reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 28.00 - Electronic Signatures › Section 28.02 - Definitions

Current through Register 1525, July 5, 2024
The following words shall have the following meanings:
Electronic Signature
:
(a) an electronic sound, symbol, or process attached to or
				logically associated with a record and executed or adopted by a person with the
				intent to sign the record;
(b) a digital signature that encrypts documents with digital
				codes that are particularly difficult to duplicate;
(c) a signature which is received by a retirement board or
				PERAC
via
fax, so long as the signature and the document are
				legible; or
(d) a signature which is received by a retirement board or
				PERAC as part of a scanned document, so long as the signature and the document
				are legible.
Faxed Document
. An image of a document
				made by electronic scanning and transmitted as data by telecommunication
				links.
Prescribed Form
. Any form promulgated
				by PERAC, or any form required by any retirement board and subject to the
				approval of PERAC.
Record
. Information that is inscribed
				on a tangible medium or that is stored in an electronic or other medium and is
				retrievable in perceivable form.
Security Procedure
. A procedure
				employed for the purpose of verifying that an electronic signature, digital
				signature, record, or performance is that of a specific person or for detecting
				changes or errors in the information in an electronic or digital record.
Security Procedure
includes a procedure that requires
				the use of algorithms or other codes, identifying words or numbers, encryption,
				or callback or other acknowledgment procedures.
Scanned Document
. A physical document
				which has been converted into a digital image using a scanner.
Wet Signature
. Created when a person
				marks a physical document as evidence of that person's personal witness and
				certification of the content of all, or a specified part, of the
				document.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 28.00 - Electronic Signatures › Section 28.03 - Use of Electronic Signatures

Current through Register 1525, July 5, 2024
(1) In addition to
			 the use of wet signatures, a retirement board may make use of electronic
			 signatures, as defined by 840 CMR 28.01, provided the conditions in 840 CMR
			 28.02(2) and (3) are met:
(2) A
			 retirement board must promulgate a supplemental regulation regarding its intent
			 to use the same, to be approved by PERAC pursuant to M.G.L. c. 7, §
			 50.
(3) As part of its supplemental
			 regulation, the retirement board must state that it will institute and maintain
			 appropriate security procedures.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 28.00 - Electronic Signatures › Section 28.04 - Legal Effect and Enforceability

Current through Register 1525, July 5, 2024
(1) An
			 electronic signature may not be denied legal effect or enforceability under
			 M.G.L. c. 32 solely because it is in electronic form if a retirement board has
			 promulgated a supplemental regulation permitting the same.
(2) A prescribed form may not be denied legal
			 effect or enforceability solely because an electronic signature was used in its
			 formation if a retirement board has promulgated a supplemental regulation
			 permitting the same.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 28.00 - Electronic Signatures › Section 28.05 - Attribution of Electronic Signatures

Current through Register 1525, July 5, 2024
(1) An
			 electronic signature is attributable to a person if it was the act of the
			 person. The act of the person may be shown in any manner, including a showing
			 of the efficacy of any security procedure applied to determine the person to
			 which the electronic signature was attributable.
(2) The effect of an electronic record or
			 electronic signature attributed to a person under 840 CMR 28.04(1) is
			 determined from the context and surrounding circumstances at the time of its
			 creation, execution, or adoption, including the parties' agreement, if any, and
			 otherwise as provided by law.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 28.00 - Electronic Signatures › Section 28.06 - Fulfillment of Notarization, Acknowledgement, Verification, or Oath Requirements

Current through Register 1525, July 5, 2024
If a law requires a signature or record to be notarized,
				acknowledged, verified, or made under oath, the requirement is satisfied if the
				electronic signature of the person authorized to perform those acts, together
				with all other information required to be included by other applicable law, is
				attached to or logically associated with the signature or
				record.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 28.00 - Electronic Signatures › Section 28.07 - Use of Wet Signatures Still Authorized

Current through Register 1525, July 5, 2024
(1)
			 Nothing in 840 CMR 28.00 shall preclude a retirement board or PERAC from using
			 physical forms with wet signatures for all or some of its forms and
			 transactions.
(2) A member of a
			 retirement system, or a person becoming a member of a retirement system, or a
			 person who needs to sign a form for a retirement system or PERAC for any
			 reason, retains the right to sign a prescribed form with a wet signature upon
			 his or her request.
(3) If a
			 retirement board has not promulgated a PERAC-approved regulation allowing the
			 use of electronic signatures, the use of wet signatures shall be
			 mandatory.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 1.00 - Rules Of Practice And Procedure › Section 1.01 - Formal Rules

