Code of Massachusetts Regulations
930 CMR - STATE ETHICS COMMISSION
Title 930 CMR 5.00 - Exemptions From M.g.l.c. 268a And M.g.l.c. 268b Related To Gifts
Section 5.07 - Gifts Worth Less Than $50 Are Not Prohibited But a Disclosure May be Required

Universal Citation: 930 MA Code of Regs 930.5
Current through Register 1531, September 27, 2024

A public employee is not prohibited from accepting an unsolicited gift that is not of substantial value as defined in 930 CMR 5.05, unless a reasonable person, having knowledge of the relevant circumstances, would conclude that the public employee could unduly favor the giver or be influenced by the giver when performing official duties. If a gift could create such an appearance of a conflict of interest, pursuant to M.G.L. c. 268A, § 23(b)(3), the employee may accept the gift only if he or she makes a written public disclosure about the gift prior to taking any official action involving the donor. Below are examples of situations where a gift is not prohibited because it is not of substantial value, but must be disclosed because it could create an appearance ofa conflict of interest:

Example: A building inspector accepts a $40 bottle of wine from a developer whose projects he frequently inspects. The inspector must make a disclosure.

Example: A business association's representatives meet regularly with city councilors to discuss association issues. Several weeks after the city council votes in favor of a significant association bill, the association sends a concert ticket worth $30 to each to the councilors who voted in favor. Each councilor must make a disclosure before any subsequent meeting with or action involving the association.

Example: A public school teacher accepts a $40 gift certificate from the parent of a current student. The teacher must make a disclosure.

Special rules apply to gifts from lobbyists. Public employees who hold certain types of positions, as defined in M.G.L. c. 268B, § 1, may not accept any gift at all from a lobbyist, even if it is not of substantial value, pursuant to M.G.L. c. 268B, § 6, and M.G.L. c. 3, § 43, last paragraph. Gifts from lobbyists prohibited by those statutes may be accepted only in accordance with 930 CMR 5.09

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