A "Widely Attended Gathering" is a meeting, conference, or other event which is attended by either a large number of people from throughout an industry or profession, or by those representing a wide range of interests. The ethics issue involved concerns those instances when an employee is invited to a Widely Attended Gathering (WAG) and offered free attendance. An offer of free attendance is considered a gift. The WAG exception to the gift prohibition permits free attendance at certain widely attended gatherings. Obtaining permission to accept these gifts protects the employee from possible accusations of accepting inappropriate gifts.
Speaking/Presenting with Free Attendance on Presentation Day
Acceptance of free attendance on the day of the presentation may be permitted when it is provided by the sponsor of the event. The free attendance on the day of the presentation may include a waiver of all or part of the conference or other fee, or the provision of food, refreshments, entertainment, instruction and materials furnished to all attendees as an integral part of the event. It does not include travel expenses, lodgings, entertainment not associated with the gathering, or meals other than those taken in a group setting with all other attendees. This free attendance on the day of an official speech or participation is not considered a gift to the individual or to the agency, and no WAG form is needed. Your IC may require approval via the official duty activity request memo. Free attendance/waived registration fee on other days is a gift and requires approval via the WAG form (available on the Ethics Forms page). Check with your Deputy Ethics Counselor or Ethics Coordinator.
Attendance at Widely Attended Gatherings (Non-speaking events)
Employees may accept an unsolicited gift of free attendance at all or appropriate parts of a widely attended gathering of mutual interest to a number of parties when the DEC determines that the employee's attendance is in the agency's interest because it will further agency programs and operations. See Determination of Agency Interest below. This determination is relevant when the employee is not giving a speech or other presentation at the meeting/gathering.
Under the Widely Attended Gathering determination, free attendance may include a waiver of all or part of the conference or other fee or the provision of food, refreshments, entertainment, instruction and materials furnished to all attendees as an integral part of the event. Free attendance does not include travel expenses, lodgings, entertainment separate from the event, or meals taken other than in a group setting with all other attendees. (These latter expenses might be permitted under other statutory authorities.)
Sponsor Invitations: The free attendance at a widely attended gathering may be permissible when it is being supported by the sponsor of the event. There is no required number of attendees, but it must be 'widely' attended, which means that the attendees represent a diversity of interests. Therefore, private dinner parties of 12 or 15 people would probably not be approved. There is no dollar limit to the market value of the free attendance.
Non-Sponsor Invitations: If someone other than the sponsor invites the employee AND bears the cost of the employee's attendance through a contribution or other payment intended to facilitate that employee's attendance, neither the invitation nor the cost of the employee's attendance are considered to be provided by the sponsor. Rather, in this case, the invitation and cost are considered to be from the entity actually providing the financial support. Payment of dues or a similar assessment to a sponsoring organization does not constitute a payment intended to facilitate the attendance of a particular employee. For invitations from non-sponsors of the event, it must be a large gathering of persons representing a range of interests (usually over 100), and the market value of the free attendance must not exceed $335 (employee plus guest, if invited).
Accompanying Spouse or Other Guest
Sponsor Invitations: When other attendees will generally be accompanied by a spouse or other guest, AND if the invitation for the guest is from the same person who invited the employee, the agency may authorize an employee to accept an unsolicited invitation of free attendance to an accompanying spouse or other guest to participate in all or a portion of the event at which the employee's free attendance is permitted. For invitations from the sponsor of the event, there is no limit on the market value of the free attendance.
Non-Sponsor Invitations: When other attendees will generally be accompanied by a spouse or other guest, AND if the invitation for the guest is from the same person who invited the employee, the agency may authorize an employee to accept an unsolicited invitation of free attendance to an accompanying spouse or other guest to participate in all or a portion of the event at which the employee's free attendance is permitted. For invitations from a non-sponsor, the gift of free attendance is limited to a market value of $335 or less. Market value for non-sponsor support includes the market value of the attendance of the employee, plus the market value of a spouse or other guest. Thus, the total value of the attendance of the employee and the guest must not exceed $335.
Attendance at Activities Collateral to Another Event
Frequently, organizations plan receptions and other events to coincide with professional meetings. In this case, reference is to activities separate from the meeting but being held presumably because all the interested professionals are attending the meeting and available to attend the organization's event. Events which are part of the meeting but supported by other organizations are not considered separate events. For example, the afternoon break may be sponsored by a pharmaceutical company. That is part of the professional meeting, not a separate event. If the same pharmaceutical company held a reception one evening that was not considered part of the professional meeting, e.g., not planned or managed by the organization which planned the professional meeting, an employee needs permission to attend.
There are normally two types of collateral events: 1) all attendees at the meeting are invited to attend a reception, usually in the evening following the meeting events; and 2) only certain attendees are invited. In either case, if the employee knows ahead of time about the extra receptions occurring in conjunction with a professional meeting, the employee must obtain permission to attend each activity via the WAG form. Each event is evaluated individually for appropriateness and agency interest. The limited attendance events may be more difficult to permit attendance, especially if they do not fit the definition of widely attended. If an employee attends a professional meeting and discovers upon arrival that other non-meeting events are being held, the employee must carefully weigh the criteria for a WAG. The employee could call his/her IC's Deputy Ethics Counselor or Ethics Coordinator to obtain permission, or the employee could decide to attend and immediately upon return to the office, contact the DEC or EC to document attendance.
Determination of Agency Interest
The agency DEC (or designee) must determine that attendance at a widely attended gathering is in the agency's interest, and that determination may be written or oral, depending on the circumstances. Relevant factors to consider in making this determination include:
- the importance of the event to the agency;
- the nature and sensitivity of any pending matter affecting the interests of the person who extended the invitation;
- the significance of the employee's role in any such matter;
- the purpose of the event;
- the identify of other expected participants; and
- the market value of the gift of free attendance.
Written Finding: The agency determination must be in writing for the following circumstances:
- The person who extended the invitation
- has interests that may be substantially affected by the performance or nonperformance of
the employee's official duties,
OR - is an association or organization the majority of whose members have such interests.
- has interests that may be substantially affected by the performance or nonperformance of
the employee's official duties,
- Content Requirements:
- Employee's attendance is in the agency interest because it will further agency programs and operations.
- Agency's interest in the employee's participation in the event outweighs concern that acceptance of the gift of free attendance may or may appear to improperly influence the employee in the performance of his/her official duties (review Relevant Factors above).
- Coverage Options: The written determination may be issued to cover multiple employees whose duties similarly affect the interests of the person who extended the invitation or, where that "person" is an association or organization, of its members.
Verbal Finding: The agency determination may be verbal for the following circumstances:
- The person who extended the invitation
- does NOT have interests that may be substantially affected by the performance or
nonperformance of an employees official duties;
OR - is NOT an association or organization the majority of whose members have such interests.
- does NOT have interests that may be substantially affected by the performance or
nonperformance of an employees official duties;
- Content Requirements: Employees attendance is in the agency interest because it will further agency programs and operations.
- Coverage Options: A blanket determination of agency interest may be issues to cover all or any category of employees invited by the person who extended this invitation.
For additional information, contact your IC's Deputy Ethics Counselor or Ethics Coordinator.
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