Code of Massachusetts Regulations
930 CMR - STATE ETHICS COMMISSION
Title 930 CMR 6.00 - Exemptions Unrelated To Gifts
Section 6.19 - Exemption Permitting Public Employees to Purchase or Rent Housing and Parking Units in Multi-unit Buildings Subject to Contractual Arrangements With Public Agencies, When Such Transactions Are Readily Available to the General Public

Universal Citation: 930 MA Code of Regs 930.6

Current through Register 1531, September 27, 2024

(1) Purpose. The purpose of 930 CMR 6.19 is to allow public employees to purchase or rent housing and parking units in multi-unit buildings that are subject to long-term leases or other contractual arrangements with public agencies, including their own, when the opportunity to enter into such arrangements is readily available to the general public, and the public employee was not involved in creating the opportunity.

(2) Exemption. A public employee may purchase or rent a housing and/or parking unit in a multi-unit building that is subject to a long-term lease or other contractual arrangement with a public agency, including his or her own public agency, without violating M.G.L. c. 268A, § 7, 14, or 20, provided that the following conditions are met:

(a) The public employee did not participate in or have official responsibility for: the negotiation or approval of the long-term lease or contractual arrangement with the public agency; any other aspect of the public agency action that led to the availability of the purchase or lease opportunity; or administration of any program related to the lease or contractual arrangement; and

(b) The purchase or lease opportunity is available to members of the general public on the same terms that it is available to the public employee, and steps have been taken to make the general public aware of the availability of the opportunity.

(3) Persons acting within this exemption remain subject to the other prohibitions of M.G.L. c. 268A, including §§ 6, 13, 19, and 23.

Example: A state agency enters into an agreement with private developers to develop condominiums or rental units on land owned by the agency. Included in the agreement are provisions for payments to be made by the developer to the agency based on occupancy, sale, and resale of the units; in addition, the public agency receives a payment from a unit owner at the time of the sale of a unit. An employee of the agency who had no involvement in negotiating, reviewing, or approving the agreement with the developers, or in managing the property, may purchase a condominium in the building.

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