Current through Register 1525, July 5, 2024
(1)
Scope, Construction and Definitions
.
(a)
Scope
. 930 CMR 1.00 governs the conduct of Adjudicatory Proceedings of the State Ethics Commission.
(b)
Construction
. 930 CMR 1.00 shall be construed to secure a just and speedy determination of every Adjudicatory Proceeding.
(c)
Definitions
. The following words when used in 930 CMR 1.00, except as otherwise required by the context, shall have the following meanings:
Adjudicatory Hearing
. An evidentiary hearing held to resolve disputed factual issues in an Adjudicatory Proceeding.
Adjudicatory Proceeding
. A proceeding before the Commission initiated pursuant to M.G.L. c. 268B, § 4(c) to determine whether there has been a violation of M.G.L. c. 268A or 268B.
Authorized Representative
. An attorney or other person authorized by a Party to represent him or her in an Adjudicatory Proceeding.
Commission
. The State Ethics Commission as established by M.G.L. c. 268B, § 2.
Commissioner
. A duly appointed member of the State Ethics Commission.
Documents
. All writings, drawings, graphs, charts, photographs, sound recordings, images, and other data and data compilations, stored in any medium from which information can be obtained either directly or, if necessary, after translation into a reasonably usable form.
E-filing
. Electronic document filing in accordance with the Commission's Electronic Case Filing Administrative Procedures Manual ("ECF Manual"), which is posted on the Commission's website,
www.mass.gov/ethics
.
Final Decision
. A decision by the Commission pursuant to 930 CMR 1.01(10)(o)3.
Legal Advisor
. A member of the Commission's Legal Division assigned to assist the Presiding Officer in connection with an Adjudicatory Proceeding.
Papers
. All written communications filed in an Adjudicatory Proceeding, including motions, pleadings, and other documents.
Party
. The Petitioner and Respondent, as defined in 930 CMR 1.01(1)(c):
Petitioner
and
Respondent
, and such other Person(s) who as a matter of constitutional right or by any provision of the General Laws are entitled to participate fully in the Adjudicatory Proceeding.
Person
. A business, individual, corporation, union, association, firm, partnership, committee, or other organization or group of persons.
Petitioner
. The State Ethics Commission's Enforcement Division.
Presiding Officer
. The Commissioner duly designated by the Commission to conduct an Adjudicatory Proceeding.
Respondent
. The person who is the subject of the Adjudicatory Proceeding and whose conduct is alleged to have violated M.G.L. c. 268A or 268B.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 1.00 - Rules Of Practice And Procedure › Section 1.02 - Miscellaneous Provisions Applicable to All Adjudicatory Proceedings

Current through Register 1525, July 5, 2024
(1)
General
. 930 CMR 1.02 shall be applicable to all proceedings held under 930 CMR 1.01.
(2)
Availability of 930 CMR 1.00
. Copies of 930 CMR 1.00 shall be posted on the Commission's website,
www.mass.gov/ethics
, and available from the Commission upon request by any person.
(3)
Severability
. If any rule contained in 930 CMR 1.00 is found to be unconstitutional or invalid by a court of competent jurisdiction, the validity of the remaining rules will not be so affected.
(4)
Non-English Speaking Parties and Witnesses
. If any Party in an Adjudicatory Proceeding has a concern about the ability of a Party or a witness to communicate effectively in English, the concern should be raised with the Presiding Officer at the earliest convenient time so that arrangements for an interpreter may be made.
(5)
Conflicts
. No Presiding Officer who has a direct or indirect interest, personal involvement, or bias in an Adjudicatory Proceeding, shall conduct a hearing in said matter, nor shall he or she participate in the decision-making process with respect to such matter.
(6)
Ex-parte
Communications by Parties Prohibited
. No Party or Authorized Representative of a Party to an Adjudicatory Proceeding shall make any written or oral submission to the Presiding Officer and his or her Legal Advisor unless such submission is copied to, or made in the presence of, all Parties. An oral request for information on scheduling or the availability of a ruling does not violate 930 CMR 1.02(6).
(7)
Docket/Decision Index.
(a)
Docket
. Unless otherwise proscribed by law, the Commission shall maintain on a current basis, a docket of all proceedings which shall list separately in chronological order all Papers filed and actions taken in each Adjudicatory Proceeding.
(b)
Decision Index
. Unless otherwise proscribed by law, the Commission shall maintain on a current basis, a Final Decision index and compilation of Final Decisions. Said index shall contain an alphabetical listing by name and subject matter of all Final Decisions rendered and shall contain a further cross-reference as to the page number in the compilation where the subject Final Decision may be found.
(c)
Public Inspection
. Except to the extent proscribed by law, the docket, Final Decision index, and compilation of Final Decisions shall be available for inspection and copying by the public during the office hours of the Commission. The rate for copying shall be rates as set by the Executive Office for Administration and Finance.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 1.00 - Rules Of Practice And Procedure › Section 1.03 - Advisory Opinions to Municipal Employees

