To: Commissioners From: Jonathan Wayne, Executive Director Date: April 11, 2017 Re: Request to Investigate Former State Representative Adam Goode

Commission Meeting: 04/18/2017

STATE OF MAINE Agenda Item #3 COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES 135 STATE HOUSE STATION AUGUSTA, MAINE 04333-0135

Introduction

Former legislators are prohibited from engaging in activities that would require them to register as a lobbyist or lobbyist associate until one year after that person’s term as a Legislator ends. (1 M.R.S.A. § 1024) According to research conducted by the National Conference of State Legislatures, at least 34 states have some sort of “cooling off” period before a Legislator may return to the Legislature to work as a lobbyist.1 These restrictions are sometimes known as “revolving door” statutes. This restriction (enacted in 2013) took effect with Legislators who served in the 127th Legislature, which ended in December 2016.

In Maine, an individual must register as a lobbyist and file monthly reports under the Lobbyist Disclosure Law if he engages in more than 8 hours of paid lobbying for a client in a calendar month. For purposes of this disclosure law, lobbying is narrowly defined to include two types of activities: (1) direct communication with certain covered officials to influence legislation, and (2) preparing testimony, analyses, and legislative proposals to be submitted to covered officials. Some activities that are normally thought of as part of a lobbyist’s work are not within the statutory definition of lobbying (monitoring legislation in committee, communicating with the client, travel to the state house, etc.).

A complaint has been filed against former State Representative Adam Goode, asking the Commission to determine if he engaged in lobbying for the Maine AFL-CIO that would

1 http://www.ncsl.org/research/ethics/50-state-table-revolving-door-prohibitions.aspx require him to register as a lobbyist. Mr. Goode served in the 124th - 127th Legislatures and his final term ended in December 2016.

The Maine AFL-CIO and Mr. Goode jointly respond that, prior to hiring Adam Goode, the Maine AFL-CIO researched the limits of permissible lobbying by a former Legislator so they would know the constraints on Mr. Goode in his first year of employment. After his hiring, they sought advice on what activities constitute lobbying and understood that it would be necessary for Mr. Goode to keep records of his lobbying time (submitted for your consideration). The Maine AFL-CIO and Mr. Goode state that he spent the following time lobbying in the first three months of the year and was not required to register as a lobbyist:

Month Time Lobbying January 33 minutes February 3 hours, 57 minutes March 4 hours, 2 minutes

Legal Requirements

Prohibition during year after Legislator’s final term Beginning with the convening of the 127th Legislature, Maine law prohibits a former Legislator from engaging in activities that would require registration as a lobbyist or lobbyist associate until one year after that person’s term as a Legislator ends. The Commission may undertake an investigation of an alleged violation and assess a penalty of up to $1,000 for an intentional violation. (1 M.R.S.A. § 1024(1) & (3)) The statute does not contain a standard for when to conduct an investigation (such as, “if reasons stated for the request show sufficient grounds for believing that a violation may have occurred,” which is the standard in 21-A M.R.S.A. § 1003(2) for proceeding on a request to investigate a campaign finance violation).

Title 1, Section 1024 became law in 2013, through the enactment of L.D. 184 by the 126th Legislature. Its chief sponsor was Rep. Jarrod S. Crockett. In his written testimony, Rep. Crockett suggested that a Legislator’s acceptance of paid work as a lobbyist immediately after completing his or her final term erodes public confidence and

trust in government. His proposal was to establish a one-year separation between the end of public service and paid employment as a lobbyist.

The original draft of LD 184 was a single sentence in Title 3 (the Lobbyist Disclosure Procedures Law) stating that a person who served as a Legislator may not engage in lobbying for one year after that person’s term as Legislator ends. At the February 20, 2013 public hearing, Rep. Crockett offered a proposed amendment for the Joint Standing Committee on Veterans and Legal Affairs, which contained a number of changes. Under the amendment, the activity to be prohibited was not engaging in lobbying, but “engag[ing] in activities that would require registration as a lobbyist or lobbyist associate.” Rep. Crockett noted in section 4 of his testimony that this meant being compensated for more than 8 hours in a month for purposes of influencing legislation. In case you wish to study these materials, I have attached:

• Rep. Crockett’s original bill (LD 184); • his written testimony in support; • his proposed committee amendment; and • a 3-page report by the committee analyst (noting in a parenthetical comment on page 2 that the prohibition in the original bill was broader than the prohibition in the amendment).

Lobbying definitions For purposes of the Lobbyist Disclosure Procedures Law (which requires registration and monthly reporting by lobbyists), the term lobbyist is defined as any person who is specifically employed by another person for the purpose of and who engages in lobbying in excess of 8 hours in any calendar month, or any individual who, as a regular employee of another person, expends an amount of time in excess of 8 hours in any calendar month in lobbying.

(3 M.R.S.A. § 312-A(10))

“Lobbyist associate” is defined as an individual who A. Is a partner, associate or employee of a lobbyist or is a coemployee of a regular employee of another person if that regular employee is registered as a lobbyist;

B. Lobbies on behalf of the employer named on the lobbyist registration; and C. Expends more than 8 hours in any calendar month lobbying on behalf of an employer of the lobbyist.

(3 M.R.S.A. § 312-A(10-A))

“Lobbying” means: to communicate directly with any official in the legislative branch or any official in the executive branch or with a constitutional officer for the purpose of influencing any legislative action or with the Governor or the Governor's cabinet and staff for the purpose of influencing the approval or veto of a legislative action when reimbursement for expenditures or compensation is made for those activities. "Lobbying" includes the time spent to prepare and submit to the Governor, an official in the legislative branch, an official in the executive branch, a constitutional officer or a legislative committee oral and written proposals for, or testimony or analyses concerning, a legislative action. (3 M.R.S.A. § 312-A(9))

In November 2005, the members of the Commission approved a guidance document concerning which activities qualified as lobbying (attached). This guidance has been relied upon by lobbyists for more than 11 years.

The term “legislative action” is broadly defined and includes drafting, modifying or enacting legislation. (3 M.R.S.A. § 312-A(8), attached)

Lobbyists, lobbyist associates and their employers (clients) are required to jointly register with the Commission under 3 M.R.S.A. § 313. They file monthly reports of their activities as set out in 3 M.R.S.A. § 317.

