Virginia Lobbyist Standards of Professional Practice and Competency

The Virginia General Assembly consists of part-time citizen legislators and is supported only by a small administrative staff (usually only one person). The Division of Legislative Services, located at the state capitol, consisting of a moderate-sized group of highly-skilled legislative attorneys, drafts proposed legislation and provides general subject matter guidance on legislative issues to the General Assembly when it is in session or for special off-session meetings.

Lobbyists play a necessary and critical role in the effective, efficient and economical functioning of the Virginia General Assembly by providing professional expertise and information on a wide variety of subject areas that would not otherwise be available unless the General Assembly were to employ a much larger, costly full-time professional staff that frequently is required to support full-time legislative bodies. Consequently, it is important that lobbyists at the Virginia General Assembly be not only highly-skilled and -knowledgeable professionals, but they also are fair, trustworthy, and discreet individuals.

The VAPL Code of Ethics

I pledge to promote excellence in my own ethical behavior and that of other legislative advocates:

BY abiding by both the letter and spirit of ethics and campaign finance laws, regulations, and judicial decrees. I will comply with the registration, filing and disclosure requirements of the Virginia General Assembly and all state agencies. I will not take any action which is known or should be known to violate a law or regulation.

BY promising to tell the truth when communicating with a public official, legislative tribunal, employer, client, media, or professional colleagues. I will deal in accurate, current and factual information and will not engage in misrepresentation of any nature. I will build a reputation for credibility and dependability.

BY acquiring enough knowledge of public policy issues to be able to fairly present all points of view. I will give legislators both sides of an issue.

BY notifying my clients when a conflict of interest exists or may arise. I will be responsible for avoiding any act which may result in a conflict of interest.

BY protecting confidences, not only those of my employer or client, but also of elected and appointed officials and professional colleagues. I will never, directly or indirectly, compromise an official or colleague.

BY maintaining relationships with public officials and candidates in such a manner as to avoid any impropriety or appearance of impropriety. I will treat public officials, colleagues, all other individuals, and government itself, with the highest respect.

BY becoming familiar with the rules, procedures and standards of government agencies with whom I work.

BY conducting business with the sensitivity needed to adhere not just to legal proscriptions, but also to contemporary standards of morality, which can be more restrictive.

BY conducting myself so as not to bring discredit to the profession, government or individual colleagues.

Virginia Lobbyist Standards of Professional Practice and Competency
(Draft proposal subject to approval by the VAPL membership)

Preamble: Above all else are truth and trust: the true coin of the realm for any lobbyist is the value of his/her good name and word.

Where state and local legislatures consist of part-time citizen members—as is the case with those legislative bodies in the Commonwealth of Virginia—the role assumed by the lobbyist is critical to the efficiency, effectiveness and fairness of the legislative process; consequently, lobbyists have a special responsibility for the highest standards of professionalism; legal and ethical conduct; business practices; duties to clients, the Commonwealth, and the general public; professional relationships; confidentiality; and professional competency, as well as the avoidance of conflicts of interest.

Article I—Professionalism
A. Lobbyists shall conduct all lobbying activities fairly, honestly, and professionally.

B. Lobbyists shall have a basic understanding of the legislative and administrative governmental processes of Virginia, the Code of Virginia and the Virginia Administrative Code, and such specialized knowledge as required to serve his/her client/employer in a competent and professional manner.

Article II—Legal and Ethical Obligations
A. Lobbyists shall be truthful in communicating with legislators, public officials, other lobbyists, and other contacts and shall seek to provide factually correct, accurate, and up-to-date information.

B. When a lobbyist determines that he/she has provided a legislator, public official, or any other person with factually inaccurate information of a relevant, significant, and material nature, he/she shall promptly provide the requisite factually accurate information to that person or persons.

C. When a lobbyist learns of a material change in information that he/she has provided previously to a legislator, public official, or any other person, and that information has thus become inaccurate, and he/she shall immediately provide to that person the accurate and up-to-date information.

D. Lobbyists shall be familiar with Virginia laws and regulations governing the lobbying profession and shall not engage in any violation of those laws and regulations.

E. Lobbyists shall not knowingly cause a public official or any other person to violate any law or regulation applicable to that person.

Article III—Business Practices
A. Advertising and Solicitation:
While lobbyists may advertise their services in a respectful and honest manner, no lobbyist shall attempt to solicit the business clients/employers of another lobbyist and may accept clients/employers of another lobbyist only when directly solicited by that client/employer.

