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]>
Cc: [email-masked]
Date: Thu, 6 Nov 2008 19:00:14 -0500

I've received feedback from the majority of Board members indicating no
objections to option 2. We will finalize the code based on this feedback.

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
>