Current through Register Vol. 39, No. 6, September 16, 2024
A determination as to whether an event qualifies as an
"educational meeting" under
G.S.
138A-32(e)(3)(i) shall be
based upon consideration of the following non-exclusive factors:
(1) Whether the meeting's primary purpose is
to influence a public servant, legislator, or legislative employee with respect
to executive or legislative action or to promote learning for professional
improvement notwithstanding a particular executive or legislative action. In
applying this factor, the following facts shall be considered:
(a) Whether the meeting is directly related
to an upcoming official vote, recommendation, or other action that the public
servant, legislator, or legislative employee may take, such as the discussion
of a legislative or executive proposal or specific concerns with respect to a
matter that would require legislative or executive action to remedy.
(b) Whether the individual or entity hosting
the meeting is attempting to influence particular legislative or executive
action by the public servant, legislator, or legislative employee whose meeting
expenditures will be paid or intends to request such action at the time the
meeting is held.
(c) Whether the
facts otherwise demonstrate that the individual's or entity's purpose in
holding the meeting is to influence legislative or executive action.
(2) The type of individual or
entity holding the meeting. In applying this factor, the following facts shall
be considered:
(a) Whether the individual or
entity is a State agency or governmental entity.
(b) Whether the individual or entity is an
educational institution.
(c)
Whether the individual or entity routinely sponsors meetings with educational
content.
(d) Whether the individual
or entity holding the meeting is a Lobbyist Principal.
(3) Whether the Lobbyist Principal that is
providing the reasonable actual expenditures of the legislator, legislative
employee, or public servant attending the meeting is also the sponsor or
co-sponsor of the meeting.
(4)
Whether the complete agenda of the meeting demonstrates that the meeting's
primary purpose is to promote learning for professional improvement, rather
than influence, a public servant, legislator, or legislative employee with
respect to executive or legislative action. In applying this factor, the
following facts shall be considered:
(a) The
proportion of scheduled events that have a speaker, roundtable discussion, or
other educational content.
(b) The
proportion of scheduled events held in the absence of a meal or
entertainment.
(c) The proportion
of the meeting agenda that includes meals or entertainment provided in
conjunction with formal educational content.
(d) Whether the meeting agenda has a company
or entity-specific focus.
(e)
Whether the meeting would take place regardless of the attendance of the public
servant, legislator, or legislative employee whose meeting expenditures will be
paid.
(f) Whether the speakers or
panel participants at the meeting are associated with the Lobbyist Principal
paying for the meeting expenditures of the public servant, legislator, or
legislative employee, including its registered lobbyist.
(g) Whether the speakers are outside experts
in their field.
(5) The
relationship of the location of the meeting to the meeting's educational
content. In applying this factor, the following facts shall be considered:
(a) Whether the meeting location was selected
in order to make it accessible to all prospective meeting attendees.
(b) Whether the location of the meeting is
integral to the meeting's educational content.
(c) Whether the meeting is sponsored by a
state, national, or international organization for the benefit of its state,
national, or international membership.
(d) Whether the quality of the educational
benefit obtained by the public servant, legislator, or legislative employee is
enhanced by attending the meeting.
(6) Whether the total length of the meeting
is reasonably necessary to fulfilling its educational purpose.
Authority
G.S.
120C-101(a);
120C-303;
138A-10(a)(2);
138A-10(a)(10);
138A-32(e)(3)(i);
Eff. January 1, 2011.
