Section 5.01 - Statutory Prohibitions Concerning Gifts to Public EmployeesThere are six sections of the conflict of interest and financial disclosure laws that relate to gifts to public employees. The terms gift, lobbyist, public employee, person, official acts, and substantial value are defined in 930 CMR 5.04 and 5.05. There is a glossary of all terms defined in 930 CMR 5.12. The six statutory sections that relate to gifts to public employees are summarized below:
(a) M.G.L. c. 268A, § 2, which prohibits corrupt gifts, offers, and promises to influence official acts, referred to in 930 CMR 5.02 as bribery(b) M.G.L. c. 268A, § 3, which prohibits gifts, offers, and promises of substantial value for or because of official acts performed or to be performed.(c) M.G.L. c. 268A, § 23(b)(2)(i), which prohibits public employees from soliciting or receiving anything of substantial value for or because of the public employee's official position.(d) M.G.L. c. 268 A, § 23(b)(3), which prohibits a public employee from knowingly, or with reason to know, acting in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy the employee's favor in the performance of the employee's official duties, or that the employee is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person.(e) M.G.L. c. 268A, § 26, which prohibits any person from, directly or through another, with fraudulent intent, violating M.G.L. c. 268A, § 23(b)(2); prohibits any person, with fraudulent intent, from causing any other person to violate M.G.L. c. 268A, § 23(b)(2); and prohibits any person, with fraudulent intent, from offering or giving any privileges or exemptions of substantial value in violation of M.G.L. c. 268A, § 23(b)(2), if the unwarranted privileges or exemptions have a fair market value in the aggregate of more than $1,000 in any 12 month period.(f) M.G.L. c. 268B, § 6, which prohibits executive or legislative agents from knowingly and willfully offering or giving, to certain public employees and their immediate family members, any gift of any kind or nature, and also prohibits certain public employees and their immediate family members from knowingly and willfully soliciting or accepting from any executive or legislative agent any gift of any kind or nature.