Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.01 - Statutory Authority to Promulgate Exemptions

Current through Register 1525, July 5, 2024
(1) The State Ethics Commission (Commission) has statutory authority to promulgate exemptions from M.G.L. c. 268A, §§ 3 through 7, 11 through 14, 17 through 20, and 23, pursuant to M.G.L. c. 268B, § 3(a)(2). Pursuant to that authority, the Commission is promulgating 930 CMR 6.00 to create exemptions that will permit, in certain situations, conduct which would otherwise be prohibited by M.G.L. c. 268A, §§ 4 through 7, 11 through 14, 17 through 20, and/or 23, because the Commission has determined that the conduct 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. Exemptions related to gifts to public employees are set forth in 930 CMR 5.00:
Exemptions from M.G.L. c. 268A and M.G.L. c. 268B Related to Gifts
; other exemptions are set forth in 930 CMR 6.00. An alphabetical index of these exemptions is set forth in 930 CMR 6.26.
(2) The exemptions created by 930 CMR 6.00 are in addition to those set forth in M.G.L. c. 268A unless the contrary is stated explicitly.
(3) For purposes of these exemptions only, and not for purposes of M.G.L. c. 268B, a public employee is any state, county, or municipal employee, and any special state, county, or municipal employee, as defined in M.G.L. c. 268A, § 1. The term includes full and part-time public employees. It applies regardless of how the public employment began, and includes public employees who were appointed or elected to their positions, or hired by a public agency, or those who provide services to a public agency pursuant to an express or implied contract. It also applies to persons serving in both compensated and uncompensated positions. The definition set forth in 930 CMR 6.01(3):
Public Employee
is for purposes of these exemptions only, and not for purposes related to M.G.L. c. 268B, § 5. A public employee who complies with the requirements of an exemption in 930 CMR 6.00 is deemed to be in compliance with the sections of M.G.L. c. 268A referenced in that exemption.
(4) 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.
(5) The exemptions in 930 CMR 6.00 shall be construed to advance their stated purposes.
(6) For purposes of 930 CMR 6.00, a disclosure is a written statement that sets forth all the relevant facts. Disclosures required by 930 CMR 6.00 must be made on forms prescribed by the Commission. A disclosure is a public record. If a disclosure required by 930 CMR 6.00 will contain information required by law to be kept confidential, the public employee making the disclosure must follow the procedure set forth in 930 CMR 3.02:
Disclosures Containing Confidential Information
.
(a) An appointed public employee must make a disclosure to the employee's appointing authority before the relevant event occurs. An appointing authority is the individual official, board, commission, or other governmental body that has the legal authority to appoint the public employee, or such authority's designee. A disclosure to an appointing authority that is a multi-member body shall be made to the chairperson, and copied to the members of the body. Such multi-member body, by valid vote of such body, may choose to delegate to the chairperson or other member of the body the authority to make any necessary determination in response to such disclosure on behalf of such body, which should then be copied to the members. Judges and judicial branch employees make the disclosures required by 930 CMR 6.00 to the Chief Justice of their respective courts, or to his or her designee.
(b) A state or county public employee who does not have an appointing authority because that employee is elected, or for any other reason, makes a disclosure to the Commission, except that Members of the General Court may make a disclosure to the Senate or House Clerk, as appropriate, or to the Commission. A disclosure must be made before the relevant event occurs.
(c) A municipal employee who does not have an appointing authority because that employee is elected, or for any other reason, makes a disclosure to the town or city clerk. An elected regional school district employee makes a disclosure to the clerk or secretary of such district. Such employees must make the disclosure before the relevant event occurs.