Current through Register 1525, July 5, 2024
(1) Upon written request by any municipal employee, including an employee of a municipal district, a regional municipal entity, a former municipal employee or a prospective municipal employee, the Commission shall issue a formal advisory opinion under M.G.L. c. 268B, § 3(g). Copies of any such opinions, excepting the name of the requesting person and any other identifying information, shall be forwarded to any city corporation counsel, city solicitor or town counsel who has subscribed with the Commission to receive the opinions. The Commission may decline to issue an opinion if the employee has requested an opinion on the same matter from the city corporation counsel, city solicitor or town counsel and a copy of the opinion has been filed with the Commission as provided in 930 CMR 1.03(3).
(2) An advisory opinion issued by the Commission under M.G.L. c. 268B, § 3(g) is binding on the Commission in any subsequent proceedings only with respect to the person who requested the opinion and to those upon whose behalf he requested the opinion. The Commission is not bound by an opinion whose material facts were omitted or misstated by the person in the request for the opinion, or who otherwise acted in bad faith in securing the opinion.
(3) Any city corporation counsel, city solicitor or town counsel who files with his respective municipal clerk an advisory opinion issued under M.G.L. c. 268A, § 22 shall also file a copy of the opinion with the Commission. Following receipt of the opinion, the Commission, acting through the Executive Director, shall notify the city corporation counsel, city solicitor or town counsel of any legal conclusions in the opinion which are inconsistent with Commission conclusions on similar issues under M.G.L. c. 268A or are otherwise, in the Commission's judgment, incorrect, incomplete or misleading. If no such notification is sent by the Commission within 30 days of receipt of the opinion, the opinion will be binding upon the Commission to the extent and in the manner stated in 930 CMR 1.03(2). An advisory opinion issued by a corporation counsel, city solicitor or town counsel under M.G.L. c. 268A, § 22, a copy of which is not filed with the Commission, is not binding upon the Commission.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 2.00 - Designations Of Public Employees › Section 2.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
M.G.L. c. 268B requires that public employees annually file Statements of Financial Interest with the State Ethics Commission for any year in which they are public employees for 30 days or more. M.G.L. c. 268B defines "public employee" to include, with certain enumerated exceptions, persons holding "major policy making positions" in governmental bodies and imposes upon certain state and county officials the obligation annually to designate the "major policy making positions" within their respective jurisdictions. M.G.L. c. 268B also empowers the Executive Director of the State Ethics Commission to add positions which he deems to be "major policy making positions".
930 CMR 2.00 establishes standards and procedures for the designation of "major policy making positions" and identification of public employees by the appropriate state and county officials and by the Executive Director of the State Ethics Commission. They are intended to carry out the purposes of M.G.L. c. 268B by insuring uniform designations throughout state and county government and facilitating the designation process.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 2.00 - Designations Of Public Employees › Section 2.03 - Submission of Annual Designation Lists

Current through Register 1525, July 5, 2024
(1)
Requests for Lists
. On or before February 1 of each year, the Executive Director shall request every designator to prepare and submit a Designation List of the Major Policy Making Positions within his or her jurisdiction and to identify all public employees who are or have been in those positions during the Reporting Year.
(2)
Submission of Lists
(a) The designator shall submit the designation list to the State Ethics Commission within 60 days of receiving the request therefor from the Executive Director on forms provided by the Executive Director.
(b) The Designator shall prepare and submit a separate Designation List for each Governmental Body within his or her jurisdiction, identifying therein the positions, names and mailing addresses of all Public Employees within that Governmental Body. If more than one individual held a particular Major Policy Making Position during the Reporting Year, names and mailing addresses shall be provided for each such individual.
(c) The Designator shall attach to each Designation List an organizational chart for the Governmental Body to which that list corresponds.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 2.00 - Designations Of Public Employees › Section 2.04 - Amendment of Lists

Current through Register 1525, July 5, 2024
(1) A Designator may at any time add positions and/or individuals to his/her Designation List by submitting to the Ethics Commission a written amendment to the original Designation List, providing with respect to the new positions and individuals the same information and certifications as are required by 930 CMR 2.03(3) and (4) on the original Designation List.
(2) A Designator may delete positions and/or individuals from his/her Designation List during the 60-day period immediately following receipt of the Executive Director's request for designations by informing the Ethics Commission of the deletion in writing.
(3) A Designator may delete positions and/or individuals from his/her Designation List after the 60-day period immediately following receipt of the Executive Director's request for designations by submitting the following data in writing to the Commission:
(a) A statement of reasons for the deletion;
(b) Certification that any position to be deleted is not a Major Policy Making Position and that any individual to be deleted is not a Public Employee;
(c) The salary authorized for any position or individual to be deleted;
(d) An organizational chart reflecting the placement within the Governmental Body of any position or individual to be deleted; and
(e) An official job description of any position to be deleted.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 2.00 - Designations Of Public Employees › Section 2.06 - Designations by the Executive Director and Appeals Therefrom

