Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.25 - Exemption Permitting Elected State Officials to Participate in Particular Matters That Involve Determinations of General Policy When a Financial Interest Is Shared with a Substantial Segment of the Public

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.25 is to permit an elected state official to participate in a particular matter that involves a determination of general policy notwithstanding the fact that the official, or the official's immediate family member, has a financial interest in the matter, where that financial interest is shared with a substantial segment of the public.
(2)
Definition
. For purposes of 930 CMR 6.25, an elected state official is a public official as defined by M.G. L. c. 268B, § 1.
(3)
(a)
Exemption: Disclosure Required
. An elected state official does not violate M.G.L. c. 268A, § 6 by participating in a particular matter in which the official, or the official's immediate family member, has a financial interest, if the particular matter involves a determination of general policy, and the financial interest of the elected official or immediate family member is shared with at least 10% of the population of the entire geographic area represented by the official and is the same in nature as the constituents' financial interests. A disclosure is required on a form prescribed by the Commission, unless the situation involves home ownership or residence as set forth in 930 CMR 6.25(3)(b)3. An official acting within this exemption remains subject to M.G.L. c. 268A, § 23(b)(2) prohibiting misuse of official position.
Example
: The Massachusetts Executive Office of Labor and Workforce Development is considering extending unemployment benefits for an additional three months for unemployed persons whose benefits are exhausted. More than 10% of the residents of a legislator's district are unemployed and have exhausted their benefits, and the legislator's brother is one of those persons. The legislator may present his constituents' views concerning the proposed extension of benefits to the Executive Office, provided that he first makes a written disclosure of the fact that his immediate family member has a financial interest in the matter. The legislator may not use his ability to participate pursuant to this exemption to seek any special treatment for his brother, as this would be a misuse of his position in violation of M.G.L. c. 268A, § 23(b)(2).
Example Where Exemption Not Available
: Using the same example of an extension of unemployment benefits, a legislator owns a boarding house. All of his tenants are unemployed and have exhausted their benefits, and will not be able to pay their rent unless their benefits are extended. The legislator, therefore, has a personal financial interest in the matter. This exemption is not available to the legislator because his financial interest is different in nature from that of his unemployed constituents.
(b)
Exemption: No Disclosure Required
. An elected state official does not violate M.G.L. c. 268A, § 6 by participating in a particular matter in which the official, or the official's immediate family member, has a financial interest, if the particular matter involves a determination of general policy, and
1. the effect of the particular matter on the elected official or immediate family member is no different from or greater than the effect on the general public of the Commonwealth; or
2. the financial interest of the elected official or immediate family member is generally the same in nature and extent as that of non-elected state employees and their immediate family members; or
3. the financial interest of the elected official or immediate family member arises from home ownership or residence in the geographic area that the official represents, the particular matter generally affects the financial interests of home owners or residents in that area or a municipality within that area, and the financial interest of the official or immediate family member is the same in nature and extent as the financial interests of the other home owners or residents in that area or municipality.
No disclosure is required in the above circumstances, either because the facts that would be disclosed are already publicly known (such as where an elected state official is affected in the same manner as other non-elected state employees), or because the financial interest arises from home ownership or residence, and is therefore shared with so many people that no disclosure is necessary. An official acting within this exemption remains subject to M.G.L. c. 268A, § 23(b)(2) prohibiting misuse of official position.
Example
: A state legislator whose children use public transportation may participate in her role as a legislator in a public hearing held by the MBTA regarding fare and parking garage fee increases, and a state legislator who regularly rides a public ferry to work may participate in a public hearing held by the MBTA concerning elimination of his ferry route. No disclosure is required in either case, because the effect on the legislators and immediate family members is no different from or greater than the effect on the general public.
Example Where Exemption Not Available
: Using the example above of an MBTA fare and MBTA garage fee increase, a different state legislator owns a parking garage near an MBTA station and anticipates a change in business if MBTA parking garage fees rise. This legislator may not use this exemption because her financial interest is not the same in nature as that of her constituents who use public transportation.
Example
: An elected state official who has family health insurance arising from his state employment and whose eligibility for coverage is the same as that of any other state employee may comment on a proposal by the state agency that regulates health insurance to increase copayments. No disclosure is required.
Example
: A state legislator may participate in a hearing before a state agency regarding residential insurance rates, where those rates affect every homeowner in the legislator's district, and the legislator owns a home in his district. No disclosure is required, where the legislator's only financial interest arises from home ownership in his district, and the particular matter generally affects homeowners in the district.
Example
: A state legislator may participate in a community meeting with state officials regarding the siting of a landfill, where the proposed landfill will generally affect property values in the town where the landfill will be located, and the legislator's parents own a home in that town. No disclosure is required, because the legislator's financial interest arises from immediate family members' home ownership in a town in his district, and the particular matter generally affects every homeowner in that town.