Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 2.00 - Designations Of Public Employees › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 930 CMR 2.00, the following terms have the following meanings. All terms defined herein will be capitalized throughout 930 CMR 2.00.
Board, Commission or Council Which has no Authority to expend Public Funds
means any board, commission or council which:
(a) does not receive a periodic appropriation from the Commonwealth, and
(b) has no express statutory authority to expend public funds, to hire employees, or to enter into contracts involving the expenditure of public funds; and
(c) has no statutory duties which necessarily entail the expenditure of public funds unless provision is made by statute for payment thereof from a source other than the board, commission, or council itself.
Commonwealth
means the Commonwealth of Massachusetts or any agency or political subdivision thereof.
Designation List
means one of the lists of Major Policy Making Positions which must be filed with the State Ethics Commission pursuant to M.G.L. c. 268B, § 3(j).
Designator
means a state or county official required by M.G.L. c. 268B, § 3(j) to submit a list of Major Policy Making Positions within his or her jurisdiction.
Executive Director
means the Executive Director of the State Ethics Commission.
Executive or Administrative Head or Heads of a Governmental Body
means:
(a) the chief executive or administrative officer or officers of a Governmental Body; and
(b) all members of any board, commission, authority or council which is a Governmental Body and the Executive Director thereof.
Exercising Similar Authority
means exercising authority on more than an occasional basis or for more than eight consecutive days which is qualitatively or quantitatively similar to, or the same as, that of the Executive or Administrative Head or Heads of a Governmental Body, a Member of the Judiciary, a person whose Salary Equals or Exceeds that of a State Employee Classified in Step One of Job Group XXV of the general salary schedule contained in M.G.L. c. 30, § 46 and who reports directly to said Executive or Administrative Head, or the Head of a division, bureau or other Major Administrative Unit Within a Governmental Body, except that no person shall be deemed to be exercising authority similar to that of another person merely by virtue of acting in the place of that other person during his or her normal vacation or sick leave periods.
Governmental Body
means: any state or county agency, authority, board, bureau, commission, council, department, division, or other entity, including the general court and the courts of the Commonwealth, whether or not located within, or subject to the control of, a larger Governmental Body.
Head
means the chief executive or administrative officer or officers.
Holding a Major Policy Making Position in a Governmental Body for 30 Days or More
means occupying that position for that period of time, without regard to days of actual service.
Major Administrative Unit
means any department, division, bureau, or other unit whether established by law or by administrative action and whether or not within another administrative unit, which
(a) has, as its Head, a person whose Salary Equals or Exceeds that of a State Employee Classified in Job Group XXV and
(b) has primary responsibility for
1. matters arising within a particular geographic region; or
2. contracting or procurement; or
3. administering, awarding or monitoring grants, benefits or subsidies; or
4. inspecting, licensing, regulating, or auditing any person or entity; or
5. interpreting or enforcing laws, rules or regulations; or
6. matters involving substantial responsibility requiring the exercise of independent judgment.
Major Policy Making Position(s)
means:
(a) The Executive or Administrative Head or Heads of a Governmental Body;
(b) all Members of the Judiciary;
(c) any person whose salary equals or exceeds that of a State Employee classified in Step One of Job Group XXV of the general salary schedule contained in M.G.L. c. 30, § 46 and who reports directly to said Executive or Administrative Head, except a person whose duties consist primarily of administrative tasks such as scheduling, record keeping, document handling, word processing and typing, and similar tasks;
(d) the Head of each division, bureau or other Major Administrative Unit within such Governmental Body; and
(e) persons exercising similar authority.
Members(s) of the Judiciary
means every judge, justice, chief justice, chief judge, administrative justice, circuit justice, associate justice, associate judge, special justice, and master in chancery of every court of the Commonwealth.
Person who Receives no Compensation
means any person who does not receive money or anything of value, except reasonable reimbursements for expenses actually incurred, in exchange for services rendered in a governmental position. Any person who serves in a position for which compensation is authorized by statute, rule, or regulation, shall be considered "a person who receives no compensation" within the meaning of this paragraph only if, by official act (including lack of an appropriation), the compensation is not made available to that person. Any person who fails for any reason to accept compensation which has been set aside for, or which has otherwise been made available to, him or her for their position, shall not be considered "a person who receives no compensation" within the meaning of 930 CMR 2.02.
Public Employee
means any person Holding a Major Policy Making Position in a Governmental Body for 30 Days or More during a Reporting Year whether by election, appointment, contract of hire or engagement, and whether on a full, part-time, intermittent, or consultant basis, excluding any person who serves on a Board, Commission or Council Which Has No Authority To Expend Public Funds other than to approve reimbursements for expenses and excluding any Person Who Receives No Compensation other than reimbursements for expenses.
Reporting Year
means the calendar year for which a Statement of Financial Interest is required to be filed.
Salary Equals or Exceeds that of a State Employee Classified in Step One of Job Group XXV
means that the salary, wages or other compensation authorized for the reporting year equals or exceeds the salary in effect on January 1st of the Reporting Year for step one of job group XXV; provided that in the case of individuals working as consultants for a period which exceeds or is reasonably expected to exceed 60 days, it means that the figure arrived at by annualizing the maximum possible earnings equals or exceeds the salary in effect on January 1 of the reporting year for step one of job group XXV. For purposes of 930 CMR 2.02, a day means a full working day or part thereof.