Over the past week I wrote a couple of articles looking at spending by lobbyists and on lobbyists when it comes to the West Virginia Legislature.

I think I was fair in both pieces. The goal wasn’t to cast aspersions on any particular lobbyist or even say their actions were bad. It was merely an act of simple transparency for you, the reader.

Lobbyists can get a bad rap sometimes. There are certainly some incidents, both in West Virginia and nationally, that have garnered negative headlines over the years. The Jack Abramoff scandal that saw former Republican Ohio Congressman Bob Ney go to jail is one example. Another is the recent convictions of lobbyist Matt Borges and former House Speaker Larry Householder in a bribery scheme funded by FirstEnergy Corp.

However, those examples are the exceptions, not the rule. Lobbyists are an important part of the sausage-making process that is legislating and governing.

Let’s make one thing clear: Everyone is a lobbyist. If you’ve ever called, written, emailed, direct messaged or visited a lawmaker or government officials to advocate for or against a bill or measure, then you have engaged in lobbyist activities. At the end of the day, that is all lobbying really is: advocating before lawmakers for or against something.

But of course, there are differences between citizen lobbyists and professional lobbyists who represent companies, trade organizations, non-profits, unions, etc. These groups must register as lobbyists with the West Virginia Ethics Commission.

State law defines a lobbyist as “any individual employed by a lobbying firm or who is otherwise employed or contracts for economic consideration…to communicate directly or through his or her agents with any elective state official, agency official or legislative official for the purpose of promoting, advocating, opposing or otherwise attempting to influence: (i) The passage or defeat or the executive approval or veto of any legislation which may be considered by the Legislature of this state; or (ii) The adoption or rejection of any rule, legislative rule, standard, rate, fee or other delegated legislative or quasi legislative action to be taken or withheld by any executive department​.”

The Ethics Commission publishes updated lists of lobbyists and who they lobby for. They also publish lobbyist expense reports, which include the events they pay for, any dinners or gifts, and any other expenses. This transparency is vital for keeping everyone honest and accountable.

I’m not the biggest believer that the spending by lobbyists on lawmakers or officials necessarily results in actions in favor of their clients. Much like campaign donations, spending usually by lobbyists for special interests typically follows a lawmaker who is already like-minded.

It’s less about trying to get something done that would likely be done anyway and more about trying to keep a special interest’s special interest at the top of the mind of the lawmaker. With the legislative session only 60 days, it’s easy to get bogged down while spinning multiple plates. But the transparency I talk about above is needed to ensure that everyone is acting on the up-and-up.

Now that state agencies and local governments are required to submit their lobbying contracts to the Ethics Commission, that also provides an additional level of transparency, especially since these lobbyists are paid for by you, the taxpayer. And you should be asking some serious questions about whether your county governments and publicly funded universities should be paying tens of thousands of dollars on lobbying contracts.

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The lobbyist directory on the Ethics Commission website also is interesting for who is not there: Caiden Cowger.

Cowger is the president of the Family Policy Council of West Virginia, taking over for previous president Allen Whitt. But while Whitt was a registered lobbyist with the Ethics Commission, Cowger is not.

This fact becomes more problematic considering that at least for the last two legislative sessions Cowger has been a notable presence, including appearing to act as a volunteer staff member for several state senators, including state senators Robert Karnes, R-Randolph, and Mike Stuart, R-Kanawha.

In fact, the Facebook page for the Family Policy Council has multiple posts earlier this year advocating for Senate Bill 546 (whose lead sponsor was Stuart) that added certain compounds, including xylazine, to the state’s controlled substance list. However you feel about the bill, which is now law, is it appropriate for someone to be lobbying for the bill and working out of a senator’s office, but not being a registered lobbyist?

The Senate Clerk’s Office told me a while back that Cowger is not a paid staff member, either on the full-time staff or the per-diem staff hired specifically for the legislative session. I emailed Karnes in March asking about whether Cowger was working out of his office and what Cowger’s role was, but I never received a response.