Subject: Re: code of conduct revisions
From: "Cassandra Butts" <[email-masked]>
To: [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], "Bauer, Bob (Perkins Coie)" <[email-masked]>, [email-masked], "Adam Hitchcock" <[email-masked]>
Date: Fri, 7 Nov 2008 00:04:59 -0500

For your review, please find attached the final code of ethical conduct for
the Transition.

On Thu, Nov 6, 2008 at 12:57 PM, Cassandra Butts
<[email-masked]>wrote:

> Per our discussion on the last Board call, we have two options to share
> with you regarding the treatment of lobbyists during the transition process.
>
>
> The first option involves a 12-month substantive look back period that
> would prohibit someone who has been a federally-registered lobbyist over the
> past 12 months from working in the subject-matter area on which they have
> lobbied. The subject-matter area is broadly defined as any particular
> matter, field of policy, or agency. In addition, this option would require
> deregistration before joining the Transition.
>
> The second option involves a similar 12-month substantive look back period,
> but would prohibit federally-registered lobbyist from engaging in any
> lobbying activity during the period of their involvement in the Transition
> rather than requiring deregistration.
>
> While both options create substantial restrictions on lobbyist involvement
> in the Transition that would be consistent with President-elect Obama's
> stated commitment during the campaign, several concerns have been raised by
> our lawyers regarding the deregistration requirement. In short, they have
> argued that a two-month deregistration requirement, following which any
> number will promptly re-register, seems dodgy, hard to defend in the press
> and doesn't address the conflict of interest concern. In addition, the
> deregistration process is cumbersome to the point that any deregistration
> would not be immediately accessible to the public. As such, any enterprising
> reporter seeking to confirm registration status would not be able to confirm
> a deregistration.
>
> Based on the above, I recommend that the Board approve the second option.
> The attached document includes a draft of the code of conduct with the
> second option outlined in paragraph 3. Please review and share your
> feedback. We would like to finalize this document by the end of the day in
> order to begin the process of fully vetting staff and volunteers to the
> Transition.
>
> Best,
> Cassandra
>