Arizona State Retirement System Policy Gifts, Gratuities, Conferences
Arizona State Retirement System Policy Gifts, Gratuities, Conferences
Purpose: To establish agency policy for Staff, while representing the ASRS, on gifts and gratuities; and on attending non-state or non-ASRS sponsored conferences, seminars, and training or other business related events for professional development and/or the effective oversight or management of the agency. The policy helps ensure that Staff: 1) comply with applicable standards, laws and regulations; 2) present a positive image; and 3) is at the forefront on issues and trends related to investment management, organization & management, pension fund administration and other business and legal aspects of the ASRS. Authority: Laws relating to the acceptance of gifts and or gratuities contained in A.R.S. § 38-444 and A.R.S. § 38-504 (C), Arizona Administrative Code R2-5-501. Laws relating to Professional Development and Continuing Education contained in A.R.S. § 38715(D) and the Annual Appropriation Bill. The ADOA travel policy. Policy Exceptions: The Agency Director/Acting Director and Deputy Director have the authority to make exceptions to this policy on a case by case basis as warranted by the circumstances and if beneficial to the ASRS. Any request for exceptions should be in writing and communicated to the ASRS Manager of Procurement. The Agency Director has delegated the responsibility of further interpretation to the ASRS Manager of Procurement. Policy Amendments: The Agency Director/Acting Director and Deputy Director have the authority to amend this policy as necessary. Definitions: A Gift is any commodity, discount, entertainment, service, training, transportation, lodging, meal, or registration fee given to Staff with no expectation of something in return. Gifts are not acceptable and staff should avoid accepting even minimal gifts such as pens, calendars, shirts, hats, etc. A Gratuity is any commodity, discount, entertainment, loan, service, training, transportation, lodging, meal, or registration fee given to Staff that increases the likelihood the giver will receive some tangible benefit either in the short or long term. Gratuities, as defined, are not acceptable under any circumstances.
Name of Policy – Gifts Gratuities Conferences Date: 05/23/06 Revised: 10/16/06, 12/26/06, 06/13/07, 07/08/10, 08/16/10, 08/12/10
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Policy: The ASRS will promote and support the professional development and continuing education of the ASRS Staff by facilitating their participation and attendance at selected conferences, training and seminars relating to: Investment Management, Organization and Management, Pension or Benefit Administration, Finance, Budget, Accounting and Auditing, Other business and legal aspects of the ASRS. When air travel is required to an event, Staff must travel Economy Class unless a medical circumstance requires otherwise, or the traveler pays for the upgrade from their personal funds, or air miles. With manager approval, Staff may use annual leave to extend their stay related to a conference or event. Any cost associated with the extended stay, such as difference in cost of air travel or hotel will be assumed by the traveler. Staff are responsible for maintaining the integrity of both the ASRS and the State of Arizona. As a result, no Staff of the ASRS is permitted to: 1. Use his or her official position or attendance at a conference, seminar or training for personal gain. 2. Solicit or accept gifts, gratuities, or favors. 3. Permit himself or herself to be placed under any kind of personal obligation that could lead a person to expect official favors. Prohibitions in this policy are in effect any time Staff is on official business for the ASRS or State of Arizona. Responsibility: The ASRS Director, Deputy Director, and Chief Investment Officer will notify ASRS Management Support Services (MSS) of his/her attendance at non-state or non-ASRS sponsored conferences, seminars or training or other business related events. Assistant Directors will obtain permission of the Deputy Director or Director. All other staff will obtain permission of the appropriate Assistant Director or the Chief Investment Officer. All requests should be reviewed within the context of existing budget appropriations and constraints. MSS will make arrangements for all agency out-of-state travel. MSS will prepare an out-of-state travel report to be included in the monthly Board packet. At least 30 days prior to the event, when practicable, it is the responsibility of Staff to fill out the Travel Approval/Justification form for all out-of-state travel and for all in-state conferences. Staff shall obtain the signature of their assistant director, and submit the form to the Management Name of Policy – Gifts Gratuities Conferences Date: 05/23/06 Revised: 10/16/06, 12/26/06, 06/13/07, 07/08/10, 08/16/10, 08/12/10
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Support Services (MSS) team. Training for specific positions or continuing education held within the state will not require completion of the form. MSS will process all out-of-state travel and will document that proper notification, review and approval were obtained, both internally and, when required, through the Arizona Department of Administration, for attendance or participation at non-state or non-ASRS sponsored conferences, seminars and training. Documentation of the approval process will be retained as part of the travel file. It is the responsibility of each staff person to obtain permission from their manager and assistant director to attend training, professional development or continuing education within the state. The staff person is also responsible for their own in-state registration and in-state travel arrangements.
