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 5.06 - No Violation and No Exemption Needed: Gifts Unrelated to Official Action, Position, or Performance of Duties

Current through Register 1525, July 5, 2024
Public employees may accept any gift that is entirely unrelated to official action by the public employee, and to the public employee's official position, and to the public employee's performance of official duties, from persons other than lobbyists, because these gifts are not prohibited by M.G.L.c.268A, §§3, 23(b)(2), and 23(b)(3).No disclosureis requiredat the time of acceptance of these gifts, but if a matter involving the giver comes before the public employee during the six months following such acceptance, or if such a gift follows any official action by the employee involving the giver within six months, the employee must make a written public disclosure concerning the gift pursuant to M.G.L. c. 268A, § 23(b)(3), using the procedure explained in 930 CMR 5.07(2).
Example
: A public employee may accept any gift from a member of the public employee's immediate family, other relative, intended spouse, or member of the public employee's household, as long as the gift is entirely unrelated to the employee's performance or nonperformance of official action or duties.
Example
: A public employee may accept any rebate, discount, or promotional item available to a group that includes, but is not limited to, public employees, or to a geographically defined class that includes the public employee
(10%
off for Boston residents).
Example
: A public employee may accept any commercially reasonable loan made in the ordinary course of business if the lender has no direct interest in the performance of the public employee's duties. A lender has a direct interest in the performance of a public employee's official duties if the lender is seeking or is likely to seek official action by the public employee. A public employee may accept a commercially reasonable loan made in the ordinary course of business from a lender who has a direct interest in the performance of the public employee's duties if the public employee first makes a disclosure as required by M.GL. c. 268A, § 23(b)(3).
Example
: A public employee may accept any reward or prize given to competitors or entrants in a random drawing open to the public, or any reward or prize given to all attendees at an event (1000th attendee at Tops field fair gets a car).
Example
: A public employee may accept gifts, meals, and events given and received for reasons entirely unrelated to the recipient's official actions or position, on holidays; occasions of religious significance, including bar mitzvahs and confirmations; occasions of personal significance, including weddings, engagements, birthdays, the birth or adoption of a child, illness, or a relative's illness or death; and occasions of professional significance, including hirings and promotions.
Example
: A public employee may accept
honoraria
(voluntary, unsolicited payments) unrelated to the employee's official action, position, or duties, as long as the speech or service for which the
honorarium
was given was performed on the employee's own time and without the use of public resources.
Honoraria
related to official positions or actions are dealt with in 930 CMR 5.08(4)(d).
Example
: A public employee may accept any inheritance unrelated to the employee's official position, or to the employee's performance or nonperformance of official actions or duties.