SENATE DOCKET, NO. 2212 FILED ON: 8/10/2009
SENATE . . . . . . . . . . . . . . No. 2052
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act Text of the Senate amendment to the House Bill to improve the laws relating to ethics and lobbying (House, No. 3856).
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 39 of chapter 3 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the definition of “Client” and inserting in place thereof the following definition:-
“Client”, any person, corporation, partnership, association, or other entity that contracts with another person, corporation, partnership, association or other entity to receive lobbying services.
SECTION 2. Said section 39 of said chapter 3, as so appearing, is hereby further amended by striking out the definition of “Executive agent” and inserting in place thereof the following 3 definitions:-
“Executive lobbying,” any act to influence or to attempt to influence the decision of any officer or employee of the executive branch or an authority, including but not limited to, statewide constitutional officers and employees thereof, where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation promulgated pursuant to any general or special law, or any act to communicate directly with a covered executive official to influence a decision concerning policy or procurement; provided, however, that “executive lobbying” shall include an act to influence or attempt to influence the decision of any officer or employee of a city or town when such an act is intended to carry out a common purpose with executive lobbying at the state level; provided further, that “executive lobbying” shall not include providing information in writing in response to a written request from an officer or employee of the executive branch or an authority for technical advice or factual information regarding a standard, rate, rule or regulation, policy or procurement for the purposes of this chapter; provided, however, that the officer or employee of the executive branch shall make the information provided in writing available to the public contemporaneously and the information shall be included as part of the record of any administrative proceeding.
“Executive lobbyist”, a person who for compensation or reward as paid or provided by a third party engages in executive lobbying including a person who, as part of the person’s regular and usual business or professional activities is paid by a third party to engage in executive lobbying, whether or not any compensation in addition to the salary for such activities is received for such services; provided, however, that “executive lobbyist” shall not include an executive specialist, so long as the executive specialist does not engage in executive lobbying for more than 50 hours during any reporting period.
“Executive specialist”, a person who, in the scope of employment, while working as an employee for an organization, corporation, association or other non-lobbyist entity for compensation or reward engages in executive lobbying including a person who, as part of the person’s regular and usual business or professional activities and not simply incidental thereto, engages in executive lobbying, whether or not any compensation in addition to the salary for such activities is received for such services; provided, however, that if such person engages in executive lobbying for a total of not more than 15 hours during any reporting period such person shall not be deemed an executive specialist, provided, further, that if a such person engages in executive lobbying for more than 50 hours in any reporting period, that person shall be deemed an executive lobbyist.
SECTION 3. Said section 39 of said chapter 3, as so appearing, is hereby further amended by striking out the definition of “Legislative agent” and inserting in place thereof the following 4 definitions:-
“Legislation”, bills, resolutions and proposals of every kind, character or description considered by the general court or any committee thereof, or the governor.
“Legislative lobbying”, any act to promote, oppose, influence or attempt to influence legislation, or to promote, oppose, influence or attempt to influence the governor’s approval or veto thereof including, without limitation, any action to influence the introduction, sponsorship, consideration, action or nonaction with respect to any legislation and acts to influence or attempt to influence the decision of any officer or employee of a city or town when those acts are intended to carry out a common purpose with legislative lobbying at the state level; provided, however, that “legislative lobbying” shall not include providing any information in writing in response to a written request from any member or staff of the legislative branch for technical advice or factual information regarding any legislation, provided, however that the requesting member shall make the information provided in writing available to the public contemporaneously and the information shall be included as part of a committee hearing record or the record of floor debate.
“Legislative lobbyist”, a person who for compensation or reward as paid or provided by a third party engages in legislative lobbying including a person who, as part of the person’s regular and usual business or professional activities and not simply incidental thereto, is paid by a third party to engage in legislative lobbying, whether or not any compensation in addition to the salary for such activities is received for such services; provided, however, that “legislative lobbyist” shall not include a legislative specialist, so long as the legislative specialist does not engage in legislative lobbying for more than 50 hours during any reporting period.
