Subject: S7-19-99 Political Contributions by Certain Advisers Date: 11/1/99 6:52 PM To: Jonathan G. Katz, Secretary Securities and Exchange Commission 450 Fifth Street, NW Washington, DC 20549-0609 Re: File No. S7-19-99 We applaud the Commission's efforts in addressing "pay-to-play" practices in regard to the awarding of public pension plan contracts. These contracts need be awarded to investment advisers based on merit, as was established by the public pension plan, and not as a result of monetary influence. We believe political contributions, to those responsible of awarding public pension plan contracts, by investment advisers gives them a status of preferential treatment that should not be allowed to exist. The threat of inferior management of pension plan funds necessitates that advisers' qualifications be the significant measure by which their selection is based upon. Furthermore, we believe the rule should be extended to include those small, state-registered advisers who have been left out in the rule's current form. Though they may consist of a small minority of advisers to public funds, we believe all prospective candidates for these should operate on a level playing field. The practice of pay-to-play must be discouraged at all levels when the public's interest is at stake. As for the Commission's consideration of an alternate approach to addressing pay-to-play, which required only the disclosure of information pertaining to political contributions by investment advisers. We agree that it would be insufficient in deterring the practice of obtaining future considerations as a result of political contributions. Moreover, the fact that previous attempts of using disclosure to prevent pay-to-play have proven ineffective signifies that an alternative approach may be better equipped to address the issue. To avoid requiring an adviser to abandon a government client immediately after the adviser or any of its partners, executive officers or solicitors make a political contribution that triggers the prohibitions in the rule, we support the establishment of a time period which upon expiration would no longer allow said adviser to continue to provide advisory services. We find this to be preferential to obligating the adviser to continue providing advisory services without compensation while a successor is selected for the government client. In addition we suggest the Commission provide a transition period of no more than 60 days after the rule's effective date, in the event that the rule is adopted. This transition period would allow investment firms an adequate opportunity to develop, and put into effect, the necessary procedures to be in compliance of the new rule. In regard to the "look-back" provision, which under it's proposed form, states that a contribution would be attributed to any adviser that employs or engages the person who made the contribution within two years after the date the contribution was made. We find the provision to be necessary so as to prevent the circumventing of the rule by channeling contributions through departing employees, or the hiring of contributors in an attempt at influencing the selection process. However, we feel a shorter period of one year would be sufficient in discouraging these practices. Sincerely, Giovanna Justo Navarro & Anibal Zuniga (Private citizens) Miami, FL