supplies or services not generally available to all Wisconsin
citizens; (3) any response to your solicitations could not reasonably be
expected to influence your official judgement or be considered a reward for
past actions; and (4) you do not solicit any lobbyist or lobbyist's employer.
Eth. Bd. 640.

February 21, 1991

The lobbying law prohibits a lobbyist from making a campaign contribution
during a prohibited time period if it is from a personal campaign committee
account over which the lobbyist exerts control or which acts at the direction
or as an agent of the lobbyist. Eth. Bd. 682

July 2, 1991

An employee does not violate the so-called "gag" law if he or she communicates
with the legislature in his or her capacity as a union officer.
OEB 92-1

March 24, 1992

A political action committee [PAC] that is not controlled by an organization
employing a lobbyist, either in law or in fact, may, consistent with laws
administered by the Board, make a campaign contribution at any time.

A political action committee controlled, either in law or in fact, by an organization
employing a lobbyist may make a campaign contribution only when
Wisconsin's lobbying laws permit a lobbying principal to contribute directly.
Thus, a PAC controlled by a lobbying principal may contribute to a partisan
elective state official or to a candidate for election to a partisan state office or
to the personal campaign committee of either only in the year of the candidate's
election between June 1 and the the day of the general election (and, in
the case of a candidate for legislative office, only if the legislature has
concluded its final floorperiod, and is not in special or extraordinary session).

Because the Ethics Board has not previously had an opportunity to address
this point, the Board does not intend to prosecute a complaint against any
principal which may, in the past, have made, via a PAC, a campaign contribution
during a period in which the principal could not contribute.
OEB 92-27

July 9, 1992

With respect to a legislator whose company has already entered into a
contract with a lobbying organization:

   (1) The better course would have been that the company not have entered
         into the contract;

   (2) In the future, the legislator should not simultaneously serve in the
         Legislature and enter into a financial relationship with a business or
         organization that pays lobbyists to try to influence state government; and

   (3) Although public policy normally favors a legislator’s voting on all
         matters properly addressed by the Legislature, for the remainder of the
         legislative session the legislator should not participate in discussions or
         votes on proposals that would specifically affect the lobbying organization.

OEB 96-1 (February 22, 1996)

1. The lobbying law does not proscribe an agency official’s membership on a
     lobbying organization’s Board of Directors, or the official’s participation in
     its affairs; and

2. The lobbying law forbids an agency official elected to a lobbying
     organization’s board of directors to accept reimbursement from the
     organization for expenses incurred in attending meetings of the
     organization’s directors because the organization does not reimburse the
     general public for those expenses.

OEB 96-6 (April 12, 1996)

A lobbying organization may, consistent with Wisconsin’s lobbying law, purchase
services from a business wholly owned by a state legislator only if the
organization’s offer to purchase can reasonably be said to be available to the
general public. Even if the organization can demonstrate that its offer to
purchase is available to the general public, the better course would be for the
organization not to engage in business with a company wholly owned by a state
legislator unless the organization is satisfied that its doing so would not
undermine the public’s confidence in the legislator’s financial independence from
the organization. OEB 96-7 (April 25, 1996)

A state agency may solicit donations for the agency’s gifts and grants account
as long as the agency solicits donations only from individuals, businesses,
and organizations that do not do business with the agency, are not regulated
by the agency, and are neither lobbyists nor lobbying principals. The agency
should not use solicited funds for rewarding state public officials. Consistent
with statutes administered by the Ethics Board, the agency may use solicited
funds to reward other employees for exceptional accomplishment or
outstanding performance as long as the use of such funds does not conflict
with applicable collective bargaining agreements or with statutes or rules
administered by the Department of Employment Relations.

OEB 96-14 (August 7, 1996)

A legislator may use a library service offered to legislators by several public
libraries only in connection with his or her legislative duties and
responsibilities.

(June 27, 1997)

An elected state official may accept compensation for participating as a
commentator on state government issues on a weekly television program as
long as the company that owns the television station operates independent of
its corporate parent, which is a lobbying principal. Unless an official has
evidence to the contrary, he or she may rely on the television stations’s representation
that in asking the official to appear on the television program it
has not acted in consultation or cooperation with, or at the request or
suggestion of, the parent company that is a principal. (OEB94-9) October 24,
1994

An individual is a lobbyist if he or she engages in activities that constitute
lobbying under the lobbying law, even if the activities are merely an outgrowth
of legal representation. Lobbying includes attempting to influence or
affect legislation or administrative rules, but does not include attempting to
influence other kinds of agency decisions. Discussions with state agencies
concerning the use of conventional construction bidding as opposed to
privatization for prisons, attempts to get a state agency to make payments
due your client, a conversation with a state agency regarding the effect of a
highway project on your client, contacts regarding a client’s proposal to
design buildings for the State of Wisconsin, and discussions with a state
agency concerning possible investment in a client do not appear to constitute
lobbying and an individual’s pursuit of these activities would not require the
individual to obtain a lobbying license or require the individual’s client to
register as a lobbying principal with the Ethics Board. OEB 93-1 (January
15, 1993)

A legislator may not accept anything of pecuniary value from a lobbying
principal. To the extent that a referendum committee is an intermediary,
agent, or alter ego for a lobbying principal, a legislator should treat the referendum
committee as if it were a lobbying principal and be guided by the
advice given in 1992 Wis Eth Bd 26.

