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1993 Wis Eth Bd 05 - IMPROPER USE OF OFFICE; INFLUENCING OFFICIAL JUDGMENT; LEGISLATORS; REPRESENTATION OF CLIENTS.

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A legislator should not accept payment for consulting work if the legislator’s
firm is being retained because he or she holds a position as a legislator, as
opposed to simply having desirable political experience and insight. §§
19.45(2) and 19.46(1)(b), Wisconsin Statutes.*

Second, a legislator should not accept payments for consulting work if that
employment could reasonably be expected to influence the legislator’s official
judgment or actions. § 19.45(3), Wisconsin Statutes. A legislator’s acceptance
of payments from an organization with a substantial and demonstrated
interest in issues likely to be addressed by Wisconsin's Legislature could
reasonably be expected to affect his or her official judgment and actions in a
manner sympathetic to the client. The standard imposed by the statute is an
objective one. It is not enough that a legislator and his or her client are
philosophically aligned. Rather, the question is whether a reasonable person
would expect that the legislator’s employment would influence his or her
official judgment. For this reason, the Board recommends that a legislator
not accept payments for offering consultation, advice, or strategy on issues if
there is a reasonable possibility that they will be addressed by Wisconsin's
Legislature. OEB 93-5 (February 10, 1993)