Code of Massachusetts Regulations
930 CMR - STATE ETHICS COMMISSION
Title 930 CMR 6.00 - Exemptions Unrelated To Gifts
Section 6.13 - Exemptions to Permit Public Agencies to Contract With Attorneys and Other Consultants of Choice

Universal Citation: 930 MA Code of Regs 930.6

Current through Register 1531, September 27, 2024

(1) Purpose. The purpose of 930 CMR 6.13 is to make it easier for public agencies to contract with attorneys and other consultants of choice, and to broaden the pool of attorneys and consultants available to provide services to public agencies.

(2) Definition. For purposes of 930 CMR 6.13, a legitimate public purpose means that the public will obtain an identifiable advantage from the use of the particular person's services under an additional contract.

(3) Exemption for Current Public Employees. A person who is a special public employee by reason of performing contracted legal or other professional services for a public agency may have a financial interest in a contract or contracts made by the agency in which he is serving (additional contract), without violating M.G.L. c. 268A, § 4, 7, 11, 14, 17, or 20; provided that the employee:

(a) did not participate in or have official responsibility for the contents, design, making, or award of the additional contract, and

(b) either the additional contract was awarded as the result of a competitive selection process in accordance with applicable law or agency policy, or, consistent with applicable public procurement law and agency policy, the agency head certifies in writing that a legitimate public purpose will be served by permitting the additional contract and provides a sole source justification for that contract, and

(c) the person files with the Commission (state and county employees) or the city or town clerk (municipal employees) a disclosure of the nature of services provided to the agency and the employee's financial interest, which includes facts to show compliance with 930 CMR 6.13(3)(a) and (b).

(4) Exemption for Special Assistant Attorneys General. An attorney who is a special state employee by reason of performing services as a special assistant attorney general may directly or indirectly receive or request compensation from, or act as agent or attorney for, a party other than the commonwealth or a state agency, in prosecuting a claim against the Commonwealth or a state agency, or in relation to a particular matter in which the Commonwealth or a state agency is a party or has a direct and substantial interest, without violating M.G.L. c. 268A, § 4(a) or (c) or § 7, provided that such attorney complies in every respect with the provisions of the Massachusetts Rules of Professional Conduct.

(5) Exemption for Former Public Employees. A former special public employee who performed contracted professional services for a public agency may continue to provide such services for a different public agency without violating M.G.L. c. 268A, § 5, 12, or 18, if the first agency assigns the contract to the second agency.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.