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 5.09 - Gifts from Lobbyists Not Related to Official Action or Position

Universal Citation: 930 MA Code of Regs 930.5

Current through Register 1531, September 27, 2024

(1) Applicability. Lobbyists are prohibited by M.G.L. c. 268B, § 6 from giving gifts to any public official or public employee as those terms are defined in M.G.L. c. 268B, § 1, and to members of their immediate family. The definition of a public official and a public employee under M.G.L. c. 268B, § 1 are different from, and narrower than, the definition of a public employee as used elsewhere in 930 CMR 5.00. Under that narrower definition, the prohibition against lobbyists' gifts set forth in M.G.L. c. 268B, § 6 applies only to statewide elected officials, and persons required to file Statements of Financial Interest pursuant to M.G.L. c. 268B, § 5. Lobbyists are also subject to M.G.L. c. 3, § 43, last paragraph, which prohibits them from giving public officials and public employees gifts, meals, beverages, or other items to be consumed.

(2) Exemption. Lobbyists, as defined in 930 CMR 5.04, are not prohibited from giving, and Public officials and public employees, as defined in M.G.L. c. 268B, § 1, are not prohibited from accepting, the following from a lobbyist or the lobbyist's spouse, if the gift is purchased with the giver's personal funds and not with funds belonging to the giver's employer, client, or institution, the public employee reasonably believes that only the giver's personal funds were used, and the gift is given and received solely because of family or established personal friendship:

(a) meals in the donor's home; and

(b) gifts on occasions of religious significance including, for example, confirmations and bar mitzvahs; and occasions of personal significance including weddings, engagements, the birth or adoption of a child, and the illness or death of a relative. A birthday is not an "occasion of personal significance" for purposes of this exemption.

Example: A childhood friend of a State Representative is a lobbyist. Over the years, the two have exchanged gifts on the occasion of significant life events such as weddings and the births of their children. The lobbyist uses her personal funds to purchase two place settings, worth $300, as a wedding present for the Representative's daughter. The gift is not prohibited.

(c) A public employee may accept any gift or inheritance from a lobbyist who is a member of the public employee's immediate family, other relative, intended spouse, or member of the public employee's household, if the gift is purchased with the giver's personal funds and not with funds belonging to the giver's employer, client, or institution, and is given and received solely because of the family or comparable relationship.

(d)930 CMR 5.09 is an exemption from the prohibition against gifts by lobbyists contained in M.G.L. c. 3, § 43, last paragraph, as well as from M.G.L. c. 268A, §§ 3 and 23, and c. 268B, § 6.

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