A legislator should not bid or negotiate for, nor should anyone offer him or
her, work on behalf of a referendum committee if it involves a matter on
which the legislator is authorized to take any discretionary action unless the
Legislature has completed its final action on that matter.

Because referenda are part of the work of the Legislature, we recommend
that a legislator not take pay to work on a referendum unless the legislator is
confident that he or she can demonstrate that the employment is unrelated to
being a member of the Legislature and is unlikely to influence the judgment
the legislator exercises as a state official.
OEB 93-4 (February 10, 1993)

A state legislator may accept a campaign contribution from a lobbyist or
lobbying organization for the purpose of promoting his or her candidacy for
federal office only during the year of the election between June 1 and the date
of the general election. OEB 93-9 (November 3, 1993)

A state public official may use his or her official letterhead to solicit contributions
on behalf of a not-for-profit organization with which the official has
no other connection. The solicitation should be structured so that it is evident
that a contribution would be unlikely to influence the official's judgment.
It would be unreasonable for anyone to believe the official's judgment
would be influenced if the identities of who contributes and who does not are
unknown to the official. The solicitation letter may not be sent to lobbyists or
lobbying principals. OEB 94-1 (February 21, 1994)

This is in response to your letter in which you have asked a number of general questions
concerning application of laws administered by the Ethics Board to a 501 (c) (3) or 501
(c) (4) organization. The answers pertain equally to a 501 (c) (3) or 501 (c) (4) organization.

The Ethics Board advises that a legislator may not ask a lobbyist to pass
along information to others about the legislator’s desire for a campaign
contribution except during the time that the legislator may accept a campaign
contribution from a lobbyist. A legislative campaign committee may solicit a
campaign contribution from a lobbyist at any time. A legislative campaign
committee’s employee, not employed by the Legislature, may solicit a campaign
contribution from a lobbyist for a legislative candidate at any time if the
committee is acting independent of the legislator for whose campaign the
contribution is sought. A lobbyist may arrange a fundraising event for a
legislative campaign committee at any time.

The Ethics Board advises that a state official may accept food, drink, and entertainment
from anyone as long as the person extending the invitation is not a lobbyist
or a lobbying principal and the official can demonstrate that the person
made the offer for a reason unrelated to the official’s holding or having held a
government position.

The Ethics Board advises:

1) That the lobbying law does not prohibit an elected state official's
      acceptance of a salary as president of a union paid to the official by a
      business on the union’s behalf, even if the business employs a lobbyist;

2) That the lobbying law does not prohibit the business to pay an official's
      salary related to the official's union duties; and

3) That the business may not pay the official, and the official may not accept,
      a salary for work performed for the business while the business employs a
      lobbyist in Wisconsin.

The Ethics Board advises that:

1. A state public official attending a conference or convention may accept
      educational or informational material or other item for the purpose of
      conveying it to the State of Wisconsin for the use or benefit of a state
      office or agency.

2. Except as just noted, a state public official should not accept from a lobbying
      principal or lobbyist anything of pecuniary value or from anyone else
      any item of more than token value. This is so, regardless of whether the
      official was to retain it or furnish it to another for other than governmental
      use.

3. A state official should not accept, without full payment, a meal or drink
      offered at a conference or convention unless it is provided, arranged, or
      sanctioned by the event’s sponsor.

The Ethics Board advises that a candidate for the Legislature may, consistent
with Wisconsin’s lobbying law:

  (1) remain employed as a lobbyist by the candidate’s employer while a
        candidate for election to the Legislature;

  (2) engage in campaign activities while on paid vacation time, holidays, and
        compensatory time in accordance, and consistent with, the employer’s
        treatment of other employees’ use of leave time; and

  (3) continue, while a candidate and prior to taking office, to receive benefits
        paid in part by the employer consistent with the organization’s policy for
        other employees.

The Ethics Board also advises that upon assuming office, a legislator may no
longer accept compensation or anything else of pecuniary value from the
organization except to the extent that the legislator, as a former employee, may
be contractually entitled to continue to receive benefits from an employment or
union contract that predates the candidacy.

The Ethics Board advises that a member of a state board should either (1) not
accept employment by a business or organization that employs a lobbyist or (2)
notify the board of which the official is a member that the official is withdrawing
from any participation in the modification of the board’s rules.