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River Birch6/15/2005
ould ordinarily give deference because of their greater experience with this provision and its application.
Even more troublesome is the portion of the report disposing of Robin's contractual designation as an independent contractor, which ordinarily would place the company into the second category of compensated lobbyist, rather than employee lobbyist. The majority opinion, in effect, collapses both definitions in the statute into one by concluding that anyone who is hired to do lobbying is an employee. This is stated without citation to any jurisprudential authority and without examining any of the factual circumstances that generally are applied to distinguish these two categories. It seems obvious that the legislature differentiated between the two definitions in recognition of the fact that, as a matter of law and in many contexts, there can be very different legal connotations and consequences, depending on whether a person is an employee or an independent contractor. See, e.g., Cador v. Neal's Cypress Inn, 02-1976 (La.App. 1st Cir.8/20/03), 859 So.2d 165, writ denied, 03-2657 (La.12/12/03), 860 So.2d 1160 (workers' compensation context); Civil Service Com'n of City of New Orleans v. City of New Orleans, 02-1812 (La.9/9/03), 854 So.2d 322 (civil service context); Ruiz v. Oniate, 97-2412 (La.5/19/98), 713 So.2d 442 (medical malpractice context). This court should avoid straying into such risky territory in order to reach a conclusion that is not even necessary to the ultimate resolution of the issue before us.
Therefore, I respectfully concur in the result only.
KUHN, J., concurring.
The facts of this case demonstrate compellingly that the legislature needs to vigorously revise the applicable statutes governing lobbying activities. The potential for serious abuse justifies full and complete disclosure of all representative relationships.
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