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Ex-officials take sides in cable fight
from: Knox News

Roles of former Bredesen adviser, deputy gov. questioned

By Tom Humphrey
Thursday, January 24, 2008

NASHVILLE - Former top-level officials of Gov. Phil Bredesen's administration are working for opposing sides in the legislative war between AT&T and the cable television industry, both men declaring that they are not lobbyists.

But the executive director and a lawyer for the Tennessee Ethics Commission say the activities of Dave Cooley, former deputy governor, and Robert Gowan, former senior adviser to Bredesen, raise a question of whether they cross the lobbying line.

Neither Cooley, who is a consultant for AT&T, nor Gowan, a consultant for Comcast Cable, are registered as lobbyists. Both would be covered by a provision of state law that says high-ranking state officials, until one year after they leave their position, are prohibited from lobbying.

Cooley stepped down as deputy governor in December 2006. Gowan left his senior adviser position with the administration on Nov. 16, 2007.

A lobbyist, according to the relevant portion of a definition incorporated into state law, is a person who "directly or indirectly" communicates with a legislator or an officer of the executive branch of state government for the purpose of influencing legislation.

Cooley said that, since "July or August" of last year, he has worked with AT&T "to advise them on their issue" in public relations matters. He does so as head of Cooley Public Strategies, a subsidiary of the Nashville public relations firm McNeeley Pigot & Fox.

His efforts on behalf of AT&T have included telephone conversations with "maybe a dozen" mayors around the state "who are my friends," Cooley said. He declined to name them, but said he did have a face-to-face meeting with Oak Ridge Mayor Tom Beehan.

The two men have been friends for more than 20 years, both said. Beehan is in line to become president of the Tennessee Municipal League, which represents city governments across the state.

Local government officials last year strongly opposed the AT&T legislation, which would allow the company to obtain a statewide cable television franchise. The bill failed, but is back before the Legislature this year for another try.

Reports filed with the Ethics Commission indicate that about $11 million was spent in 2007 lobbying the legislation, with the two sides spending roughly equal amounts.

Bruce Androphy, executive director of the commission, and David Himmelreich, general counsel to the commission, said that Cooley's activities - as described to them by a reporter - raised the question of whether his talks with mayors were an "indirect" communication.

If, hypothetically, Cooley were to argue the merits of the bill, get a mayor's blessing and then urge the mayor to call legislators and urge support of the measure, that could be legally construed as lobbying.

Cooley said that was not the situation and his effort was "getting a read" on how mayors view the issue.

"First of all, I was not retained by AT&T to lobby, so I don't see that as my role," he said. "I feel very comfortable with the notion of having conversations with friends around the state … to talk to them about the issue of bringing competition to communities and breaking up the monopolies that currently exist with cable companies."

Beehan, who said he opposed the original version of the bill but could support it with some proposed revisions, said Cooley "wanted to know where I was" on the issue. There was no attempt to change his mind or urge him to contact legislators on the bill, the mayor said.

"He knows better than that," said Beehan.

Gowan and Meredith Sullivan, a former official and legislative liaison for the state Department of Commerce and Insurance, recently established the Nashville office of Southern Strategy Group, a national lobbying firm.

But the one-year lobbying prohibition does not apply to Sullivan, who held a lower-ranking government position, and she "is the person on the ground," Gowan said. She has registered to lobby for Comcast, he said, while he merely offers some consultation.

"There are things I have been involved in for the last three or four years that can, hopefully, give them some valuable insight," Gowan said.

Gowan said he does not talk with legislators or anyone in the administration as a lobbyist, but does have discussions with Sullivan and Comcast officials.

Himmelreich said that, as with Cooley, the situation raises a question about an "indirect" communication.

If Gowan were to give Sullivan or a Comcast executive specific instructions on what to say to a legislator to influence a vote, that could arguably amount to lobbying, he said, but not if discussions were of a general nature.

Himmelreich and Androphy said a definitive answer to such questions would require more detailed facts and, ultimately, would be up to the full Ethics Commission. The commission can issue advisory opinions on whether a given situation would violate state ethics law and both men said the matter could warrant study by the panel.

Bredesen has taken no position on the AT&T bill, but said recently that he may do so in the near future.

Bob Corney, who resigned as communications director for the governor's office recently, has gone to work for Vox Global Mandate, an international public affairs firm with AT&T as its primary Tennessee client.

Bredesen said in a recent interview that he saw no ethical conflict with Corney becoming involved with AT&T. Once Corney told administration officials of his plans "some time ago," the governor said, Corney was excluded from any meetings that touched upon issues involving AT&T.

Tom Humphrey may be reached at 615-242-7782.