Policy Guidelines Acceptable: ASRS paid attendance, registration, transportation, meals, lodging, at a conference, seminar, training or meeting if attendance at the conference, seminar, training or meeting is a benefit to the ASRS or enhances the performance of official duties. The employee may participate in a group activity open to all attendees of the conference, seminar, training or meeting if included in the registration fee.
ASRS paid attendance and/or complimentary registration, transportation, meals, lodging at a conference, seminar, training or meeting if a Staff member is a speaker or participant and no conflict exists in the relationship between the sponsoring entity and the ASRS. The employee may participate in a group activity open to all attendees of the conference, seminar, training or meeting if included in the registration fee. Attendance at the conference must be a benefit to the ASRS or enhance the performance of official duties.
Complimentary attendance, registration, transportation, meals, lodging, or a group activity which is open to all participants at the conference, seminar, training or meeting, if the complimentary attendance is paid by an entity with no past, present or potential contracts with the ASRS. Attendance at the conference must be a benefit to the ASRS or enhance the performance of official duties.
If the ASRS employee is a member of a board or advisory council or in a capacity of influence with a particular investment entity, and the business meeting is held as a lunch or dinner, the employee may attend and often should attend as a fulfillment of their fiduciary responsibility in that capacity.
Meals at a conference that are underwritten by an entity other than the conference organizer if the meal is listed on the conference agenda and the sponsorship of such meal does not appear to influence ASRS decision making.
Conference, seminar or training by contractors when the ASRS has executed a contract with the vendor and the training/seminar/conference costs are included in the contract fee.
Conference, seminar or training event activities if the activity is included and available to each participant.
Name of Policy – Gifts Gratuities Conferences Date: 05/23/06 Revised: 10/16/06, 12/26/06, 06/13/07, 07/08/10, 08/16/10, 08/12/10
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Not Acceptable: Alcoholic beverages shall not be accepted or consumed by staff of the ASRS while representing the ASRS to external entities at conferences, normal business activities, seminars, etc. All ASRS employees are also subject to the following section of the ADOA personnel rules: Standards of Conduct R2-5-501 - An employee shall not: Engage in ... other activity that is not compatible with the full and proper discharge of the duties and responsibilities of state employment, or that tends to impair the employee's capacity to perform the employee's duties and responsibilities in an acceptable manner...." These prohibited activities include:
Meals paid for by another party, except for those listed in the Acceptable section above.
Nothing shall be accepted from a company responding to or likely to respond to an active solicitation until all contracts are awarded, even if the item in question is listed in the acceptable section above.
Gifts, regardless of value. Gifts will be returned to the sender if practicable and there is no expense to the state for the return. If not practicable to return the gift, it will be given to charity or if it is perishable, will be placed in the Members Services Center waiting room for the enjoyment of members who come into the office. Notice will also be sent to the providing vendor asking them not to persist in sending gifts.
Any gift sent directly to an employee’s home or accepted by a member of the employee’s family.
Tickets or other passes to entertainment activities such as sporting events, concerts, etc., unless part of a conference agenda and included in the conference fee for all attendees.
Gifts offered solely because of a person’s ASRS affiliation.
Vendor training not related to the vendor’s contracted product or service that may be construed as solicitous.
Loans other than those made through channels available to all consumers.
Because a state agency only has the power granted to it by statute, the ASRS does not have the authority to accept gifts (e.g. software). Examples of state agencies that have statutory authority to accept gifts include Department of Administration, Parks and Recreation, School for the Deaf and Blind and the Historical Society.
The Arizona Constitution, Article 9, Section 7 prohibits the State from giving or loaning its credit in aid of or by donation, subsidy or otherwise to any individual, association or corporation. The Attorney General’s Office has held that this constitutional provision prohibits the state and agencies from “endorsing” i.e. lending the credit of its name.
Violations of this policy are subject to review by the ASRS Director after consultation with the ASRS Manager of Procurement.
Name of Policy – Gifts Gratuities Conferences Date: 05/23/06 Revised: 10/16/06, 12/26/06, 06/13/07, 07/08/10, 08/16/10, 08/12/10
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Travel Approval/Justification (Sample; Original found in the templates) To be completed for all ASRS related travel regardless of the source of payment. Name of Requester: Dates of Travel: Name of Event Sponsor: Type of Event (check one) Meeting or similar function that relates to the employee’s official duties. Examples: conferences, seminars, speaking engagements, etc. Training Consultant, etc. Due Diligence Other - please explain:
Names of other staff attending:
Do you expect the cost of this event to exceed $5,000? Estimated cost: Location (please name the location) In State
Out of State
Out of Country
How will event, travel and accommodations be paid for? (Examples: ASRS, Vendor, Conference Sponsor)
If paid by vendor or conference sponsor, describe any business or potential business relationship they may have with the ASRS.
Explain the benefit of attendance to the Agency. (Examples: update on procurement policies, update on investment strategies, training on modern accounting principles.)