Current through Register 1525, July 5, 2024
(1) The Executive Director may at any time add to any Designation List submitted in accordance with 930 CMR 2.03 any position which he or she deems to be a Major Policy Making Position and/or the names of any individuals whom he or she deems to be Public Employees, provided he/she certifies in writing that the addition is in accordance with M.G.L. c. 268B and with these regulations and that he/she has served notice as required by 930 CMR 2.06(2).
(2) The Executive Director shall, within 30 days of adding any individual to a Designation List, send written notice to the individual of his or her designation and obligation to file a Statement of Financial Interest with the State Ethics Commission, stating the facts relied upon as the basis for the designation, citing the statute and regulations authorizing designations by the Executive Director, enclosing a copy of the forms to be filed, and informing the individual of his/her right to an appeal before the Ethics Commission. The Executive Director shall also send a copy of the notice of the designation to the Designator and the head of the individual's Governmental Body.
(3) Any person aggrieved by the action of the Executive Director may appeal that action to the Ethics Commission in accordance with the Formal Rules of the Standard Rules of Practice and Procedure, 801 CMR 1.00.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 4.00 - Statements Of Financial Interests: Inspections › Section 4.01 - Public Inspection Request and Notification Procedures

Current through Register 1525, July 5, 2024
(1)
								930 CMR 4.00 is intended to implement the public inspection request and notification requirements contained in M.G.L. c. 268B, § 3(d).
(2) For the purposes of 930 CMR 4.00:
(a)
statement
means any statement of financial interests filed with the Commission pursuant to M.G.L. c. 268B, § 5;
(b)
filer
means any reporting person as defined in M.G.L. c. 268B, § 1(r);
(c)
requester
means any person who seeks to inspect or retain a copy of a statement submitted by a filer;
(d)
Commission
means the State Ethics Commission, acting through its members or employees.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 5.00 - Exemptions From M.g.l.c. 268a And M.g.l.c. 268b Related To Gifts › Section 5.01 - Statutory Prohibitions Concerning Gifts to Public Employees

Current through Register 1525, July 5, 2024
There are six sections of the conflict of interest and financial disclosure laws that relate to gifts to public employees. The terms gift, lobbyist, public employee, person, official acts, and substantial value are defined in 930 CMR 5.04 and 5.05. There is a glossary of all terms defined in 930 CMR 5.12. The six statutory sections that relate to gifts to public employees are summarized below:
(a) M.G.L. c. 268A, § 2, which prohibits corrupt gifts, offers, and promises to influence official acts, referred to in 930 CMR 5.02 as
bribery
(b) M.G.L. c. 268A, § 3, which prohibits gifts, offers, and promises of substantial value for or because of official acts performed or to be performed.
(c) M.G.L. c. 268A, § 23(b)(2)(i), which prohibits public employees from soliciting or receiving anything of substantial value for or because of the public employee's official position.
(d) M.G.L. c. 268 A, § 23(b)(3), which prohibits a public employee from knowingly, or with reason to know, acting in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy the employee's favor in the performance of the employee's official duties, or that the employee is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person.
(e) M.G.L. c. 268A, § 26, which prohibits any person from, directly or through another, with fraudulent intent, violating M.G.L. c. 268A, § 23(b)(2); prohibits any person, with fraudulent intent, from causing any other person to violate M.G.L. c. 268A, § 23(b)(2); and prohibits any person, with fraudulent intent, from offering or giving any privileges or exemptions of substantial value in violation of M.G.L. c. 268A, § 23(b)(2), if the unwarranted privileges or exemptions have a fair market value in the aggregate of more than $1,000 in any 12 month period.
(f) M.G.L. c. 268B, § 6, which prohibits executive or legislative agents from knowingly and willfully offering or giving, to certain public employees and their immediate family members, any gift of any kind or nature, and also prohibits certain public employees and their immediate family members from knowingly and willfully soliciting or accepting from any executive or legislative agent any gift of any kind or nature.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 5.00 - Exemptions From M.g.l.c. 268a And M.g.l.c. 268b Related To Gifts › Section 5.02 - No Exemption for Bribery, Corrupt Gifts, or Gifts Given with Fraudulent Intent

Current through Register 1525, July 5, 2024
The State Ethics Commission (Commission) has statutory authority to promulgate exemptions from four of the six statutes listed in 930 CMR 5.01. Specifically, the Commission has authority to promulgate exemptions from M.G.L. c. 268A, §§3, 23(b)(2), and 23(b)(3), and M.G.L. c. 268B, § 6. It does not have authority to promulgate exemptions from M.G.L. c. 268A, §§ 2 and 26. Nothing in 930 CMR 5.00 shall be construed as creating any exemption from the prohibition against corrupt gifts and bribery set forth in M.G.L. c. 268A, § 2, or the prohibition against gifts given or solicited with fraudulent intent set forth in M.G.L. c. 268A, § 26.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 5.00 - Exemptions From M.g.l.c. 268a And M.g.l.c. 268b Related To Gifts › Section 5.03 - Statutory Authority to Promulgate Exemptions; Effect of Compliance with Regulation; No Inferences to be Drawn as to Conduct Not Specifically Exempted