“Legislative specialist”, a person who, in the course of employment while working as an employee for an organization, corporation, association or non-lobbyist entity for compensation or reward engages in legislative lobbying, including a person who, as part of the person’s regular and usual business or professional activities and not simply incidental thereto, engages in legislative lobbying, whether or not any compensation in addition to the salary for such activities is received for such services, provided, however, that if such person engages in legislative lobbying for a total of not more than 15 hours during any reporting period such person shall not be deemed a legislative specialist; provided, further, that if such person engages in legislative lobbying for more than 50 hours in any reporting period, that person shall be deemed a legislative lobbyist.
SECTION 4. Chapter 3 of the General Laws is hereby amended by striking out section 41 to 49, inclusive, as appearing in the 2006 Official Edition, and inserting in place thereof the following sections 9 sections:-
Section 41. (a) The state secretary shall keep a docket which may be in the form of an electronic database. All information required to be filed under this section shall be organized into the docket and shall be open and accessible for public inspection during normal business hours.
(b) The state secretary shall offer educational seminars on the requirements of sections 39 to 50, inclusive, for all legislative lobbyists, legislative specialists, executive lobbyists and executive specialists. The seminars shall be conducted in person or offered online through the state secretary’s website. All legislative and executive lobbyists shall: (i) before registering with the state secretary and annually thereafter, complete an in-person or on-line seminar offered by the state secretary; and (ii) complete an in person or online seminar offered by state secretary upon any material change to sections 39 to 50, inclusive, or any regulations promulgated pursuant thereto. The superintendent of the bureau of state office buildings shall, upon request of the state secretary, provide at no cost to the state secretary suitable facilities for such seminars. The state secretary shall adopt regulations for the administration and enforcement of this section.
(c) Each legislative lobbyist, legislative specialist, executive lobbyist, and executive specialist and lobbyist entity and each client retaining the services of a legislative lobbyist, executive lobbyist or lobbyist entity shall file an annual registration statement with the state secretary on forms prescribed and provided by the state secretary. The annual registration shall be completed not later than December 15 of the year preceding the registration year.
(d) A client or lobbyist entity hiring, employing or agreeing to employ a lobbyist entity, legislative lobbyist or executive lobbyist after January 1 of the registration year shall, within 10 days after such employment or agreement, cause the name of the lobbyist entity, legislative lobbyist or executive lobbyist to be registered with the state secretary as provided in this section. Notice of termination of such employment shall also be filed promptly with the state secretary by the client or lobbyist entity.
(e) The state secretary shall assess;
(1) each lobbyist entity an annual filing fee of $1,000 to register the entity on the docket;
(2) each legislative lobbyist and executive lobbyist an annual filing fee of $100 upon entering the lobbyist’s name on the docket; and
(3) each client an annual filing fee of $100 for each lobbyist entity hired by them upon entering the name upon the docket.
(4) The state secretary shall not assess any fee for the registration of an executive specialist or legislative specialist.
(5) The state secretary may, upon written request, waive the filing fees for a not-for-profit client or a lobbyist entity which registers to exclusively represent not-for-profit clients.
(f) Upon registration, the state secretary shall issue to each legislative lobbyist and executive lobbyist a license which shall entitle the holder to act as a legislative lobbyist and executive lobbyist for a client that has filed a registration statement pursuant to this section. A nontransferable identification card shall evidence this license and shall include the lobbyist’s name and photograph. Each license shall expire on December 31 of each year. Out-of-state legislative lobbyists and executive lobbyists shall submit 3 passport-sized photographs to the state secretary upon registration.
(g) The state secretary shall, upon written request from a person who is or may be subject to section 39 to 50, inclusive, render advisory opinions on the requirements of those sections. An opinion rendered by the state secretary, unless amended or revoked, shall be a defense in a criminal action brought pursuant to sections 39 to 50, inclusive, and shall be binding on the state secretary, the attorney general the district attorney in any subsequent proceedings concerning the person who requested the opinion and who acted in good faith, unless material facts were omitted or misstated by the person in the request for an opinion. Such requests shall be confidential; provided, however, that the state secretary shall publish such opinions without including the name of the requesting person and any other identifying information unless the requesting person consents to such inclusion.
Section 42. No person shall make any agreement whereby any compensation or thing of value is to be paid to any person contingent upon a decision as described in the definition of “executive lobbying”, or the passage or defeat of any legislation or the approval or veto of any legislation by the governor. No person shall agree to engage in legislative lobbying for consideration to be paid upon the contingency of the outcome of the actions described in the definition of “legislative lobbying” or that any legislation is passed or defeated.