Request for Investigation by Rep. Sheldon Hanington

In his request for investigation, Rep. Hanington alleges that Mr. Goode has violated 1 M.R.S.A. § 1024 by working as a paid lobbyist for the Maine AFL-CIO. Rep. Hanington cites Mr. Goode’s testimony before four legislative committees and instances in which Mr. Goode acknowledged that he was present in the State House to lobby the Legislature.

Rep. Hanington contends that there is a strong possibility that Mr. Goode lobbied for more than eight hours in a calendar month and should have registered as a lobbyist.

Information available from Legislature’s Website The Maine Legislature posts written testimony received for each bill on its website. The database is searchable by the last name of the witness offering the testimony. The website indicates that Mr. Goode provided testimony on the following bills in the last three months:

# of bills with Specific bills Month written testimony January No written testimony February 4 bills LDs 121, 148, 155, 390 March 5 bills LDs 86, 288, 563, 701, 895

Response by Maine AFL-CIO and Adam Goode

The Maine AFL-CIO and Adam Goode have provided a joint response to Rep. Hanington’s request for investigation, making the following points:

• In late November and December of 2016, the Maine AFL-CIO initiated a hiring process for a new Legislative and Political Director. • When it became known that a former Legislator was applying for the position, the Maine AFL-CIO’s Executive Director, Matt Schlobohm, contacted the Ethics Commission to understand the constraints on lobbying by a former Legislator. He received advice from the Commission’s Assistant Director, Paul Lavin, that the former Legislator would need to keep his lobbying time under eight hours in a calendar month. After Mr. Goode became an employee, Mr. Schlobohm consulted with Mr. Lavin again. That consultation included an email by Mr. Schlobohm on February 27 stating his understanding of the 8-hour limitation, and a March 2 email confirmation from Mr. Lavin. (A fuller description of Mr. Lavin’s guidance is offered below, from the perspective of the Commission staff.) • The Maine AFL-CIO hired Mr. Goode with the understanding that he could not lobby for more than eight hours in a calendar month during the first year of his

employment. The organization advised him that during this year, his lobbying would be shared with the Maine AFL-CIO’s Executive Director. Mr. Goode began his employment as the Legislative and Political Director of the Maine AFL- CIO on January 9, 2017. • According to the Maine AFL-CIO, Mr. Goode has kept meticulous records of his time spent lobbying, which he has submitted for your consideration. • The Maine AFL-CIO explains that some of the testimony submitted by Mr. Goode this year related to topics covered by bills in previous Legislatures. Mr. Goode’s work on that testimony required only cosmetic changes. (The Maine AFL-CIO identified L.D. 563, L.D. 895, and L.D. 956 as examples.) Also, Mr. Schlobohm wrote some of the testimony that Mr. Goode submitted to the Legislature. • The Maine AFL-CIO explains that much of Mr. Goode’s time is spent on work activities that fall outside of the definition of lobbing, such as collaborating with workers and formulating strategies and plans. According to the Maine AFL-CIO, Mr. Goode spent the following time lobbying during the first three months of the year: Month Time lobbying January 33 minutes February 3 hours, 57 minutes March 4 hours, 2 minutes

Advice to Maine AFL-CIO and Adam Goode by the Assistant Director of the Commission On December 15, 2016, Matt Schlobohm, Executive Director of the Maine AFL-CIO, contacted Assistant Director Paul Lavin. Mr. Schlobohm said the Maine AFL-CIO was considering hiring someone to fill a legislative liaison position and one of the candidates was a former Legislator. Mr. Schlobohm said that he was aware of the recent law change regarding the prohibition against a former Legislator registering as lobbyist for a 12- month period after his or her term ends. However, he wanted to obtain guidance from the Commission staff prior to making a hiring decision.

After consulting with Assistant Attorney General Phyllis Gardiner regarding 1 M.R.S.A. § 1024, Mr. Lavin explained to Mr. Schlobohm that the prohibition became effective with members of the 127th Legislature (2015-2016), and that a former Legislator may engage in lobbying activities in the 12 months after his or her term ends, but only if the Legislator is not compensated or does not lobby more than 8 hours in a calendar month.

Mr. Schlobohm consulted with Mr. Lavin again January and February to confirm his understanding of the restriction on lobbying and the types of activities that constitute lobbying. Mr. Schlobohm told Mr. Lavin that the Maine AFL-CIO had hired former Representative Adam Goode. Mr. Lavin recommended that Mr. Goode and the Maine AFL-CIO keep detailed contemporaneous records regarding Mr. Goode’s activities that constitute lobbying in order to document that he stayed under the 8-hour threshold.

Mr. Goode also contacted Mr. Lavin to discuss the restriction on lobbying and to obtain guidance on the types of activities that would count toward the 8-hour threshold triggering the requirement to register as a lobbyist. Mr. Lavin again strongly recommended that Mr. Goode keep detailed records of his lobbying activities. (Mr. Lavin does not have a record of this conversation, but the Maine AFL-CIO and Mr. Goode assert that it took place on January 25, 2017.)

Mr. Lavin let me know about his advice on March 8, 2017, when he forwarded to me his March 2 confirming email to Matt Schlobohm. In my opinion, Mr. Lavin’s role in providing guidance to Mr. Schlobohm was entirely appropriate for an employee of the Commission. In 1 M.R.S.A. § 1024, the Legislature adopted a particular limitation on the amount of lobbying permitted by a former Legislator. People researching this limit should be able to contact the Commission for guidance. Mr. Lavin had no purpose of facilitating the Maine AFL-CIO’s hiring of Adam Goode. Indeed, my understanding is that Mr. Lavin offered Matt Schlobohm a caution that hiring Mr. Goode to lobby could result in criticism of the Maine AFL-CIO.

Staff Comments

My immediate reaction on March 8 of learning that Mr. Goode was lobbying for the Maine AFL-CIO was disappointment, because I could foresee that this employment choice would weaken confidence in the enforceability of the law that had recently taken effect. Around March 8th, our office began receiving informal expressions of concern from Republican Legislators and their staff, and a complaint was ultimately filed.