Current through Register 1525, July 5, 2024
M.G.L. c. 268A, §§ 3(f) and 23(f), and M.G.L. c. 268B, §§ 3(a)(2) and 6, give the Commission statutory authority to promulgate exemptions from M.G.L. c. 268A, §§ 3, 23(b)(2), and 23(b)(3), and M.G.L. c. 268B, § 6. M.G.L. c. 3, § 43, last paragraph, gives the Commission statutory authority to promulgate exemptions from that statute. Pursuant to that authority, the Commission is promulgating 930 CMR 5.00 to:
(a) clarify situations in which the statutory prohibitions concerning gifts to public employees set forth in M.G.L. c. 268A, §§ 3, 23(b)(2), and 23(b)(3) do not apply; and
(b) create exemptions in certain situations in which a gift to a public employee would otherwise be prohibited by M.G.L. c. 268A, §§ 3, 23(b)(2), 23(b)(3), or M.G.L. c. 268B, § 6, or M.G.L. c. 3, § 43, last paragraph, because the Commission has determined that allowing acceptance of the gift either serves a legitimate public purpose, or does not present a genuine risk of a conflict of interest or the appearance of a conflict of interest, or both.
(c) A public employee who complies with the exemption requirements of 930 CMR 5.00 is deemed to be in compliance with those provisions of M.G.L. c. 268A, M.G.L. c. 268B, and M.G.L. c. 3 referenced in the relevant section of 930 CMR 5.00.
(d) The establishment of these exemptions shall not be the basis for any inference that conduct not specifically exempted either is, or is not, prohibited by M.G.L. c. 268A, M.G.L. c. 268B, and M.G.L. c. 3.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 5.00 - Exemptions From M.g.l.c. 268a And M.g.l.c. 268b Related To Gifts › Section 5.07 - Gifts Worth Less Than $50 Are Not Prohibited But a Disclosure May be Required

Current through Register 1525, July 5, 2024
A public employee is not prohibited from accepting an unsolicited gift that is not of substantial value as defined in 930 CMR 5.05, unless a reasonable person, having knowledge of the relevant circumstances, would conclude that the public employee could unduly favor the giver or be influenced by the giver when performing official duties. If a gift could create such an appearance of a conflict of interest, pursuant to M.G.L. c. 268A, § 23(b)(3), the employee may accept the gift only if he or she makes a written public disclosure about the gift prior to taking any official action involving the donor. Below are examples of situations where a gift is not prohibited because it is not of substantial value, but must be disclosed because it could create an appearance ofa conflict of interest:
Example
: A building inspector accepts a $40 bottle of wine from a developer whose projects he frequently inspects. The inspector must make a disclosure.
Example
: A business association's representatives meet regularly with city councilors to discuss association issues. Several weeks after the city council votes in favor of a significant association bill, the association sends a concert ticket worth $30 to each to the councilors who voted in favor. Each councilor must make a disclosure before any subsequent meeting with or action involving the association.
Example
: A public school teacher accepts a $40 gift certificate from the parent of a current student. The teacher must make a disclosure.
Special rules apply to gifts from lobbyists. Public employees who hold certain types of positions, as defined in M.G.L. c. 268B, § 1, may not accept any gift at all from a lobbyist, even if it is not of substantial value, pursuant to M.G.L. c. 268B, § 6, and M.G.L. c. 3, § 43, last paragraph. Gifts from lobbyists prohibited by those statutes may be accepted only in accordance with 930 CMR 5.09
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 5.00 - Exemptions From M.g.l.c. 268a And M.g.l.c. 268b Related To Gifts › Section 5.09 - Gifts from Lobbyists Not Related to Official Action or Position

Current through Register 1525, July 5, 2024
(1)
Applicability
. Lobbyists are prohibited by M.G.L. c. 268B, § 6 from giving gifts to any public official or public employee as those terms are defined in M.G.L. c. 268B, § 1, and to members of their immediate family. The definition of a public official and a public employee under M.G.L. c. 268B, § 1 are different from, and narrower than, the definition of a public employee as used elsewhere in 930 CMR 5.00. Under that narrower definition, the prohibition against lobbyists' gifts set forth in M.G.L. c. 268B, § 6 applies only to statewide elected officials, and persons required to file Statements of Financial Interest pursuant to M.G.L. c. 268B, § 5. Lobbyists are also subject to M.G.L. c. 3, § 43, last paragraph, which prohibits them from giving public officials and public employees gifts, meals, beverages, or other items to be consumed.
(2)
Exemption
. Lobbyists, as defined in 930 CMR 5.04, are not prohibited from giving, and Public officials and public employees, as defined in M.G.L. c. 268B, § 1, are not prohibited from accepting, the following from a lobbyist or the lobbyist's spouse, if the gift is purchased with the giver's personal funds and not with funds belonging to the giver's employer, client, or institution, the public employee reasonably believes that only the giver's personal funds were used, and the gift is given and received solely because of family or established personal friendship:
(a) meals in the donor's home; and
(b) gifts on occasions of religious significance including, for example, confirmations and bar mitzvahs; and occasions of personal significance including weddings, engagements, the birth or adoption of a child, and the illness or death of a relative. A birthday is not an "occasion of personal significance" for purposes of this exemption.
Example
: A childhood friend of a State Representative is a lobbyist. Over the years, the two have exchanged gifts on the occasion of significant life events such as weddings and the births of their children. The lobbyist uses her personal funds to purchase two place settings, worth $300, as a wedding present for the Representative's daughter. The gift is not prohibited.
(c) A public employee may accept any gift or inheritance from a lobbyist who is a member of the public employee's immediate family, other relative, intended spouse, or member of the public employee's household, if the gift is purchased with the giver's personal funds and not with funds belonging to the giver's employer, client, or institution, and is given and received solely because of the family or comparable relationship.
(d)930 CMR 5.09 is an exemption from the prohibition against gifts by lobbyists contained in M.G.L. c. 3, § 43, last paragraph, as well as from M.G.L. c. 268A, §§ 3 and 23, and c. 268B, § 6.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 5.00 - Exemptions From M.g.l.c. 268a And M.g.l.c. 268b Related To Gifts › Section 5.10 - Political Campaign Contributions: Exemption from Disclosure