Nothing in this section shall prohibit a person whose primary occupation is in marketing or selling a product or service for the person’s company of employment from engaging in the sale of that product or service to the commonwealth for a commission or other compensation as long as the person is a full time employee for said company.
Section 43. (a) On or before July 15, complete from January 1 through June 30; and January 15, complete from July 1 to December 31 of the preceding year, every executive and legislative lobbyist, and every executive and legislative specialist shall render to the state secretary an itemized statement, under oath, listing:
(1) all campaign contributions as defined in section 1 of chapter 55;
(2) all expenditures, and the total amount thereof, incurred, contributed or paid during the reporting period in the course of the lobbyist or specialist’s employment as an executive or legislative lobbyist or specialist;
(3) all expenditures made for or on behalf of:
(A) statewide constitutional officers, officers and employees of such offices;
(B) members of the general court;
(C) officers and employees of the general court;
(D) officers and employees of the executive branch; and
(E) officers and employees of an authority, incurred or paid during the reporting period, except that the executive or legislative lobbyist and specialist shall not be required to report such expenditures not in the course of the lobbyist or specialist’s employment made for or on behalf of the immediate family of such executive or legislative lobbyist or specialist or a relative within the third degree of consanguinity of the executive or legislative lobbyist or specialist or of the lobbyists or specialist’s spouse or the spouse of any such relative.
(b) The executive or legislative lobbyist or specialist shall not be required to itemize the expenditures of any 1 day in which the amount incurred or paid did not total $35 or more.
(c) The itemized accounting shall include, but not be limited to, specific expenditures for meals, gifts, transportation, entertainment, advertising, public relations, printing, mailing and telephone; and shall also include the names of the payees and the amount paid to each payee and shall further include the names of the candidate or political committee to whom or to which the contribution was made, and the amount and date of each contribution.
(d) When an expenditure is for a meal, entertainment or transportation, that expenditure shall be identified by date, place, amount, and the names of all persons in the group partaking in or of such meal, entertainment or transportation. No expenditure shall be split or divided for the purpose of evading any provision of this section. The state secretary shall, within 30 days of receipt of such accounting, notify persons whose names appear therein as having received campaign contributions, meals, transportation or entertainment, as to the nature of the contribution or expenditure claimed, the date and amount of the contribution or expenditure, and the person or persons who reported the contribution or expenditure.
(e) Every executive and legislative lobbyist shall include in the statement required by this section a list of all bill numbers of legislation the executive or legislative lobbyist acted to promote, oppose or influence during the reporting period in the course of the lobbyists’ employment. The disclosure shall only be required if the executive or legislative lobbyist specifically referenced the bill number while acting to promote, oppose or influence legislation.
(f) The state secretary shall assess a penalty for any statement which is filed by an executive or legislative lobbyist or an executive or legislative specialist later than the prescribed date; or, if such statement has been filed by mailing, where the postmark on such mailing is later than the prescribed date. That penalty shall be $50 for the first 20 days that such statement is past due and $100 per day for every day after the twentieth day until the statement is filed. The state secretary may waive these penalties for good cause. A waiver for good cause shall not be granted for statements filed more than 60 days late by executive or legislative lobbyists or executive or legislative specialists, or groups and organizations employing executive or legislative lobbyists or specialists, which have never filed or have never been required to file such statements. In all other instances no waiver for good cause shall be granted when a statement has been filed more than 30 days late.
(g) The state secretary shall prescribe and make available the appropriate statement forms which shall be open and accessible for public inspection during normal working hours.
(h) Notwithstanding the provisions of any general or special law to the contrary, no executive or legislative lobbyist shall knowingly offer or knowingly give to any public official or public employee, as defined in section 1 of chapter 268B, or to a member of such person’s immediate family any gift, as defined in section 1 of chapter 268B, of any kind or nature, nor knowingly pay for any meal, beverage, or other item to be consumed by such public official or employee, whether or not such gift or meal, beverage or other item to be consumed is offered, given or paid for in the course of such lobbyist’s business or in connection with a personal or social event; provided, however, that an executive or legislative lobbyist shall not be prohibited from offering or giving to a public official or public employee who is a member of the lobbyist’s immediate family or a relative within the third degree of consanguinity or of such lobbyist’s spouse or the spouse of any such relative any such gift or meal, beverage or other item to be consumed.
