Current through Register 1518, March 29, 2024
(1) As used in 970 CMR 1.24, a
public employee, means, as defined in M.G.L. c. 55,
§ 3, "a person employed for compensation, other than an elected officer,
by the commonwealth or any county, city or town", or by a state college or
university, authority, or other public instrumentality created by the
commonwealth and funded by state and local funds, even if the person declines
compensation. Social media means any interactive
Internet-based technology that facilitates the creation or sharing of
information, ideas, events, or other forms of expression via
virtual communities and networks.
(2) For the purposes of M.G.L. c. 55, §
13, a public employee may not intentionally:
(a) Solicit or receive political
contributions using a website or a social media account, post or
site;
(b) Share, retweet or "tag"
other individuals or entities, or otherwise distribute, a social media post
that directly solicits political contributions;
(c) Invite persons to events publicized using
social media or a website, if the event is advertised as a political
fundraising event;
(d) Send or
provide a link to a social media post or to the part of a website that solicits
political contributions (i.e., a link directly to the "donate"
section of a social media page or a website);
(e) Design or administer the portion of any
social media account or website that is used to solicit or receive political
contributions;
(f) Allow his or her
name to be used, or provide a message supporting a candidate or committee, that
will appear on the portion of a website or social media page that solicits
political contributions; or
(g)
Post political fundraising solicitations on a candidate's or political
committee's website or social media page.
(3) It is not a violation of M.G.L. c. 55,
§ 13 for a public employee to do the following, or any other activities
that are similar to the following and not inconsistent with M.G.L. c. 55, and
970 CMR:
(a) If the public employee is also a
candidate, the public employee/candidate may have a political committee which
uses a website or social media account to solicit political contributions,
although the communication in such instances must clearly be from the committee
rather than personally from the public employee, and the name of the
page/social media account must use the political committee's name;
(b) If asked for information regarding
fundraising, a public employee who is also a candidate may refer persons to the
candidate's political committee website or social media account;
(c) "Like" a political fundraising event
posted on a social media site;
(d)
"Like", "follow" or become a "friend" of a political candidate or political
committee (even if the website of the candidate or committee solicits
contributions);
(e) Attend an event
in response to a website or social media post;
(f) Indicate on a personal website or on a
social media page that he or she will be attending a political fundraising
event, even if the response, or planned attendance, is ultimately posted on the
public employee's social media account, on the website, or on the social media
page of the candidate or committee holding the event, (but without additional
language soliciting contributions);
(g) Contribute to a candidate or committee in
response to a social media post;
(h) Post non-fundraising information
regarding a candidate or political committee, on a website or social media
page;
(i) Share, retweet, tag other
individuals or entities, or otherwise distribute a link to a social media post
or any part of a candidate or committee's website, if the part of the social
media post or website reached through the link is not primarily the "donate"
page of the social media post or website, e.g., a link to the
front page of a candidate's campaign website is permitted, even if the page
contains a small "donate" button; or
(j) Share, retweet, tag other individuals or
entities, or otherwise distribute notice of a political event if at the time of
distribution, the event is not advertised as a fundraising event,
e.g., it is advertised as a "meet and greet" or "stand out"
event.
(4) A public
employee who is tagged or otherwise referenced in a social media post
distributed by a non-public employee advertising a political fundraising event
does not result in a solicitation by the public employee in violation of M.G.L.
c. 55, § 13.
(5) A public
employee viewing a social media site in a governmental building does not result
in the receipt of a political fundraising solicitation in a violation of M.G.L.
c. 55, §§ 13 or 14.
(6)
Public resources, e.g., public computers, may not be used to
support or oppose a candidate, political committee, political party or ballot
question (i.e., "for political purposes"). Public resources
may be used, however, for a website, or a social media account, that provides
legislative and constituent services, but not if the site is also used for
political purposes. For example, a social media account paid for with public
resources may not be used to post information regarding a political campaign
event.
(7) Website and social media
use by public employees as defined in 970 CMR 1.24(1), as well as by state,
county, and municipal employees as defined in M.G.L. c. 268A, § 1, is
subject to the conflict of interest law, M.G.L. c. 268A.