A decision whether to investigate, however, should be based on an objective assessment of the likelihood that a violation may have occurred based on the preliminary evidence gathered to this point. I recommend weighing the following questions and concerns as you hear from the interested persons at your April 18 meeting:

1) Has Rep. Hanington or any other advocate for an investigation presented reasons to doubt the reliability of Mr. Goode’s time-keeping records? 2) Does it seem likely that further investigation would produce evidence sufficient to conclude that that Mr. Goode exceeded the 8-hour threshold in February or March?2 3) Even if the answer to (2) is unclear, you may determine that an investigation is necessary to reassure the political leaders of the state and the public that the Commission has thoroughly examined a perceived wrong. 4) In general, I recommend also giving some consideration to the impact of an investigation on those being investigated. Investigations are not cost-free. Production of documents can be time-consuming for a small organization, and can divert staff time from the organization’s core work. Responding to agency requests for information can sometimes result in attorney fees (although maybe not in this matter).

As a matter of public policy, my opinion is that Maine’s revolving door restriction on former Legislators could be strengthened if it were amended to prohibit all lobbying by former Legislators in their first year after public service. The goal of the statute –

2 You would control any further investigation into this matter. An investigation could include requests to Mr. Goode or the Maine AFL-CIO for documents relating to the legislation influenced by Mr. Goode, email or other written communications, and interviews of witnesses of Mr. Goode’s lobbying activities.

8 preserving confidence in elected officials and in the integrity of the legislative process – would seem to outweigh any policy rationale for allowing limited lobbying by a former Legislator in their first year. In a later agenda item, I recommend approving a statutory change to move to a complete ban on lobbying during the first year after a Legislator’s term of service.

In this case, however, the Commission only has authority to enforce the law that is currently in effect. The plain meaning of the language in section 1024, as enacted in 2013, is that it prohibits lobbying activity that would require registration, which means compensated lobbying activity in excess of 8 hours per month.

Thank you for your consideration of this memorandum.

Maine Revised Statutes Title 1: GENERAL PROVISIONS Chapter 25: GOVERNMENTAL ETHICS

§1024. WAITING PERIOD BEFORE ENGAGING IN LOBBYING ACTIVITIES

1. Actions precluded. Beginning with the convening of the 127th Legislature, a person who has served as a Legislator may not engage in activities that would require registration as a lobbyist or lobbyist associate as defined by Title 3, section 312-A, subsections 10 and 10-A, respectively, until one year after that person's term as a Legislator ends. This subsection may not be construed to prohibit uncompensated lobbying by a former Legislator during the one-year period following the end of that Legislator's most recent term in office.

[ 2013, c. 129, §2 (NEW) .]

2. Complaints and investigations. A person may file a complaint with the commission specifying an alleged violation of this section. The commission staff shall notify the party against whom the complaint has been filed and may undertake the investigation of the alleged violation if directed by the commission. The commission may direct commission staff to undertake an investigation of an alleged violation of this section on its own motion.

[ 2013, c. 129, §2 (NEW) .]

3. Penalty. A person who intentionally violates this section is subject to a civil penalty not to exceed $1,000, payable to the State and recoverable in a civil action.

[ 2013, c. 129, §2 (NEW) .]

SECTION HISTORY 2013, c. 129, §2 (NEW).

Generated 10.13.2016 | 1

Maine AFL-CIO A Union of Unions Standing for Maine Workers 21 Gabriel Dr., Augusta, ME 04330 / (207) 622-9675

April 7, 2017

Jonathan Wayne Executive Director Maine Commission on Governmental Ethics and Election Practices 135 State House Station Augusta, ME 04333-0135

Dear Mr. Wayne:

We write to provide context, responses and additional information as requested in your March 28, 2017 letter regarding State Representative Sheldon M. Hanington’s request for an investigation into whether Adam Goode has taken actions that would require registering as a lobbyist for the Maine AFL-CIO.

We are in full compliance with the law. We consulted with the Ethics Commission on this issue multiple times to gain clear guidance. We have meticulously tracked Adam’s time and been very careful and deliberate to keep Adam’s lobbying time under eight hours per month, thus staying in full compliance with the law.

Context & Consultation with Maine Ethics Commission: In late November and December of 2016, the Maine AFL-CIO initiated a hiring process for a Legislative and Political Director. Adam Goode was an applicant for that position. When it was clear that a recently termed out legislator was applying for this position, Matt Schlobohm contacted Paul Lavin at the Maine Ethics Commission in mid December 2017 to seek guidance on how we should interpret and comply with the law 1 M.R.S.A 1024(1). Mr. Lavin consulted with the Attorney General’s office and provided us guidance that Adam was prohibited from registering as a lobbyist and needed to keep his lobbying time under eight hours per month. In early January 2017, before Adam started his job at the Maine AFL-CIO, Matt Schlobohm again spoke with Paul Lavin to confirm our understanding of how to comply with this law. In all of those conversations, the guidance relayed was that Adam Goode could engage in lobbying so long as it remained under eight hours per month and thus did not require registration as a lobbyist. This understanding was also confirmed in an attached email exchange with Mr. Lavin. We also had this interpretation confirmed by a lawyer for their sign off.

Our hiring committee discussed this issue with Adam on multiple occasions during interviews and his orientation. Adam’s supervisor, Matt Schlobohm, also talked with him about this issue numerous times both before and after he started working at the Maine AFL-CIO. Organizationally, we were well aware of the law and how to fully comply with it. We were very clear from day one that Adam would always keep his lobbying time under eight hours per month in 2017 and would meticulously track his lobbying time.

On January 25, 2017 Adam Goode called Mr. Lavin to understand exactly what constitutes “lobbying” and to clarify the most appropriate record keeping system to track his lobbying hours and carefully log them.

Employment Status & Role with the Maine AFL-CIO As you requested, we have attached Adam’s written job description. Adam began working as the Legislative and Political Director of the Maine AFL-CIO on January 9, 2017. Adam is a full time, salaried employee at the Maine AFL-CIO. In this professional role, Adam coordinates the Maine AFL-CIO’s legislative, policy and political work at the state, municipal and federal level.

Adam’s time is spent focusing on multiple activities related to coordinating our political work. Those activities include working with workers that comprise all of the local unions that are a part of the Maine AFL-CIO. Adam’s employment to date has focused on the wide range of activities covered in his job description.

Part of Adam’s work involves communicating concerns of workers to elected officials. Other parts of his work include proactive policy development, developing electoral plans, developing the leadership of union members and deeply engaging members and working people in all aspects of the legislative and political process. Organizationally we are very committed to directly involving workers in the work we do. This requires that part of Adam’s workplan be devoted to having many conversations and one on one meetings with workers. Adam spends time supporting and encouraging members to get involved in the legislative and political process and helping members develop the leadership skills to share their concerns with decision makers.

