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 5.08 - Gifts Worth $50 or More and Related to Official Action or Position

Current through Register 1525, July 5, 2024
(1) A public employee is not prohibited from accepting a gift worth $50 or more where the gift is related to the public employee's official action or position, without violating M.G.L. c. 268A, §§ 3, 23(b)(2), and 23(b)(3), if the gift falls within one of these exemptions, and if the public employee complies with all requirements imposed by the exemption. Nothing in 930 CMR 5.08 authorizes a public employee to accept any gift by a lobbyist that is prohibited by M.G.L. c. 268B, § 6, or 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.
(2)
Travel Expenses
. 930 CMR 5.08(2) relates to payment of travel and related expenses for a public employee where the purpose of the travel is to engage in an activity that serves a legitimate public purpose. Payment of such expenses by one's employing agency is not a prohibited gift and does not require an exemption. Nothing in 930 CMR 5.08 authorizes a public employee to accept any gift by a lobbyist that is prohibited by M.G.L. c. 268B, § 6, or 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.
(a)
Definitions
. For purposes of 930 CMR 5.00:
1.
Travel Expenses
. Travel expenses are necessary and reasonable expenses incurred by a public employee in order to engage in an activity that serves a legitimate public purpose, including air, train, bus, and taxi fare, rental car hire, the cost of meals and lodging, and expenses related to attendance at an event including costs of registration, admission, tickets, food, refreshments, instruction, materials, and entertainment.
2.
Legitimate Public Purpose
. An activity has a "legitimate public purpose" if it is intended to promote the interests of the Commonwealth, a county, or a municipality. Examples of activities with legitimate public purposes include, but are not limited to, the following:
Example
: Activities that promote tourism, economic development, charitable, public health, environmental, or educational goals;
Example
: Attendance at training and educational events and conferences designed to improve the efficiencies and effectiveness of public services, or to enhance the knowledge and skills of public employees relative to their official duties;
Example
: Business travel necessary to make informed purchasing decisions,
selections, and inspections;
Example
: A class field trip that will enable students in a government class to observe proposed legislation being debated, or that will enable students in a Spanish class to hear the language spoken by native speakers;
Example
: Any purpose defined by an agency's enabling legislation;
Example
: Any purpose defined as a legitimate public purpose by the agency's governing body or, absent a governing body, chief executive officer, that is in furtherance of the agency's mission.