Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 3.00 - Confidentiality › Section 3.01 - Confidentiality of Commission Proceedings

Current through Register 1525, July 5, 2024
(1)
								930 CMR 3.00 is made pursuant to the authority of M.G.L. c. 268B, § 3(a) and is intended to implement the confidentiality requirements of M.G.L. c. 268B, §§ 3(g), 4(a), (b), and (i), and (7).
(2) The nature or existence of a preliminary inquiry involving allegations of violations of M.G.L. c. 268A or 268B, or of an initial staff review to determine whether to conduct a preliminary inquiry, shall be kept confidential by members and employees of the Commission.
(3) Complainants and witnesses who contact, or who have been contacted by, an employee of the Commission, may be requested to keep confidential the nature or existence of a preliminary inquiry involving allegations of violations of M.G.L. c. 268A or 268B, or of an initial staff review to determine whether to conduct a preliminary inquiry, but are not required to comply with such a request.
(4) If the Commission votes and makes public a finding of reasonable cause and authorization of adjudicatory proceedings in accordance with M.G.L. c. 268B, § 4(c), the participants in the Commission proceeding shall no longer be bound by the requirements of 930 CMR 3.01(2) and (3).
(5) The identity of a complainant shall be kept confidential by Commission members and employees.
(6) Notwithstanding the provisions of 930 CMR 3.00, the Commission may provide relevant information concerning a complaint or inquiry to a court or a law enforcement agency. The Commission will inform a complainant when a matter is concluded, and may in its discretion provide information regarding the disposition of a complaint to the complainant, subject to the confidentiality requirements of M.G.L. c. 268B, § 3(g).
(7) Nothing contained in 930 CMR 3.00 shall be construed to require the subject of a preliminary inquiry or initial staff review to maintain the confidentiality of such proceedings, provided, however, that should the subject make a public disclosure concerning the disposition of an inquiry or staff review by the Commission, the Commission may confirm the existence of the inquiry or staff review and, in its discretion, make public any documents which were issued to the subject or which stated the resolution of the matter.
(8) Advice given by the Commission's Executive Director, General Counsel, and Legal Division Staff and advisory opinions issued pursuant to M.G.L. c. 268B, § 3(g), shall be confidential, regardless of whether such advice or opinion is written, oral, or electronic, except that:
(a) the Commission may publish advisory opinions, but shall redact the name of the requesting person and any other identifying information unless the requesting person consents to the use of his or her name;
(b) the requesting person may waive confidentiality and disclose advice he or she received;
(c) in the event that the recipient of a Commission advisory opinion, Commission advice in any form (written, oral, or electronic), or private educational communication from the Commission in any form (written, oral, or electronic) materially misrepresents the contents of such opinion, advice, or communication to any person, the Commission, acting through the Executive Director, may disclose the Commission's opinion, advice, or communication, and any documents submitted to the Commission by the recipient of the opinion, advice, or communication, or anyone acting on behalf of the recipient; and
(d) if an advisory opinion, Commission advice in any form (written, oral, or electronic), or private educational communication from the Commission in any form (written, oral, or electronic) is issued to a person who is subsequently the subject of a preliminary inquiry concerning the same or similar matters, and the Commission votes to find reasonable cause and authorizes adjudicatory proceedings, the opinion, advice, or communication may be disclosed and used as evidence.
(e) Notwithstanding the confidentiality of advice provided by the Executive Director, General Counsel, or Commission staff, a request for such advice, and the giving of such advice, does not create an attorney-client relationship between the requestor and any employee of the Commission.