B. Compensation, Expenses and Engagement Terms:
An independent lobbyist retained by a client shall have a written agreement with the client specifying the terms and conditions for the lobbyist’s services and the basis for and amount of compensation and expenses.

C. Contracts for Lobbying Services:
Pursuant to §2.2-432 of the Code of Virginia, a lobbyist shall not participate in a contract for services under which compensation is contingent upon the achievement of any particular legislative or executive outcome.

D. Political and Electoral Activities:
In conducting any political campaign activities, including political action committee-related work and electoral activities, a lobbyist shall comply fully with all campaign finance and election laws of the Commonwealth of Virginia.

E. Restrictions on Employment of Lobbyists:
Pursuant to § 2.2-435 of the Code of Virginia, no person shall be employed by a principal as a lobbyist who is a chairman or any full-time paid employee of a Virginia state political party, as defined in § 2.2-101, or a member of his/her immediate family, as defined in § 2.2-3101.

Article IV—Unethical Practices While Conducting Lobbying Activities
It shall be unethical for lobbyists to engage in any the following practices while lobbying state governmental officials or employees in the Commonwealth of Virginia:

A. Initiating or encouraging the introduction of legislation for the purpose of opposing such legislation.

B. Engaging in, counseling, or knowingly misleading any person to engage in fraudulent or unlawful conduct.

C. Engaging in lobbying without being properly registered as a lobbyist in Virginia.

D. Requesting a Virginia state official or employee to promote to a potential client the lobbying services of the lobbyist or any other lobbyist.

E. Making or facilitating the making of any loan of money, goods, or services to a Virginia state governmental official or employee, except in the ordinary course of business.

F. Knowingly concealing the identity of a lobbying client from a Virginia state governmental official or employee.

G. Making a gift that has been solicited in violation of the Code of Virginia.

H. Knowingly making to a Virginia state governmental official or employee a statement of material fact relating to a specific lobbying activity that the lobbyist knows to be false.

Article V—A Lobbyists Duties to
A. Clients
Lobbyists shall vigorously and diligently advance and advocate their client’s/employer’s interests by:

1. devoting adequate time, attention, and resources to the client’s/employer’s interests,

2. exercising loyalty and dedication to the client’s/employer’s interests, and

3. keeping the client/employer informed regarding the work he/she is undertaking, and, to the extent practicable, give the client the opportunity to chose among various options and strategies.

B. The Commonwealth and Its Elected and Appointed Officials
Lobbyists shall demonstrate proper respect for the governmental institutions of the Commonwealth before which the lobbyist represents and advocates the client’s/employers interests by acting in a manner that shows respect for governmental institutions and that will encourage public confidence and trust in the governmental processes and procedures of the Commonwealth.

Article VI—Relationships with Other Professionals
Lobbyists shall treat others—both allies and adversaries—with civility and respect.

Article VII—Confidentiality
Lobbyists shall maintain appropriate confidentiality of client/employer information by not:

1. disclosing confidential information without the client’s/employer’s informed consent, and

2. using confidential information against the interests of the client/employer or for any purpose not contemplated by the engagement or terms of employment.

Article VIII—Conflicts of Interest
A. Lobbyists shall disclose all potential conflicts of interest to prospective clients/employers and promptly discuss and resolve all conflict issues.

B. Lobbyists shall not undertake or continue representations that may create conflicts of interest without the informed consent of clients/employers or potential clients/employers.

C. Lobbyists shall avoid advocating a position on an issue if he/she is also representing another client/employer with a conflicting position on that same issue.

D. When a lobbyist’s work on an issue for one client/employer may have a significant adverse impact on another client’s/employer’s interests, he/she shall notify and obtain consent from the other client/employer whose interest may be affected by this fact even if the lobbyist is not representing the other client/employer on the same issue.

E. Lobbyists shall inform clients/employers if any other person is receiving direct or indirect referral or consulting fees from him/her because of or in connection with the client’s/employer’s work and the amount of such fee or payment.

Article IX—Competency
Lobbyists shall maintain their knowledge of governmental process and procedures and specialized knowledge though appropriate methods, such as seminars, continuing study, or other equivalent training so that they are able to represent clients and employers in a competent and professional manner.

Article X—Public Education
Lobbyists shall seek to ensure better public understanding and appreciation of governmental institutions, processes, and procedures and the importance of the right under the First Amendment to the U. S. Constitution to “petition the government for redress of grievances.”

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