Section 44. (a) On or before July 15, complete from January 1 through June 30; and January 15, complete from July 1 to December 31 of the preceding year, any group or organization, however constituted, not employing an executive or legislative lobbyist or specialist which as part of an organized effort, expends in excess of $250 during any calendar year on executive lobbying or legislative lobbying shall register with the state secretary by rendering a statement, under oath, containing:
(1) the names and addresses of the principals of such group or organization;
(2) the purposes of the organization;
(3) decisions of employees of the executive branch or an authority or legislation which affects those purposes;
(4) the total amount of expenditures, incurred or paid during the reporting period in furtherance of the executive or legislative lobbying efforts;
(5) an itemized statement containing all expenditures made for or on behalf of statewide constitutional officers, officers and employees of such offices, members of the general court, officers and employees of the general court, officers and employees of the executive branch and officers and employees of an authority; and
(6) a listing of the names and addresses of every person, group or organization from whom $15 or more was contributed during the year for the objectives hereinabove stated. No expenditure or contribution shall be split or divided for the purpose of evading any provision of this section.
The state secretary shall prescribe and make available the appropriate statement forms which after being completed and filed with the state secretary shall be organized alphabetically according to the name of the group and such files shall be open and accessible for public inspection during normal business hours.
(b) The itemized accounting under clause (5) of subsection (a) shall include, but shall not be limited to:
(1) specific expenditures for meals, transportation, entertainment, advertising, public relations, printing, mailing and telephone and the names of the payees and the amount paid to each payee. Where such expenditure is for meals, entertainment or transportation, the expenditure shall be identified by date, place, amount, and the names of all persons in the group partaking in, or of, such meal, entertainment or transportation;
(2) including any expenditure directly related to strategizing, planning, research and other background work if performed in connection with, or for use in, an actual communication directly with a covered executive official to influence a decision concerning policy or procurement or with an employee of the legislative branch; and
(3) a list of all campaign contributions, as defined in section 1 of chapter 55, made by the group to a political candidate or committee, the name of each candidate or committee, the amount contributed and the date of the contribution.
(c) The state secretary shall assess a penalty for any statement which is filed in accordance with this section later than the prescribed date; or, if such statement has been filed by mailing, where the postmark on such mailing is later than the prescribed date. That penalty shall be $50 per day for the first 20 days that such statement is past due and $100 per day for every day after the twentieth day until the statement is filed. The state secretary may waive these penalties for good cause. A waiver for good cause shall not be granted for statements filed more than 60 days late by executive or legislative lobbyists, or groups and organizations employing executive or legislative lobbyists, which have never filed or have never been required to file such statements. In all other instances no waiver for good cause shall be granted when a statement has been filed more than 30 days late.
(d) This section shall not apply to any group or organization that (i) does not employ an executive or legislative lobbyist; (ii) does not realize a profit; (iii) does not make a contribution, as defined in section 1 of chapter 55, to a political candidate or committee; (iv) does not pay a salary or fee to any member for any activities performed for the benefit of the group or organization; and (v) expends $2000 or less during any calendar year on executive lobbying or legislative lobbying.
Section 45. (a) Upon receipt of a sworn complaint signed under the penalties of perjury, or upon receipt of evidence which is deemed sufficient by the state secretary, the state secretary shall initiate a preliminary inquiry into any alleged violation of sections 39 to 50, inclusive. At the commencement of a preliminary inquiry into any such alleged violation, the state secretary shall notify the attorney general. All proceedings and records relating to a preliminary inquiry or initial staff review used to determine whether to initiate an inquiry shall be confidential. The state secretary shall notify any person who is the subject of the preliminary inquiry of the existence of such inquiry and the general nature of the alleged violation within 30 days of the commencement of the inquiry.
(b) If a preliminary inquiry fails to indicate reasonable cause for belief that there has been a violation of sections 39 to 50, inclusive, the state secretary shall immediately terminate the inquiry and shall within 10 days so notify, in writing, the complainant, if any, and the person who had been the subject of the inquiry.
