930 CMR, § 5.04

Current through Register 1536, December 6, 2024

Section 5.04 - Definitions; Disclosure Procedure

For purposes of the exemptions set forth in 930 CMR 5.00:

Disclosure is 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, unless use of a Commission form is explicitly required by 930 CMR 5.00. Such disclosures are public records. If a disclosure required by 930 CMR 5.00 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 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, 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, 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 shall make disclosures required by 930 CMR 5.00 to the Chief Justice of their respective courts, or to his or her designee.

(b) A state or county employee who does not have an appointing authority because that employee is elected, or for any other reason, must make 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. Such a disclosure must made before the relevant event occurs unless 930 CMR 5.00 states explicitly that a disclosure may be made after an event. A state or county employee who does not have an appointing authority and who is traveling or attending an event with staff members pursuant to an exemption created by 930 CMR 5.08 may make a single disclosure for all.

(c) A municipal employee who does not have an appointing authority because that employee is elected, or for any other reason, must make a disclosure to the town or city clerk, and an elected regional school district employee must make a disclosure to the clerk or secretary of such regional school district. Such an employee must make a disclosure before the relevant event occurs unless 930 CMR 5.00 states explicitly that a disclosure may be made after an event. Such an employee who is traveling or attending an event with staff members pursuant to an exemption created by 930 CMR 5.08 may make a single disclosure for all.

Gift is anything of value that is given without something of equivalent fair market value being given in return.

Lobbyist is 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 Acts and Official Action are actions taken in one's capacity as a public employee.

Person is a business, individual, corporation, union, association, firm, partnership, committee, class, team, or other organization or group of persons acting together who share a common interest or purpose.

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 5.04: Public Employee is for purposes of these exemptions only, and not for purposes related to M.G.L. c. 268B, § 5.

930 CMR, § 5.04