Signature of Requester: Assistant Director Approval: Budget Approval Executive Officer Approval:
Purpose: To establish agency policy for Staff, while representing the ASRS, on gifts and gratuities; and on attending non-state or non-ASRS sponsored conferences, seminars, and training or other business related events for professional development and/or the effective oversight or management of the agency. The policy helps ensure that Staff: 1) comply with applicable standards, laws and regulations; 2) present a positive image; and 3) is at the forefront on issues and trends related to investment management, organization & management, pension fund administration and other business and legal aspects of the ASRS. Authority: Laws relating to the acceptance of gifts and or gratuities contained in A.R.S. § 38-444 and A.R.S. § 38-504 (C), Arizona Administrative Code R2-5-501. Laws relating to Professional Development and Continuing Education contained in A.R.S. § 38715(D) and the Annual Appropriation Bill. The ADOA travel policy. Policy Exceptions: The Agency Director/Acting Director and Deputy Director have the authority to make exceptions to this policy on a case by case basis as warranted by the circumstances and if beneficial to the ASRS. Any request for exceptions should be in writing and communicated to the ASRS Manager of Procurement. The Agency Director has delegated the responsibility of further interpretation to the ASRS Manager of Procurement. Policy Amendments: The Agency Director/Acting Director and Deputy Director have the authority to amend this policy as necessary. Definitions: A Gift is any commodity, discount, entertainment, service, training, transportation, lodging, meal, or registration fee given to Staff with no expectation of something in return. Gifts are not acceptable and staff should avoid accepting even minimal gifts such as pens, calendars, shirts, hats, etc. A Gratuity is any commodity, discount, entertainment, loan, service, training, transportation, lodging, meal, or registration fee given to Staff that increases the likelihood the giver will receive some tangible benefit either in the short or long term. Gratuities, as defined, are not acceptable under any circumstances.
Name of Policy – Gifts Gratuities Conferences Date: 05/23/06 Revised: 10/16/06, 12/26/06, 06/13/07, 07/08/10, 08/16/10, 08/12/10
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Policy: The ASRS will promote and support the professional development and continuing education of the ASRS Staff by facilitating their participation and attendance at selected conferences, training and seminars relating to: Investment Management, Organization and Management, Pension or Benefit Administration, Finance, Budget, Accounting and Auditing, Other business and legal aspects of the ASRS. When air travel is required to an event, Staff must travel Economy Class unless a medical circumstance requires otherwise, or the traveler pays for the upgrade from their personal funds, or air miles. With manager approval, Staff may use annual leave to extend their stay related to a conference or event. Any cost associated with the extended stay, such as difference in cost of air travel or hotel will be assumed by the traveler. Staff are responsible for maintaining the integrity of both the ASRS and the State of Arizona. As a result, no Staff of the ASRS is permitted to: 1. Use his or her official position or attendance at a conference, seminar or training for personal gain. 2. Solicit or accept gifts, gratuities, or favors. 3. Permit himself or herself to be placed under any kind of personal obligation that could lead a person to expect official favors. Prohibitions in this policy are in effect any time Staff is on official business for the ASRS or State of Arizona. Responsibility: The ASRS Director, Deputy Director, and Chief Investment Officer will notify ASRS Management Support Services (MSS) of his/her attendance at non-state or non-ASRS sponsored conferences, seminars or training or other business related events. Assistant Directors will obtain permission of the Deputy Director or Director. All other staff will obtain permission of the appropriate Assistant Director or the Chief Investment Officer. All requests should be reviewed within the context of existing budget appropriations and constraints. MSS will make arrangements for all agency out-of-state travel. MSS will prepare an out-of-state travel report to be included in the monthly Board packet. At least 30 days prior to the event, when practicable, it is the responsibility of Staff to fill out the Travel Approval/Justification form for all out-of-state travel and for all in-state conferences. Staff shall obtain the signature of their assistant director, and submit the form to the Management Name of Policy – Gifts Gratuities Conferences Date: 05/23/06 Revised: 10/16/06, 12/26/06, 06/13/07, 07/08/10, 08/16/10, 08/12/10
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Support Services (MSS) team. Training for specific positions or continuing education held within the state will not require completion of the form. MSS will process all out-of-state travel and will document that proper notification, review and approval were obtained, both internally and, when required, through the Arizona Department of Administration, for attendance or participation at non-state or non-ASRS sponsored conferences, seminars and training. Documentation of the approval process will be retained as part of the travel file. It is the responsibility of each staff person to obtain permission from their manager and assistant director to attend training, professional development or continuing education within the state. The staff person is also responsible for their own in-state registration and in-state travel arrangements.
Policy Guidelines Acceptable: ASRS paid attendance, registration, transportation, meals, lodging, at a conference, seminar, training or meeting if attendance at the conference, seminar, training or meeting is a benefit to the ASRS or enhances the performance of official duties. The employee may participate in a group activity open to all attendees of the conference, seminar, training or meeting if included in the registration fee.