(c) If a preliminary inquiry indicates reasonable cause for belief that there has been a violation of sections 39 to 50, inclusive, the state secretary may initiate an adjudicatory proceeding to determine whether there has been such a violation.
(d) The state secretary may require by summons the attendance and testimony of witnesses and the production of books, papers or other financial documents directly relating to any matter being investigated pursuant to sections 39 to 50, inclusive, provided that the state secretary’s subpoena power shall be limited to obtaining employment contracts and other contracts or agreements related to services rendered, work performed or compensation received in connection with executive lobbying or legislative lobbying. Any justice of the supreme judicial court or the superior court may, upon application by the state secretary, issue a summons to be served in the same manner as summonses for witnesses in criminal cases, issued on behalf of the commonwealth and all the provisions of law relative to summonses shall apply to summonses issued under this section so far as applicable. Any justice of the supreme judicial court or the superior court may upon application by the state secretary compel the attendance of witnesses summoned as aforesaid and the giving of testimony under oath before the state secretary in furtherance of any investigation in the same manner and to the same extent as before said courts.
(e) The state secretary, or his designee, may administer oaths and may hear testimony or receive other evidence in any proceeding under this chapter.
(f) All testimony in an adjudicatory proceeding shall be under oath. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses who testify, to submit evidence, and to be represented by counsel. Before testifying, all witnesses shall be given a copy of the regulations governing adjudicatory proceedings.
(g) Any person whose name is mentioned during an adjudicatory proceeding of the state secretary and who may be adversely affected thereby may appear personally before the state secretary on his own behalf, with or without counsel, to give a statement in opposition to such adverse mention or file a written statement of such opposition for incorporation into the record of the proceeding.
(h) All adjudicatory proceedings of the state secretary pursuant to this section shall be public and shall be subject to chapter 30A, except as to any rule power or procedure expressly supplied by this section.
(i) Within 30 days after completion of deliberations, the state secretary shall publish a written report of his findings and conclusions.
(j) Upon a finding pursuant to an adjudicatory proceeding that there has been a violation, the state secretary may issue an order for one or more of the following: (1) requiring the violator to cease and desist such violation; (2) requiring the violator to file any report, statement or other information as required by sections 39 to 50, inclusive; (3) suspending for a specified period or revoking the license and registration of the violator; or (4) requiring the violator to pay a civil penalty of not more than $10,000 for each violation.
The state secretary may file a civil action in superior court to enforce this order.
(k) Final decision in an adjudicatory proceeding conducted by the state secretary under this section shall be subject to review in the superior court division of the appropriate county upon petition of any aggrieved party in interest filed within 30 days after receipt of notice of the decision of which review is sought. The court shall enter a judgment enforcing, modifying, or setting aside the order of the state secretary, or it may remand the proceedings to the state secretary for such further action as the court may direct. If the court modifies or sets aside the state secretary’s order or remands the proceedings to the state secretary, the court shall determine whether such modification, set aside, or remand is substantial. If the court does find such modification, set aside, or remand to be substantial, the petitioner shall be entitled to be reimbursed from the treasury of the commonwealth for reasonable attorneys' fees and all court costs incurred by him in the defense of the charges contained in the proceedings. The amount of such reimbursement shall be awarded by the court but shall not exceed $20,000 per person, per case.
(l) Any person who violates the confidentiality of an inquiry under this section shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 1 year, or both.
(m) The state secretary shall automatically disqualify any person convicted of a felony in violation of chapter 3, chapter 55 or chapter 268A from acting or registering as an executive lobbyist, legislative lobbyist, executive specialist or legislative specialist for a period of 10 years from the date of conviction.
Section 46. The docket of executive and legislative lobbyists shall be maintained for each legislative year, beginning on the first Wednesday of January and ending at the conclusion of business on the final day before the succeeding legislative session.