Current through Register 1525, July 5, 2024
A contribution made and reported in accordance with M.G.L. c. 55 is not required to be the subject of a separate, additional disclosure pursuant to M.G.L. c. 268A, § 23(b)(3). A person acting within this exemption remains subject to the other prohibitions of M.G.L. c. 268A, including, but not limited to, §§ 3 and 23(b)(2).
Example
: A lawyer contributes to the campaign of a candidate for State Auditor, and the contribution is reported pursuant to M.G.L. c. 55. Later, the lawyer has a matter before the Auditor's office. The Auditor is not required to make an additional disclosure of the contribution pursuant to M.G.L. c. 268A, § 23(b)(3), because it has already been disclosed in compliance with the campaign finance law, but remains subject to the prohibition of M.G.L. c. 268A, § 23(b)(2) against using the Auditor's position to give the lawyer any unwarranted privilege of substantial value.
Example of What is Not Permitted
: A candidate for Select Board asks the Town Manager to contribute to her reelection campaign. This is a solicitation of a contribution from a subordinate and is prohibited by M.G.L. c. 268A, § 23(b)(2).
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 5.00 - Exemptions From M.g.l.c. 268a And M.g.l.c. 268b Related To Gifts › Section 5.12 - Alphabetical Index to Exemptions Related to Gifts to Public Employees

Current through Register 1525, July 5, 2024
Topic
Regulatory Section
Admission to Event
930 CMR 5.08(3)
Attendance at Event
930 CMR 5.08(3)
Award
930 CMR 5.08(6)
Birth or Adoption of Child
930 CMR 5.06, 5.08(8), 5.09
Birthday
930 CMR 5.06, 5.08(8), 5.09(2)(b)
Campaign Contributions
930 CMR 5.10
Ceremonial Function
930 CMR 5.08(9)
Ceremonial Gifts and Privileges
930 CMR 5.08(9)
Charitable Activities
930 CMR 5.08(13)
Class Gift to Teacher
930 CMR 5.08(14)
Commission
930 CMR 5.02
Conference
930 CMR 5.08(2), (3), (4)
Direct Interest in Performance of Duties
930 CMR 5.06
Disclosure, Definition
930 CMR 5.07(2)
Discount
930 CMR 5.06, 5.08(7)
Display Items
930 CMR 5.08(6)
Drawings
930 CMR 5.06, 5.08(16)
Educational Events
930 CMR 5.08(2), (3)
Engagement
930 CMR 5.06, 5.08(8), 5.09(2)(b)
Executive Agents
930 CMR 5.04, 5.09
Family
930 CMR 5.06, 5.08(2)(b), 5.08(6), 5.08(8), 5.09
Flowers and Plants
930 CMR 5.08(11)
Food
930 CMR 5.08(2), (3), (4), (5), (6), (8), (11), 5.09
Friendship
930 CMR 5.06, 5.08(8), 5.09
Gift, Definition
930 CMR 5.04
Glossary of Defined Terms
930 CMR 5.11
Holiday
930 CMR 5.06, 5.08(8)
Honorarium
930 CMR 5.08(4)(d)
Honorary Degree
930 CMR 5.08(5)
Household, Member
of 930 CMR 5.06, 5.09(2)(c)
Illness or Death of Relative
930 CMR 5.06, 5.08(8), 5.09
Incidental Hospitality
930 CMR 5.08(3)
Inheritance
930 CMR 5.06, 5.09(2)(c)
Intended Spouse
930 CMR 5.06, 5.09(2)(c)
Legitimate Public Purpose, Definition
930 CMR 5.08(2)(a)2.
Legitimate Speaking Engagement
930 CMR 5.08(4)(a)
Legislative Agents
930 CMR 5.04, 5.09
Lifetime Achievement
930 CMR 5.08(6)
Loan
930 CMR 5.06
Lobbyist, Definition
930 CMR 5.04
Lodging
930 CMR 5.08(2), (4), (5), (6)
Meals
930 CMR 5.08(2) through (6), (8), 5.09
Meritorious Public Service
930 CMR 5.08(6)
Not Related to Official Action or Position
930 CMR 5.06
Official Action, Definition
930 CMR 5.04
Passes to School Events
930 CMR 5.08(15)
Perishable Items
930 CMR 5.08(11)
Person, Definition
930 CMR 5.04
Personal Significance, Occasion of
930 CMR 5.06, 5.08(8), 5.09
Political Campaign Events
930 CMR 5.08(12)
Prize
930 CMR 5.06, 5.08(6), 5.08(16)
Professional Organization Fee
930 CMR 5.08(7)
Promotional Item
930 CMR 5.06
Public Employee, Definition
930 CMR 5.04
Public Employees, Gifts Among
930 CMR 5.08(8)
Rebate
930 CMR 5.06
Relative
930 CMR 5.06, 5.08(8), 5.09
Religious Significance, Occasion of
930 CMR 5.06, 5.08(8), 5.09
Retirement
930 CMR 5.08(8), (10)
School Passes
930 CMR 5.08(15)
Substantial Value
930 CMR 5.05
Teachers
930 CMR 5.08(14)
Travel Expenses
930 CMR 5.08(2), (3), (4), (5), (6)
Value of Less than $50
930 CMR 5.07
Value $50 or Greater
930 CMR 5.06, 5.08
Wedding
930 CMR 5.06, 5.08(8), 5.09
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.02 - Exemptions to Encourage Volunteer Public Service, and to Promote Education, Training, and Professional Development