We made it clear to Adam that the first year of this job would be different than subsequent years in order to comply with the law. For the first year, Adam would play a smaller role lobbying at the statehouse. In the first year this work would be shared with Matt Schlobohm, the Maine AFL-CIO Executive Director, and to a smaller extent two additional Maine AFL-CIO staff - in order to be certain to keep Adam’s lobbying hours under eight hours per month.

Testimony Preparation During the 128th Legislature, Adam has drafted testimony, submitted written testimony, edited other staff testimony and presented public testimony on various bills outlined in the attached tracking document. Adam also spent time editing three fact sheets that other individuals have shared with covered officials.

The attached “Lobbying Hours Tracker” for Adam Goode covers his time spent lobbying. There are a few relevant things to note. In some cases bills that we testify on (e.g Revenue sharing testimony, LD 563, LD 895, LD 956, etc) are bills that we have testified on in past years. In these cases, Adam starts with the past year’s testimony and often makes only cosmetic adjustments (LD number, date, committee chairs, etc). Often other staff at the Maine AFL-CIO, such as Matt Schlobohm, will do a first draft of testimony and send it to Adam to edit and present.

Adam’s testimony preparation process can include talking with colleagues at the Maine AFL- CIO, talking with workers who perform jobs that are impacted, reading past testimony, reading factsheets on the issue, typing up 1 page of text and printing 20 copies of the testimony. For policy areas that Adam is already familiar with, this process usually involves looking over past testimony, typing his comments and then printing copies.

Much of Adam’s testimony this year is quite succinct. Our testimony has tended to make the core arguments on the issues and not necessarily include a deep policy or legal dive. It’s also worth noting that Adam has spent time in committees monitoring bills, listening to work sessions or supporting union members who are testifying without spending any time lobbying.

Record-keeping System Adam tracks every Lobbying activity in a spreadsheet. We are sharing that document with the Ethics Commission. This record-keeping system is how Adam has tracked his lobbying time. The document tracks the date, issue/bill, time duration, who was communicated with, method of communication and relevant notes. As the document clearly demonstrates Adam is well under eight hours per month for each month this year. Here are totals for Adam Goode’s monthly lobbying time:

JANUARY 2017: 33 minutes FERUARY 2017: 3 hours, 57 minutes MARCH 2017: 4 hours, 2 minutes

Conclusion: We are in full compliance with this law. We sought guidance from the Ethics commission, verified that interpretation by additional legal counsel and have very meticulously tracked Adam’s time. As documented in the attached spreadsheet, Adam’s lobbying time is well under eight hours per month.

Attached to this letter please find:  Adam Goode’s Lobbying Hours Record-keeping spreadsheet  A copy of Adam’s Maine AFL-CIO Job Description  A copy of email correspondence with Paul Lavin regarding guidance on how to comply with this law.

We look forward to working with the Commission are we are happy to provide any additional information.

Sincerely,

Adam Goode, Legislative & Political Director

Matt Schlobohm, Executive Director

Lobbying Hours Tracker - Adam Goode Date Issue/Bill Time Who How Notes

1/11/17 Min Wage/Tipped Subminimum Wage 5 mins Rep. Alley Phone 1/25/17 Constitutional Convention 8 mins Rep. Stanley Phone

1/26/17 Min Wage/Tipped Subminimum Wage 15 mins Zieglar, Melaragno, Brooks, Rykerson, Ackley In Person Min Wage/Subminimum Wage meeting Sheats, Tipping, Cooper, C. Madigan, 1/27/17 invite by emails 5 mins Rykerson, Ackley Email

JANUARY TOTAL 33 minutes

2/1/17 Right to Work bills (referencing) 2 mins Fecteau Phone 2/1/17 Minimum Wage 5 mins Herbig, Golden, Jackson In Person 2/1/17 Draft testimony on LD 67 25 min LCRED 2/2/17 Minimum Wage 5 mins Ackley, Alley Phone 2/3/17 Minimum Wage 5 mins Mike Sylvester request In Person Just handed in to committee clerk; no 2/3/17 Delivered/Submitted testimony on LD 67 5 mins LCRED oral testimony. Updating/Prep testimony - revenue sharing Updated from past Maine AFL-CIO 2/6/17 in LD 390 10 mins AFA Committee revenue sharing testimony. Testifying on Revenue Sharing in State 2/6/17 budget (LD 390) 5 mins AFA and TAX Committees In Person 2/7/17 Right to Work bills conversations 15 mins Woodsome, Cyrway, Katz, Dow In Person 2/8/17 Min Wage/Q.4 5 mins Gideon, Herbig, Golden, Jackson In Person Chipman, Berry, Rykerson, Reckitt, Tippng, 2/9/17 Invites to 2/16 Min Wage briefing 15 mins Perry, Martin, Alley. Phone Matt Schlobohm edited/revised 2/13/17 Drafting LD 155 and LD 121 Testimony 25 mins VLA testimony 2/10/17 Question 2 conversation 5 mins Rep. Janice Cooper In Person Voicemail for Rep. Dick Campbell on LD 2/14/17 148 1 min Rep. Dick Campbell Phone

Drafting testimony on Downeast 2/14/17 Correctional Facility in budget - LD 390 20 mins Delivering testimony on Downeast 2/15/17 Correctional Facility in LD 390 5 min AFA, CJPS, VLA In Person Date Issue/Bill Time Who How Notes Handed testimony to clerk; did not 2/15/17 Submitting LD 155 and LD 121 testimony 5 min VLA Committee In Person testify.