Section 47. (a) On or before July 15, complete from January 1 through June 30; and January 15, complete from July 1 to December 31 of the preceding year, every employer of an executive or legislative lobbyist or specialist shall render to the state secretary the following:
A complete and detailed itemized statement, under oath, listing:
(1) all expenditures incurred or paid separately by such employer during the reporting period specifically in connection with executive or legislative lobbying; and
(2) all expenditures for or on behalf of:
(A) the statewide constitutional officers;
(B) officers and employees of those offices;
(C) members of the general court;
(D) officers and employees of the general court;
(E) officers and employees of the executive branch; and
(F) officers and employees of an authority, and the total amount thereof incurred or paid separately by such employer during the reporting period;
(b) An employer shall not be required to itemize the expenditures of any 1 day in which the amount incurred or paid did not total $35 or more.
(c) An itemized accounting under subsection (a) shall include, but shall not be limited to, specific expenditures for meals, gifts, transportation, entertainment, advertising, public relations, printing, mailing, telephone and compensation for any professional services rendered by executive or legislative lobbyists and executive or legislative specialists, or any other expenditures for goods or services specifically incurred or paid during the reporting period as part of the employer’s executive or legislative lobbying activities including any expenditure directly related to strategizing, planning, research and other background work if performed in connection with, or for use in, an actual communication directly with a covered executive official to influence a decision concerning policy or procurement or with an employee of the legislative branch; and the names of the payees and the amount paid to each payee.
(d) Where the expenditure is for meals, entertainment or transportation, the expenditure shall be identified by the date, place, amount, and names of all persons in the group partaking in, or of, the meal, entertainment, or transportation.
(e) When such compensation is included as part of a regular salary or retainer, the statement shall specify the amount of the lobbyist’s or specialist’s salary or retainer allocable to the lobbyist’s or specialist’s executive lobbying duties or legislative lobbying duties. If no such apportionment is possible, the statement shall indicate such impossibility and disclose the full salary or retainer. No expenditure shall be split or divided for the purpose of evading any provision of this section.
(f) The state secretary shall assess a penalty for any statement which is filed by an employer later than the prescribed date; or, if that statement has been filed by mailing, where the postmark on the mailing shall determine the timeliness of the filing. The penalty shall be $50 per for the first 20 days that such statement is past due and $100 per day for every day after the twentieth day until the statement is filed. The state secretary may waive these penalties for good cause. A waiver for good cause shall not be granted for statements filed more than 60 days late a group or organization employing executive or legislative lobbyists if the group or organization has never previously filed or has never been required to file such statements. In all other instances no waiver for good cause shall be granted when a statement has been filed more than 30 days late.
(g) The state secretary shall prescribe and make available the appropriate statement forms which after being completed and filed with the state secretary shall be organized alphabetically, according to the name of the employer and those files shall be open and accessible for public inspection during normal business hours.
Section 48. A person convicted of a violation of any provision of sections 41 to 44, inclusive, or section 47 shall be punished by a fine of not less than $100, nor more than $10,000, or by imprisonment in a jail or house of correction for not more than 2 ½ year or by imprisonment in the state prison for not more than 5 years, or both such fine and imprisonment. Any person acting as an executive or legislative lobbyist who has been found guilty of violating any provision of said sections shall in addition to such fine, be disqualified from acting as an executive or legislative lobbyist until the termination of the third regular session of the general court after the date of conviction for such offense. The state secretary shall inspect all statements required by sections 43, 44, and 47and if it appears to him that a person has failed to file any such statement or that any such statement does not conform to law, the state secretary shall within a reasonable time notify the delinquent person, group or organization in writing.
Upon failure to file a statement within 14 days after receiving notice under this section, or if any statement filed after receiving notice indicates a violation of sections 43, 44, or 47, the state secretary shall within a reasonable time notify the attorney general and shall furnish the attorney general with copies of all papers relating thereto. The attorney general shall examine every such case and upon investigation and he deems appropriate cause prosecutions to be instituted in the name of the commonwealth or shall institute appropriate civil proceedings pursuant to section 49 or refer the case to the proper district attorney for such action as may be appropriate.
Section 49. The supreme judicial court or superior court may compel a person, group or organization failing to file a statement required by section 43, 44 or 47 or filing a statement not conforming to the requirements of those sections in respect to its truth, sufficiently in detail, or otherwise to file a sufficient statement, upon the application of the attorney general. Proceedings under this section shall be advanced for speedy trial upon the request of either party. The supreme judicial court or superior court may also, upon application of the attorney general, grant equitable or mandamus relief to enforce sections 41 and 42 and the provisions of section 43 prohibiting the offering or giving of or paying for gifts, meals, beverages or other items. Relief under this section may include an order to pay to the commonwealth an amount equal to the value of any compensation or thing paid or received in violation of said section 42, or the value of a gift, meal, beverage or other item given or received in violation of said section 43; provided, however, that a court shall not impose any monetary relief under this section against a person who has previously been ordered to pay a penalty or other monetary relief for the same conduct by the state secretary pursuant to section 45(j).
