The County Clerk is the administrator of his office, as well as those of the Supreme Court and the Commissioner of Jurors. He is a State official and it is often necessary for him and his employees to communicate with legislators and other State officials concerning proposed legislation dealing with the agency over which the County Clerk has jurisdiction.
The question presented to the Commission is whether the Regulation of Lobbying Act of 1977 (hereinafter referred to as the Act) applies to the County Clerk and his employees when they are acting in their official capacity on behalf of their agency concerning legislative matters.
Under Section 12(a) 2 of the Act, the County Clerk and those acting under his jurisdiction would be exempt from the provisions of the law. The statute specifically states that the provisions of the Act shall not apply to "The state of New York, or any officer, employee, counsel, or agent of the state, when acting in such official capacity;".
Although the requested opinion involved a County Clerk, it is equally applicable to all officers, employees, counsel, or agents of the State while acting in their official capacity since communications with various legislators and State agencies are often required in the proper administration of public office.
APPROVED BY COMMISSION: OCTOBER 6, 1978
CONCURRING: CHAIRMAN S. STANLEY KREUTZER, VICE CHAIRMAN OWEN McGIVERN, MARGARET C. ANDRONACO, D. CLINTON DOMINICK, DANIEL GUTMAN, and DAVID C. TAIT./S/