ASRS paid attendance and/or complimentary registration, transportation, meals, lodging at a conference, seminar, training or meeting if a Staff member is a speaker or participant and no conflict exists in the relationship between the sponsoring entity and the ASRS. The employee may participate in a group activity open to all attendees of the conference, seminar, training or meeting if included in the registration fee. Attendance at the conference must be a benefit to the ASRS or enhance the performance of official duties.
Complimentary attendance, registration, transportation, meals, lodging, or a group activity which is open to all participants at the conference, seminar, training or meeting, if the complimentary attendance is paid by an entity with no past, present or potential contracts with the ASRS. Attendance at the conference must be a benefit to the ASRS or enhance the performance of official duties.
If the ASRS employee is a member of a board or advisory council or in a capacity of influence with a particular investment entity, and the business meeting is held as a lunch or dinner, the employee may attend and often should attend as a fulfillment of their fiduciary responsibility in that capacity.
Meals at a conference that are underwritten by an entity other than the conference organizer if the meal is listed on the conference agenda and the sponsorship of such meal does not appear to influence ASRS decision making.
Conference, seminar or training by contractors when the ASRS has executed a contract with the vendor and the training/seminar/conference costs are included in the contract fee.
Conference, seminar or training event activities if the activity is included and available to each participant.
Name of Policy – Gifts Gratuities Conferences Date: 05/23/06 Revised: 10/16/06, 12/26/06, 06/13/07, 07/08/10, 08/16/10, 08/12/10
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Not Acceptable: Alcoholic beverages shall not be accepted or consumed by staff of the ASRS while representing the ASRS to external entities at conferences, normal business activities, seminars, etc. All ASRS employees are also subject to the following section of the ADOA personnel rules: Standards of Conduct R2-5-501 - An employee shall not: Engage in ... other activity that is not compatible with the full and proper discharge of the duties and responsibilities of state employment, or that tends to impair the employee's capacity to perform the employee's duties and responsibilities in an acceptable manner...." These prohibited activities include:
Meals paid for by another party, except for those listed in the Acceptable section above.
Nothing shall be accepted from a company responding to or likely to respond to an active solicitation until all contracts are awarded, even if the item in question is listed in the acceptable section above.
Gifts, regardless of value. Gifts will be returned to the sender if practicable and there is no expense to the state for the return. If not practicable to return the gift, it will be given to charity or if it is perishable, will be placed in the Members Services Center waiting room for the enjoyment of members who come into the office. Notice will also be sent to the providing vendor asking them not to persist in sending gifts.
Any gift sent directly to an employee’s home or accepted by a member of the employee’s family.
Tickets or other passes to entertainment activities such as sporting events, concerts, etc., unless part of a conference agenda and included in the conference fee for all attendees.
Gifts offered solely because of a person’s ASRS affiliation.
Vendor training not related to the vendor’s contracted product or service that may be construed as solicitous.
Loans other than those made through channels available to all consumers.
Because a state agency only has the power granted to it by statute, the ASRS does not have the authority to accept gifts (e.g. software). Examples of state agencies that have statutory authority to accept gifts include Department of Administration, Parks and Recreation, School for the Deaf and Blind and the Historical Society.
The Arizona Constitution, Article 9, Section 7 prohibits the State from giving or loaning its credit in aid of or by donation, subsidy or otherwise to any individual, association or corporation. The Attorney General’s Office has held that this constitutional provision prohibits the state and agencies from “endorsing” i.e. lending the credit of its name.
Violations of this policy are subject to review by the ASRS Director after consultation with the ASRS Manager of Procurement.
Name of Policy – Gifts Gratuities Conferences Date: 05/23/06 Revised: 10/16/06, 12/26/06, 06/13/07, 07/08/10, 08/16/10, 08/12/10
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Travel Approval/Justification (Sample; Original found in the templates) To be completed for all ASRS related travel regardless of the source of payment. Name of Requester: Dates of Travel: Name of Event Sponsor: Type of Event (check one) Meeting or similar function that relates to the employee’s official duties. Examples: conferences, seminars, speaking engagements, etc. Training Consultant, etc. Due Diligence Other - please explain:
Names of other staff attending:
Do you expect the cost of this event to exceed $5,000? Estimated cost: Location (please name the location) In State
Out of State
Out of Country
How will event, travel and accommodations be paid for? (Examples: ASRS, Vendor, Conference Sponsor)
If paid by vendor or conference sponsor, describe any business or potential business relationship they may have with the ASRS.
Explain the benefit of attendance to the Agency. (Examples: update on procurement policies, update on investment strategies, training on modern accounting principles.)
Signature of Requester: Assistant Director Approval: Budget Approval Executive Officer Approval:
