I hope PERS members will join me in urging OAL to make a determination
that recently adopted CalPERS' policies concerning gifts are "underground
regulations." While I applaud the general direction of these policies,
they do not go far enough and the way they were adopted provided
little opportunity for input by CalPERS members. If these policies
had gone through the 45 day comment period required in the adoption
of formal regulations, I believe many CalPERS members would have
requested the Board to prohibit the acceptance of gifts by fiduciaries
from anyone doing business with CalPERS. If you believe these
policies should have gone through the formal rulemaking process,
please contact Herbert R. Bolz, Supervising Attorney, Regulatory
Determinations Program, Office of Administrative Law, 555 Capitol
Mall, CA 95814-4602. Phone number (916) 323-6225.