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.02 is to encourage volunteer public service, and to promote education, training, and professional development, by:
(a) permitting public employees, and persons with existing direct or indirect financial interests in public contracts, to serve in uncompensated positions with public agencies, without violating M.G.L. c. 268A, § 7, 14, or 20;
(b) permitting persons with compensated non-public positions to receive their usual compensation during the time spent serving in uncompensated positions with public agencies, without violating M.G.L. c. 268A, § 4(a), 11(a), or 17(a);
(c) permitting persons with compensated public positions to receive their usual compensation during the time spent serving in uncompensated positions as part of the State Employees Responding as Volunteers (SERV) Program, or in any other public agency program to promote volunteer services by public employees with guidelines comparable to those of the SERV Program, without violating M.G.L. c. 268A, § 4(a), 11(a), or 17(a); and
(d) permitting persons who serve in uncompensated intern positions to accept compensation from other sources for time spent in such service.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.04 - Exemption for the National Guard and Volunteer Medical or Rescue Organizations in Exigent Circumstances

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.04 is to allow public employees to act on behalf of volunteer medical or rescue organizations such as the American Red Cross in the event of exigent circumstances, and to allow members of the National Guard to act and be paid in exigent circumstances.
(2)
Definition
. For purposes of 930 CMR 6.04, exigent circumstances are urgent situations requiring immediate action, such as may arise during wars, riots, terrorist actions, civil disorder, floods, storms, blizzards, hurricanes, tornadoes, tsunamis, volcanoes, epidemics, famines, fires, earthquakes, oil spills, shipwrecks, airplanes crashes, and building collapses.
(3)
Exemptions.
(a) A public employee may act as an agent for a volunteer medical or rescue organization such as the American Red Cross in exigent circumstances without violating M.G.L. c. 268A, §4,11,or 17.
(b) A public employee may act as an agent for the National Guard, and be paid in relation to performance of such functions, in exigent circumstances, without violating M.G.L.c.268A, §4, 7, 11, 14, 17, or 20.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.05 - Exemption for Certain Payments by the Department of Children and Families

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.05 is to allow state employees to serve as foster parents, guardians, pre-adoptive and adoptive parents, or in any other comparable capacity.
(2)
Exemption
. A state employee may have a direct or indirect financial interest in a contract or agreement with the Department of Children and Families to serve as a foster parent, guardian, pre-adoptive or adoptive parent, or in any comparable status, including, but not limited to, the receipt of payments directly or indirectly from the Department of Children and Families, without violating M.G.L. c. 268A, § 4 or 7; provided that:
(a) the state employee has been approved by the Department of Children and Families or its designee to serve as a foster parent, guardian, pre-adoptive or adoptive parent, or in any comparable status; and
(b) the state employee files with the Commission a disclosure of the financial interest on a form designated for such purpose by the Commission.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.06 - Exemption to Permit State Employees to Provide Services to the Massachusetts Committee for Public Counsel Services

