NC Ethics Commission says sex between lobbyists, officials isn't reportable

Sex between lobbyists and government officials who are covered under North Carolina’s ethics laws does not constitute a gift that must be listed in disclosure reports, the State Ethics Commission said Friday.

“Consensual sexual relationships do not have monetary value and therefore are not reportable as gifts or ‘reportable expenditures made for lobbying’ for purposes of the lobbying law’s expenditure reporting provisions,” the formal advisory opinion says.

The opinion was in a response to an inquiry from the Secretary of State’s lobbying compliance director, Joal H. Broun, in a letter on Dec. 15.

“You have asked whether consensual ‘sexual favors or sexual acts’ between a lobbyist and a designated individual constitutes a gift or ‘thing of value’ that would trigger the gift ban and reporting requirements,’” the opinion says.

Broun’s request also wanted to know if that activity falls within the definition of “goodwill lobbying,” which is an indirect attempt to influence legislation or executive action, such as the building of relationships, according to state law, and is also considered lobbying.

The seven-member ethics commission says Broun’s letter was “general and largely hypothetical, with little or no supporting facts,” which also limits the commission’s response. But the opinion says sexual behavior would not constitute goodwill lobbying, either.

However, providing a prostitute to a legislator or other covered official would constitute a gift or item of value and would have to be reported on disclosure forms – which, of course, would also be evidence of a crime, the opinion says.

In a footnote, commissioners add: “This interpretation does not address the legal, moral or other ramifications of two adults not married to one another engaging in consensual sexual relations with one another.”

The advisory opinion notes that the Secretary of State waived confidentiality and requested that the opinion be published.

Liz Proctor, a spokeswoman for the office, said a private attorney posed the questions to the lobbying compliance division last year. The Secretary of State’s Office decided to seek clarification from the ethics commission, she said.

Most of what the ethics commission does is confidential, and only disclosed at the request of the party who originates the request for an opinion.

In 2012, the commission investigated two lobbyists who had intimate relationships with top aides to House Speaker Thom Tillis, according to documents The News & Observer obtained at the time. Tillis’ chief of staff resigned and his policy adviser was asked to resign.

A key focus of that investigation, which did not result in any public penalties, was whether the lobbyists provided things of value to the public officials.

This story was originally published February 13, 2015 at 4:51 PM with the headline "NC Ethics Commission says sex between lobbyists, officials isn't reportable."