Montclair State University

On-line Ethics Training: Attendance at Events

More information can be found in the relevant section of The Plain Language Ethics Guide, and the full text of the Commission’s attendance rules can be found at N.J.A.C. 19:61-6.1 et seq. Because the rules have changed since this module was created, be sure to read about Serving in a Scholarly Capacity when reviewing this module.

Under State rules, an “event” is defined as a meeting, conference, seminar, speaking engagement, training course, groundbreaking, ribbon cutting, open house, cocktail party, or fundraiser that takes place away from the work location. Attendance at such an event becomes an issue when:

• the event is sponsored or co-sponsored by a source other than the State government, and

• the invitation to the event is extended to a State official because of his/her official position

Attendance at such an event must receive prior written approval from your ethics liaison officer. Two questions must be asked before approval is granted:

• Is a legitimate State purpose served by the State official’s attendance at the event?

• Who is the sponsor?

There are two categories of sponsors: interested parties and entities other than interested parties. An interested party is:

• any person, or employee, representative, or agent thereof who is or may reasonably be anticipated to be subject to the regulatory, licensing, or supervisory authority of the State official’s agency;

• any supplier, or employee, representative, or agent thereof;

• any organization that advocates or represents the positions of its members to the State official’s agency; or

• any organization a majority of whose members are as described in the three bullets above.

If the event is sponsored by an interested party, the State official or the State must pay the expenses associated with attending the event. Neither the State nor the State official may receive a direct or indirect benefit from any other source. There are exceptions to this rule:

• events designed to provide training, dissemination of information, or exchange of ideas;

• making a speech, participating in a panel or as an accompanying resource person;

• the benefit must be identical to that provided to other speakers or panel participants; and

• the situation cannot create an actual conflict or appearance of a conflict.

Approvals under the exception must be forwarded to the Commission, and State officials still cannot accept an honorarium or entertainment collateral to the event.

Reimbursement or payments of travel expenses for out-of-state travel not paid by the State are limited to $500 unless specific exceptions apply. The $500 limit does not apply if reimbursement/payment is made by:

• a non-profit organization in which the State agency holds membership;

• a non-profit organization that does not contract with any State agency or the Federal government; or

• an agency of another State, or two or more States, or any political subdivision of another state.

When the sponsor of an event is an entity other than an interested party:

• the State may pay,

• a State official may accept direct/indirect benefits, but

• a State official may not accept entertainment collateral to the event, and

• a State official may not accept an honorarium.

The rules on reimbursement or payments of travel expenses are the same as when the sponsor is an interested party.

If the sponsor is an entity other than an interested party, it is not necessary to forward approvals to the Commission.

A State official shall not permit the use of his or her official title for the purpose of fundraising for a private organization. A State official may use "The Honorable," however, and may fundraise in a private capacity.