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.06 is to permit state employees to provide services to persons entitled to receive representation and/or services from the Massachusetts Committee for Public Counsel Services (CPCS), and to provide services to the attorneys assigned by CPCS to represent those persons.
(2)
Exemption
. A state employee may have a direct or indirect financial interest in a contract or agreement to provide services to, or on behalf of, persons, in connection with matters in which those persons are receiving representation and/or services from CPCS, or attorneys or personnel assigned by CPCS, and may act as an agent or attorney in relation to so doing, without violating M.G.L. c. 268A, § 4 or 7; provided that the state employee files a disclosure of the financial interest with the Commission on a form designated for such purpose by the Commission. If the state employee was appointed, the disclosure must show written approval of the proposed arrangement by CPCS and by the state employee's appointing authority or designee, if different from CPCS, in advance of providing the services. If the state employee was elected or has no appointing authority for any other reason, the disclosure must show written approval of the proposed arrangement by CPCS and must be submitted to the Commission as set forth in 930 CMR 6.01(6)  in advance of providing the services.
Example
: A psychiatrist employed by the Department of Mental Health may enter into a contract to be paid to carry out an evaluation of a defendant in a criminal case who is represented by a public defender assigned by CPCS, and to testify concerning her evaluation, provided that, before doing so, she discloses her financial interest in writing and obtains DMH approval of the arrangement, and files the written disclosure with the Commission.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.07 - Exemption to Permit State Employees to Provide Personal Services to State Agency Clients

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.07 is to increase the availability of providers of personal services to clients of state human or social services agencies, and of educational services to those who serve such agencies, by permitting state employees to provide such services.
(2)
Definition
. For purposes of 930 CMR 6.07, personal services means any service related to the health or welfare of a client of a state human or social services agency that is provided by a state employee, including services provided in an institutional setting, or in a group, community, home, or other non-institutional setting.
(3)
Exemption
. A state employee may, without violating M.G.L. c 268A, § 4 or 7, have a direct or indirect financial interest in a contract or agreement, and may act as an agent in relation to any such contract or agreement:
(a) made by a state agency to provide personal services to a person or persons who receive services from, or have services paid for by, state agencies within the Executive Office of Health and Human Services, the Executive Office of Public Safety and Security, the Executive Office of Elder Affairs, the Executive Office of Veterans' Services, the Human Service Transportation Office, and any sheriff's office, or educational services to those who work for such agencies, or
(b) made by a provider or organization funded by any agency within the aforesaid offices for the aforesaid purposes, provided that the state employee files a disclosure of the financial interest with the Commission on a form designated for such purpose by the Commission. The proposed arrangement must be approved by the employee's appointing authority and, if another agency is involved, by an authorized employee of the second agency, before the employee provides personal or educational services. Employees without an appointing authority must following the disclosure procedure set forth in 930 CMR 6.01(6).
Example
: An employee of the Department of Developmental Services may enter into a contract to be paid to provide weekend respite services that will be paid for by the Department of Mental Health, provided that the employee files a written disclosure of the arrangement and that authorized employees of both the Department of Developmental Services and the Department of Mental Health have approved the arrangement.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.08 - Exemption for Board Members Appointed by Public Agency

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.08 is to allow a non-elected public employee appointed to the board of a nonprofit public interest organization by the employee's employing public agency, to serve as the employing public agency's representative on such board, and to participate fully in board matters and in agency matters.
(2)
Exemption
. A non-elected public employee who has been appointed to the board of a nonprofit public interest organization by the employee's employing public agency may participate in particular matters in which the organization has a financial interest without violating M.G.L.c. 268A, § 6, 13, 19, or 23.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.09 - Exemption for School Committee Members and Charter School Trustees

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.09 is to permit school committee members and charter school trustees to participate in certain circumstances in matters that may affect their own children.
(2)
Definitions
. For purposes of 930 CMR 6.09:
(a) A general school fee means a fee, waiver or exemption established by a school committee or charter school board of trustees for a school service, program, or activity, including, but not limited to, fees for full day kindergarten, school bus transportation, preschool or after school programs, sports, or extracurricular activities. The term general school fee does not include a fee that applies to a single event or the children of a single family.
(b) Child includes one's biological child, adopted or pre-adoptive child, foster child, ward, and step-child.
Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.10 - Exemption to Permit the Conveyance of Fee Interests, Restrictions, and Easements by Public Employees

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.10 is to permit public employees to sell, transfer, or convey fee interests, easements, conservation restrictions, preservation restrictions, agricultural preservation restrictions, watershed preservation restrictions, and affordable housing restrictions to state, county, and municipal agencies.
(2)
Exemption
. A public employee may have a direct or indirect financial interest in a contract or agreement to convey a fee interest, easement, or restriction of the types listed in M.G.L. c. 184, § 31 to a state, county, or municipal agency, including, but not limited to, situations where such an agency is administering a federally-funded program, without violating MG.L.c.268A,§ 7, 14, or 20; provided that:
(a) the public employee does not participate in or have official responsibility for the agency's process of recommending or selecting properties on which to acquire such fee interests, easements, or restrictions, or for decision-making with respect to such recommendation and selection; and
(b) the public employee files a disclosure of the financial interest with the Commission (state and county employees) or with the city or town clerk (municipal employees) prior to entering into such contract or agreement. This disclosure does not take the place of any disclosure required by M.G.L.c. 7, §40J.