Turnout calls, turnout text & in person Turnout calls to Rep. Alley & Devin. Text Rep. 2/16/17 turnout conversation for min wage briefing 8 mins Hubbell. Asked Denno to attend in person In Person

2/16/17 Read in advance & Testify on LD 148 15 mins LCRED Committee In Person Matt Schlobohm drafted testimony IBEW 1837 provided first draft of testimony; used that for our testimony; Matt S. edited/revised 2/22/17 Drafting 229 testimony 15 mins EUT Committee testimony Edit Maine AFL-CIO LD 487 testimony & LD Matt Schlobohm did first draft & 2/24/17 466 testimony 15 mins testified on both bills

2/24/17 Edit bill fact sheets for Labor Lobby day 15 min. Called Rep. Danny Martin LD 652, 2/27/2017 Perscription Drug Pricing 5 mins Rep. Danny Martin Phone 2/27/2017 Min Wage/Tipped Submin. Wage 5 mins Rep. Alley In Person 2/28/2017 Texted Fecteau About 3/9 Schedule 1 min LCRED Phone

FEBRUARY TOTAL: 3 hours 57 minutes

3/2/2017 Min Wage/ Tipped Submin. Wage 3 mins Rep Spear 3/2/2017 LD 148 Dumbwaiters 15 mins Attended LCRED Democratic Caucus In Person 3/2/2017 Min Wage/Tipped Submin Wage 5 mins Rep. Cathy Nadeau In Person 3/2/2017 Dumbwaiters LD 148 5 mins Rep. Ryan Fecteau In Person 3/2/2017 LD 288 Bettyann Sheats 2 min Bettyann Sheats Email 3/6/17 LD 652 Drug Pricing 2 mins Danny Martin Phone 3/7/17 Drafting LD 288 testimony 25 mins State and Local Government Committee Matt S. edited 3/8/2017 Testifying on LD 288 5 mins State and Local Government Committee In Person LD 487 Work session preparation 3/8/17 conversation 5 mins John Schneck In Person Conversation responding to question regarding Maine AFL-CIO position on LD 3/8/17 313 2 min Shenna Bellows In Person Voicemails, text re: timing of LD 652 public 3/10/17 hearing 5 min. Rep. Hymanson, HHS Clerk Phone, text Date Issue/Bill Time Who How Notes Maine AFL-CIO President Cynthia Phinney edited and deliver testimony 3/15/17 First Draft LD 714 Testimony 20 mins before VLA

Asked Fay, Martin, Nadeau, Perry, Dunphy and Blume to sign on to LR 2090/LD 1117, minimum wage study bill. Talked to Cardone, 3/16/17 LD 1117 request to cosponsor 35 mins Hymanson, Spear, Denno with no asks. In Person LD 288 follow up on work session discussion, minimum Wage, LD 133, Right 3/17/17 to Work 8 mins Rep. Sheats Phone 3/20/17 Long Creek and DCF in budget 5 mins Rep. Reckitt In Person 3/21/17 Drafting testimony for LD 701 & LD 86 45 mins LCRED This consisted of updating testimony from identical bill/testimony in past 3/21/17 Updating testimony on LD 563 10 mins LCRED session

Consisted of updating testimony from almost identical bill from past session. 3/21/17 Updating past testimony for LD 895 10 mins. SLG Just updated the testimony 3/22/17 Testify on LD 895, 563, 701, 86 25 mins LCRED and SLG In Person Testimony virtually identical to LD 895; Update LD 956 Testimony for Maine AFL- testimony edited and delivered by 3/24/17 CIO President 10 mins SLG Cynthia Phinney

MARCH TOTAL 4 hours 2 minutes

Phone call with questions about Revenue 4/3/17 Sharing bills 10 mins Ryan Tipping Phone JOB DESCRIPTION: MAINE AFL-CIO Legislative & Political Director

The Maine AFL-CIO Legislative and Political Director works to build a workers’ movement to improve the lives of working people by coordinating the Maine AFL-CIO’s legislative, policy and political work at the state, municipal and federal level. The Director works on our state legislative agenda, coordinates year round policy development in support of affiliates and working people, develops and executes political and electoral plans, develops the leadership and deeply engages union members and working people in all aspects of the legislative and political process, and works with staff and members to run people powered issue and political campaigns.

Description of Duties

• Coordinates the Maine AFL-CIO’s state legislative program. This includes working the Statehouse, monitoring bills, developing policy, testifying before various committees, engaging legislators and always engaging and developing the leadership of union members and allies in the process.

• Coordinates the Maine AFL-CIO’s overall political and electoral program. This includes developing and implementing political plans, using a data driven approach to win campaigns, engaging union members and allies in electoral programs, coordinating voter contact field programs, overseeing field staff, coordinating necessary training, developing campaign materials (scripts, message documents, educational materials), etc.

• Works with Maine AFL-CIO staff and affiliates to develop policy year round to improve the lives of working people and support affiliates.

• Works with Maine AFL-CIO staff and affiliates to develop worker/member driven education and field campaigns to support legislative, issue and political work.

• Works to link policy development, legislative work and politics to union organizing, non- traditional worker organizing, contract campaigns and affiliate issue campaigns.

• Works with Maine AFL-CIO staff and affiliates to coordinate municipal and federal legislative work.

• Works with data in the LAN and VAN to inform and implement legislative, electoral and issue campaigns.

• Works with Maine AFL-CIO staff, affiliates and leaders to build a volunteer and member driven people powered political program that seeks to increase participation and leadership of union members and allies.

• Works with Communications staff to push issues into the press and social media and to coordinate the development of the Maine AFL-CIO’s annual Working Families Legislative Scorecard.

• Works with staff and leaders to coordinate the Maine AFL-CIO candidate endorsement process on state and federal races.

• Works closely with appropriate coalitions and allies on legislative, issue and political work.

• Supports Maine AFL-CIO staff and affiliates in recruiting, training and developing union members and progressive allies to run for elected office. Helps support Maine AFL-CIO’s annual Worker Candidate Training.

• Works together with Maine AFL-CIO staff on aspects of organizational development, fundraising, organizational conventions, campaigns, projects, trainings and meetings and other duties as assigned.

Supervision: The Legislative and Political Director works under the direct supervision of the Maine AFL-CIO Executive Director.

Qualifications and Skills

• At least three - five years of legislative, lobbying and policy development experience.

• At least three - five years of experience in elections with progressive candidates, campaigns, unions or organizations.

• Legal and policy knowledge, including ability to analyze bills, develop legislation, etc.

• Knowledge of and experience with the labor movement, local unions, union leaders and union members.

• Ideally union organizing or community organizing experience.

• A strong commitment to leadership development and directly involving members and working people in all aspects of this work.

• A clear commitment to an anti-oppression analysis and practice that connects workers rights and economic justice struggles to related struggles for racial, gender and environmental justice.

• Experience and competency with VAN/LAN systems and how to use data to develop and support legislative, electoral and issue campaigns.

• Strong computer skills are required: database/spreadsheet, email, internet, word processing, etc.

• Strong writing, research, communication & listening skills.

• Demonstrated ability to relate to and work with diverse groups of people.

• Ability to work independently within the context of a plan.

• Effective time management skills, including prioritizing and managing multiple tasks, and demonstrated experience in developing personal work plans and goals.

• Excellent written and verbal communication skills.

• Demonstrated ability to build teams and work effectively in a team environment in both a lead and a support role.

• Ability to travel on a regular basis.

• This is a full time position and will sometimes require long hours and weekend work based on the legislative and electoral schedule and Maine AFL-CIO workplan.

From: Lavin, Paul To: "Matt Schlobohm" Subject: RE: Guidance Date: Thursday, March 02, 2017 5:40:00 PM

Hi Matt,

I think you’ve accurately re-stated my interpretation of the provision that prohibits a former Legislator from registering as a lobbyist for one year after his or her term of service ends. Let me know if you have any other questions.

Paul

Paul Lavin Assistant Director Maine Ethics Commission Office: 45 Memorial Circle Mailing address: 135 State House Station Augusta, Maine 04333-0135 207-287-3024 [email protected]

From: Matt Schlobohm [mailto:[email protected]] Sent: Monday, February 27, 2017 10:16 AM To: Lavin, Paul Subject: Guidance

Hi Paul, This is a follow up from our conversation from early January 2017 and from this morning. As you know, Adam Goode is now an employee of the Maine AFL-CIO. I wanted to confirm that it is your interpretation that a former legislator, such as Adam, who has been out of office for less than one year, may be engaged in work at the Statehouse and be compliant with the statute below so long as they stay under the 8 hour per month lobbyist registration trigger.

As I understand it your interpretation and guidance is that the phrase in statute highlighted & underlined just below means that Adam could be engaged at the Legislature and following the law so long as he does not reach the eight hour per month lobbying threshold which would "require registration as a lobbyist."

"a person who has served as a Legislator may not engage in activities that would require registration as a lobbyist or lobbyist associate as defined by Title 3, section 312-A, subsections 10 and 10-A, respectively, until one year after that person's term as a Legislator ends."

Please confirm that I am understanding our conversation and your guidance correctly.

Based on this guidance we intend to have Adam be engaged at the Legislature, to track his time very carefully and meticulously, and to make sure that he always stays under the eight hour per month level so that we are following the law.

Thank you.

Best, Matt

Title 1: GENERAL PROVISIONS Chapter 25: GOVERNMENTAL ETHICS Subchapter 2: LEGISLATIVE ETHICS §1051 §1024. Waiting period before engaging in lobbying activities 1. Actions precluded. Beginning with the convening of the 127th Legislature, a person who has served as a Legislator may not engage in activities that would require registration as a lobbyist or lobbyist associate as defined by Title 3, section 312-A, subsections 10 and 10-A, respectively, until one year after that person's term as a Legislator ends. This subsection may not be construed to prohibit uncompensated lobbying by a former Legislator during the one- year period following the end of that Legislator's most recent term in office. [ 2013, c. 129, §2 (NEW) .]

3. Penalty. A person who intentionally violates this section is subject to a civil penalty not to exceed $1,000, payable to the State and recoverable in a civil action. [ 2013, c. 129, §2 (NEW) .] SECTION HISTORY 2013, c. 129, §2 (NEW).

-- Matt Schlobohm Maine AFL-CIO PH: 207.622.9675 x16 Cell: 207.576.3572

Maine Revised Statutes Title 3: LEGISLATURE Chapter15: LOBBYIST DISCLOSURE PROCEDURES

§312-A. DEFINITIONS

As used in this chapter, unless the context otherwise indicates, the following words have the following meanings. [1983, c. 160, §1 (NEW).] 1. Campaign fund raising activity. "Campaign fund raising activity" means any event or solicitation by letter or any other means that is held for the purpose of receiving contributions for a political party, political committee, political action committee, candidate for political office in any primary or election, any elected official or a referendum committee. [ 1993, c. 446, Pt. A, §1 (AMD); 1993, c. 446, Pt. A, §20 (AFF) .] 1-A. Campaign contribution. "Campaign contribution" is a contribution, as defined in Title 21-A, section 1012, subsection 2. [ 1993, c. 446, Pt. A, §2 (NEW) .] 2. Committee. "Committee" means any committee, subcommittee, joint or select committee of the Legislature or any special committee or commission, by whatever name, established by the Legislature to make recommendations for legislative action or to develop legislation. [ 1983, c. 160, §1 (NEW) .] 2-A. Commission. "Commission" means the Commission on Governmental Ethics and Election Practices as defined in Title 1, chapter 25. [ 1993, c. 446, Pt. B, §1 (NEW) .] 3. Communicate. "Communicate" means the act of expressing, imparting or conveying information or impressions from one person to another, by either oral or written means. [ 1983, c. 160, §1 (NEW) .] 4. Compensation. "Compensation" means anything of value that is received or to be received in return for, or in connection with, services rendered or to be rendered. [ 1993, c. 446, Pt. A, §3 (AMD) .] 4-A. Covered official. "Covered official" means an official in the executive branch, an official in the legislative branch, a constitutional officer, the Governor and the Governor's cabinet and staff. [ 2007, c. 630, §1 (NEW) .] 4-B. Domestic partner. "Domestic partner" means the partner of an individual who: A. Is a mentally competent adult as is the individual; [2007, c. 630, §2 (NEW).] B. Has been legally domiciled with the individual for at least 12 months; [2007, c. 630, §2 (NEW).] C. Is not legally married to or legally separated from another individual; [2007, c. 630, §2 (NEW).]

Generated 10.13.2016 | 1 MRS Title 3 §312-A. DEFINITIONS

D. Is the sole partner of the individual and expects to remain so; and [2007, c. 630, §2 (NEW).] E. Is jointly responsible with the individual for each other's common welfare as evidenced by joint living arrangements, joint financial arrangements or joint ownership of real or personal property. [2007, c. 630, §2 (NEW).] [ 2007, c. 630, §2 (NEW) .] 5. Employer. "Employer" means a person who agrees to reimburse for expenditures or to compensate a person who in return agrees to provide services. Employer includes any political action committee as defined in this section which communicates through or uses the services of a lobbyist to make campaign contributions or to influence in any way the political process. [ 1983, c. 160, §1 (NEW) .] 6. Employment. "Employment" means an agreement to provide services in exchange for compensation or reimbursement of expenditures. [ 1983, c. 160, §1 (NEW) .] 7. Expenditure. "Expenditure" means anything of value or any contract, promise or agreement to transfer anything of value, whether or not legally enforceable. A. [1993, c. 691, §4 (RP).] B. [2007, c. 630, §3 (RP).] C. [2007, c. 630, §3 (RP).] [ 2007, c. 630, §3 (AMD) .] 7-A. Immediate family. "Immediate family" means a person's spouse or domestic partner and dependent children. [ 2007, c. 630, §4 (AMD) .] 7-B. Indirect lobbying. "Indirect lobbying" means to communicate with members of the general public to solicit them to communicate directly with any covered official for the purpose of influencing legislative action, other than legislation that is before the Legislature as a result of a direct initiative in accordance with the Constitution of Maine, Article IV, Part Third, Section 18, when that solicitation is made by: A. A broadcast, cable or satellite transmission; [2009, c. 282, §1 (NEW).] B. A communication delivered by print media; or [2009, c. 282, §1 (NEW).] C. A letter or other written communication delivered by mail or by comparable delivery service. E-mail is not considered a letter for the purposes of this paragraph. [2009, c. 282, §1 (NEW).] [ 2009, c. 282, §1 (NEW) .] 8. Legislative action. "Legislative action" means the drafting, introduction, consideration, modification, enactment or defeat of any bill, resolution, amendment, report, nomination or other matter by the Legislature, by either the House of Representatives or the Senate, any committee or an official in the Legislative Branch acting in his official capacity, or action of the Governor in approving or vetoing any legislative document presented to the Governor for his approval. [ 1983, c. 160, §1 (NEW) .]

Generated | 2 10.13.2016 MRS Title 3 §312-A. DEFINITIONS

8-A. Legislative designee. "Legislative designee" means any employee of a state department or agency who is directed by the head of the department or agency to lobby or monitor legislation on behalf of the department or agency. "Legislative designee" includes an employee who is reasonably expected to lobby or monitor legislation on behalf of the department or agency for more than 20 hours during the session. For the purposes of this subsection, "monitoring legislation" means attending legislative hearings and sessions regarding a legislative action. [ 2007, c. 630, §5 (NEW) .] 9. Lobbying. "Lobbying" means to communicate directly with any official in the legislative branch or any official in the executive branch or with a constitutional officer for the purpose of influencing any legislative action or with the Governor or the Governor's cabinet and staff for the purpose of influencing the approval or veto of a legislative action when reimbursement for expenditures or compensation is made for those activities. "Lobbying" includes the time spent to prepare and submit to the Governor, an official in the legislative branch, an official in the executive branch, a constitutional officer or a legislative committee oral and written proposals for, or testimony or analyses concerning, a legislative action. "Lobbying" does not include time spent by any person providing information to or participating in a subcommittee, stakeholder group, task force or other work group regarding a legislative action by the appointment or at the request of the Governor, a Legislator or legislative committee, a constitutional officer, a state agency commissioner or the chair of a state board or commission. [ 2007, c. 630, §6 (AMD) .] 10. Lobbyist. "Lobbyist" means any person who is specifically employed by another person for the purpose of and who engages in lobbying in excess of 8 hours in any calendar month, or any individual who, as a regular employee of another person, expends an amount of time in excess of 8 hours in any calendar month in lobbying. "Lobbyist" does not include a lobbyist associate. "Lobbyist" does not include an individual who receives no compensation for lobbying other than reimbursement for lobbying-related travel within the State and reimbursement for other out-of-pocket expenditures made by the individual for printing, postage and food and lodging connected with lobbying activities paid for by the individual. For the purposes of this subsection, "reimbursement for other out-of-pocket expenditures" does not include reimbursement for the individual's time spent lobbying that would have been otherwise compensated by an employer or in the course of the individual's employment. [ 2009, c. 234, §1 (AMD) .] 10-A. Lobbyist associate. "Lobbyist associate" means an individual who: A. Is a partner, associate or employee of a lobbyist or is a coemployee of a regular employee of another person if that regular employee is registered as a lobbyist; [1993, c. 691, §6 (NEW).] B. Lobbies on behalf of the employer named on the lobbyist registration; and [1993, c. 691, §6 (NEW).] C. Expends more than 8 hours in any calendar month lobbying on behalf of an employer of the lobbyist. [1993, c. 691, §6 (NEW).] [ 1993, c. 691, §6 (RPR) .]

Generated 10.13.2016 | 3 MRS Title 3 §312-A. DEFINITIONS

10-B. Media outlet. "Media outlet" means a radio or television station, a cable television system, newspapers, magazines and other published written materials. [ 1993, c. 446, Pt. A, §7 (NEW) .] 10-C. Official in the executive branch. "Official in the executive branch" means an individual in a major policy-influencing position in a department or agency listed in section 959 or in Title 5, chapter 71 and the Governor's cabinet and staff. As used in this chapter, "major policy-influencing position" means those positions listed in Title 5, chapter 71 and officers or employees of departments and agencies listed in section 959 and in Title 5, chapter 71 who have policy development as a major function of their positions. [ 2007, c. 630, §7 (AMD) .] 11. Official in the Legislative Branch. "Official in the Legislative Branch" means a member, member-elect, candidate for or officer of the Legislature or an employee of the Legislature. [ 1983, c. 160, §1 (NEW) .] 11-A. Original source. "Original source" means any person who contributes or pays $1,000 or more in any lobbying year directly or indirectly to any employer of a lobbyist for purposes of lobbying or indirect lobbying, except that contributions of membership dues to nonprofit corporations formed under Title 13-B, under any equivalent state law or by legislative enactment are not considered contributions by an original source. [ 2009, c. 282, §2 (AMD) .] 12. Person. "Person" means an individual, corporation, proprietorship, joint stock company, business trust, syndicate, association, professional association, labor union, firm, partnership, club or other organization, whether profit or nonprofit, or any municipality or quasi-municipality or group of persons acting in concert, but does not include this State or any other agency of this State. [ 1993, c. 691, §8 (AMD) .] 13. Political Action Committee. "Political Action Committee" includes: A. Any separate or segregated fund established by any corporation, membership organization, cooperative or labor organization whose purpose is to influence the outcome of an election, including a candidate or question; and [1983, c. 160, §1 (NEW).] B. Any person, as defined in subsection 12 which serves as a funding and transfer mechanism and by which moneys are expended to advance, promote, defeat, influence in any way, or initiate a candidate, campaign, political party, referendum or initiated petition in this State. [1983, c. 160, §1 (NEW).] [ 1983, c. 160, §1 (NEW) .] 14. Reimbursement. "Reimbursement" means anything of value received or to be received as repayment for expenditures. [ 1993, c. 446, Pt. A, §9 (AMD) .] 14-A. Solicit. "Solicit" means to entreat, implore, urge or ask. [ 2009, c. 282, §3 (NEW) .]

Generated | 4 10.13.2016 MRS Title 3 §312-A. DEFINITIONS

15. Year. "Year" means a 12-month period starting December 1st and ending the following November 30th. [ 1993, c. 446, Pt. A, §9 (AMD) .] 16. Anything of value. "Anything of value" means, but is not limited to: A. Negotiable items: (1) Money; (2) A bank bill or note; (3) A stock, bond, note or other investment interest in an entity; (4) A promissory note, bill of exchange, order, draft, warrant, check or bond given for the payment of money; (5) An honorarium or compensation for services; (6) The granting of a discount or rebate: (a) Not extended to the public generally; or (b) By a media outlet not extended equally to all candidates for the same office; and (7) The sale or trade of something for reasonable compensation that is not available ordinarily to a member of the public; [1993, c. 446, Pt. A, §10 (NEW); 1993, c. 446, Pt. A, §20 (AFF).] B. Obligations: (1) A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, pledge or transfer of money; (2) A receipt given for the payment of money or other property; (3) A right in action; (4) A promise or offer of employment; and (5) An interest in tangible goods or chattel; [1993, c. 446, Pt. A, §10 (NEW); 1993, c. 446, Pt. A, §20 (AFF).] C. Property. The retail or fair market value, whichever is greater, of: (1) A work of art, an antique or a collectible; (2) An automobile or other means of personal transportation; (3) Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future interest contingent or vested in realty, a leasehold interest or other beneficial interest in realty; and (4) Other tangible goods; and [1993, c. 446, Pt. A, §10 (NEW); 1993, c. 446, Pt. A, §20 (AFF).] D. Other goods or services. The retail or fair market value, whichever is greater, of: (1) The purchase of tickets for an event such as a reception, rally or fund-raising event; (2) A meal or lodging; and

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(3) Any service not extended free of charge to other members of the public. [1993, c. 446, Pt. A, §10 (NEW); 1993, c. 446, Pt. A, §20 (AFF).] [ 1993, c. 446, Pt. A, §10 (NEW); 1993, c. 446, Pt. A, §20 (AFF) .] 17. State employee or state agency employee. "State employee or state agency employee" means employees of the executive branch, the judicial branch, the Department of the Attorney General, the Department of Secretary of State, the Department of the Treasurer and any employee who directly or indirectly represents an entity listed in Title 5, chapter 379. [ 1993, c. 691, §9 (NEW) .] SECTION HISTORY 1983, c. 160, §2 (NEW). 1985, c. 779, §4 (AMD). 1987, c. 816, §KK4 (AMD). 1987, c. 868, §2 (AMD). 1993, c. 446, §§A1-10,B1,2 (AMD). 1993, c. 446, §A20 (AFF). 1993, c. 691, §§4-9 (AMD). 2007, c. 373, §§1, 2 (AMD). 2007, c. 630, §§1-8 (AMD). 2009, c. 234, §1 (AMD). 2009, c. 282, §§1-3 (AMD).

Generated | 6 10.13.2016 STATE OF MAINE COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES 135 State House Station, Augusta, Maine 04333-0135 Tel: (207) 287-4179 Fax: (207) 287-6775 Website: www.maine.gov/ethics

LOBBYING FAQ

The Ethics Commission staff frequently receives questions regarding what kinds of activities constitute “lobbying.” Lobbying is defined by Maine statute (3 M.R.S.A. § 312-A) and generally refers to communicating directly with an official in the Legislature for the purpose of influencing legislative action, including time spent preparing and submitting oral or written proposals, testimony or analysis concerning any legislative action. It also includes communicating with the Governor for the purpose of influencing the approval or veto of a legislative action.

A person has to register as a lobbyist if he or she spends more than 8 hours in any calendar month engaging in lobbying and if that person is compensated by an employer for the time spent lobbying. Activities on the lobbyist’s personal time do not constitute lobbying.

This memo is intended to offer consistent guidance to lobbyists and employers in determining when the 8-hour threshold has been met and what activities must be included in the lobbyist’s monthly reports. The guidance is not binding -- only statutes and rules are legally enforceable -- but it reflects the Commission’s interpretation of the statutes governing lobbying in Maine and may be relied upon by the Commission in considering specific complaints or questions that may arise in the future. In the past, the Commission held a broader interpretation of the law, but has decided that a narrow approach is more appropriate.

All lobbyists and employers are encouraged to read the statute carefully (3 M.R.S.A. §§ 311 – 326), in particular the definitions in §312-A, and to adhere to its provisions. If a lobbyist or employer has questions regarding disclosure procedures, they are urged to contact Commission staff at 287-4179 prior to filing a report.

Does lobbying include… …sitting and waiting for an opportunity to No. Only direct communication is considered lobbying. communicate with Legislators? No. Attending a hearing or work session to monitor the progress …monitoring legislation? of legislation is not lobbying, as long as the lobbyist does not communicate with a Legislator. …travel time to the State House or other event for No. the purpose of communicating with Legislators?

…speaking to a Legislator about general issues of As long as the communication with the Legislator is not intended interest to the employer? to influence the drafting or consideration of a specific legislative action, the communication is not considered lobbying. …educational seminars for Legislators? No, provided the seminar is to educate Legislators about the employer’s business or general issues of interest and not specific legislation as outlined above. …communicating with the employer regarding a If the communication is part of preparing a proposal, testimony, or specific LD? analysis concerning a legislative action, the communication is lobbying. If it is for another purpose (e.g., reporting to the client on the progress of legislation), the communication is not lobbying. …research for a specific LD? Yes, if the research will be used for a proposal, testimony, or analysis concerning a legislative action. Otherwise, the research is not lobbying. …communicating with staff of the Legislature? Yes. If the communication deals with specific matters as outlined above.

CGEEP LOB FAQ (Rev. 11/05)