930 Mass. Reg. 5.11

Current through Register 1527, August 2, 2024

Section 5.11 - Glossary of Defined Terms Used in Gift Exemption Regulations

Ceremonial Function, defined in 930 CMR 5.08(9), means that the public employee will perform some action beyond simple attendance that is different from what is expected of other attendees, such as throwing the first pitch at a baseball game, cutting a ribbon at the opening of a bridge, turning over the first shovelful of dirt at a public construction project, bestowing wreaths on the winners of the Boston Marathon, and similar actions.

Commission, defined in 930 CMR 5.02, means the State Ethics Commission.

Direct Interest in the Performance of a Public Employee's Official Duties, defined in 930 CMR 5.06, means that a person is seeking or is likely to seek official action by the public employee.

Disclosure, defined in 930 CMR 5.07(2), means a written statement that sets forth all the relevant facts. Such a disclosure may be made on a form prescribed by the Commission or in another writing that discloses the relevant facts. Such disclosures are public records.

(a) A non-elected public employee must make a disclosure to the employee's appointing authority. An appointing authority is the individual official, board, commission, or other governmental body that has the legal authority to appoint, hire, or contract for the services of the public employee, or, where permitted by 930 CMR 5.00, such authority's designee. A disclosure to an appointing authority that is a multi-member body shall be made to the chairperson or designee and copied to the members of the body. Such multi-member body may, by valid vote of such body, choose to delegate to the chairperson or designee 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 disclosures required by 930 CMR 5.00 to the Chief Justice of their respective courts, or to his or her designee.

(b) An elected state or county employee must make a disclosure to the Commission. Members of the General Court may make a disclosure to the Senate or House Clerk or to the Commission. An elected state or county employee who is attending an event with members of his or her staff may make a single disclosure for himself or herself and the staff members.

(c) An elected municipal employee must make a disclosure to the town or city clerk, and an elected regional school committee employee must make a disclosure to the clerk or secretary of such committee. An elected municipal or regional school employee who is attending an event with members of his or her staff may make a single disclosure for himself or herself and the staff members.

Gift, defined in 930 CMR 5.04, means anything of value that is given without something of equivalent fair market value being given in return.

Legitimate Public Purpose, defined in 930 CMR 5.08(2)(a)2., means that the activity is intended to promote the interests of the Commonwealth, a county, or a municipality; examples are given in the defining regulation.

Legitimate Speaking Engagement, defined in 930 CMR 5.08(4)(a), means giving a speech or serving on a panel where the speech or panel is formally scheduled on the agenda of a meeting, conference, or event; is scheduled in advance of the speaker's or panelist's arrival at the meeting, conference, or event; is before an organization that would normally have outside speakers or panelists address its members at such meeting, conference, or event; and significantly contributes to the meeting, conference, or event, taking into account such factors as the length of the speech or presentation, the expected size of the audience, and the extent to which the speaker is providing substantive information or viewpoints.

Lobbyist, defined in 930 CMR 5.04, means a person who meets the definition of an executive agent under M.G.L. c. 3, § 39, or the definition of a legislative agent under M.G.L. c. 3, § 39.

Official Action, defined in 930 CMR 5.04, means action taken in one's capacity as a public employee.

Person, defined in 930 CMR 5.04, means a business, individual, corporation, union, association, firm, partnership, committee, or other organization or group of persons acting together who share a common interest or purpose.

Public Employee, defined in 930 CMR 5.04, means 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. 930 CMR 5.04: Public Employee is for purposes of these exemptions only, and not for purposes of M.G.L. c. 268B, § 5.

Substantial Value, defined in 930 CMR 5.05, is $50 or more. 930 CMR 5.05 explains in detail how the Commission calculates substantial value.

Travel Expenses, defined in 930 CMR 5.08(2)(a)1., 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.

930 CMR 5.11