According to 11 CFR 9409.3 [Title 11 -- Federal Elections; Chapter II -- Election Assistance Commission; Part 9407 -- Implementation of the Government in the Sunshine Act; Part 9409 -- Testimony by Commission Employees Relating to Official Information and Production of Official Records in Legal Proceedings], the term Commission employee or employee means:
“(a) Any current or former officer or employee of the Commission;
(b) Any other individual hired through contractual agreement by or on behalf of the Commission or who has performed or is performing services under an agreement for the Commission; and
(c) Any individual who served or is serving in any consulting or advisory capacity to the Commission, whether formal or informal.
(d) This definition does not include persons who are no longer employed by the Commission and who are retained or hired as expert witnesses or who agree to testify about general matters, matters available to the public, or matters with which they had no specific involvement or responsibility during their employment with the Commission.”