Section 50. Sections 39 to 49, inclusive, shall not apply to an employee or agent of the commonwealth or of an authority city, town, district or regional school district acting in such capacity or to a person requested to appear before a committee or commission of the general court by a majority of the members of such committee or commission; provided, that such person performs no other act to influence legislation; and provided further, that the name of such person be recorded in the official records of such committee or commission.
SECTION 5. Sections 11A and 11A-1/2 of chapter 30A are hereby repealed.
SECTION 6. Said chapter 30A is hereby amended by adding the following 8 sections:-
Section 18: As used in this section and sections 19 to 25, inclusive, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Deliberation”, an oral or written communication through any medium, including electronic mail, between or among a quorum of a public body on any public business within its jurisdiction; provided, however, that “deliberation” shall not include the distribution of a meeting agenda, scheduling information or distribution of other procedural meeting or the distribution of reports or documents that may be discussed at a meeting, provided that no opinion of a member is expressed.
“Emergency”, a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.
“Executive session”, any part of a meeting of a public body closed to the public for deliberation of certain matters.
“Intentional violation”, an act or omission by a public body or a member thereof, in knowing violation of the open meeting law.
“Meeting”, a deliberation by a public body with respect to any matter within the body’s jurisdiction; provided, however, “meeting” shall not include:
(a) an on-site inspection of a project or program, so long as the members do not deliberate;
(b) attendance by a quorum of a public body at a public or private gathering, including a conference or training program or a media, social or other event, so long as the members do not deliberate;
(c) attendance by a quorum of a public body at a meeting of another public body that has complied with the notice requirements of the open meeting law, so long as the visiting members communicate only by open participation in the meeting on those matters under discussion by the host body do not deliberate;
(d) a meeting of a quasi-judicial board or commission held for the sole purpose of making a decision required in an adjudicatory proceeding brought before it; or
(e) a session of a town meeting convened under section 10 of chapter 39 which would include the attendance by a quorum of a public body at any such session.
“Minutes”, the written report of a meeting created by a public body required by subsection (a) of section 23 and section 5A of chapter 66.
“Open meeting law”, sections 18 to 25, inclusive.
“Post notice”, to display conspicuously the written announcement of a meeting either in hard copy or electronic format.
“Preliminary screening”, the initial stage of screening applicants conducted by a committee or subcommittee of a public body solely for the purpose of providing to the public body a list of those applicants qualified for further consideration or interview.
“Public body”, a multiple-member board, commission, committee or subcommittee within the executive or legislative branch or within any county, district, city, region or town, however created, elected, appointed or otherwise constituted, established to serve a public purpose; provided, however, that the governing board of a local housing, redevelopment or other similar authority shall be deemed a local public body; provided, further, that the governing board or body of any other authority established by the general court to serve a public purpose in the commonwealth or any part thereof shall be deemed a state public body; provided, further, that “public body” shall not include the general court or the committees or recess commissions thereof, bodies of the judicial branch or bodies appointed by a constitutional officer solely for the purpose of advising a constitutional officer and shall not include the board of bank incorporation or the policyholders protective board; and provided further, that a subcommittee shall include any multiple-member body created to advise or make recommendations to a public body. “Quorum”, a simple majority of the members of the public body, unless otherwise provided in a general or special law, executive order or other authorizing provision.
Section 19. (a) There shall be in the department of the attorney general a division of open government under the direction of a director of open government. The attorney general shall designate an assistant attorney general as the director of the open government division. The director may appoint and remove, subject to the approval of the attorney general, such expert, clerical and other assistants as the work of the division may require. The division shall perform the duties imposed upon the attorney general by the open meeting law, which may include participating, appearing and intervening in any administrative and judicial proceedings pertaining to the enforcement of the open meeting law. For the purpose of such participation, appearance, intervention and training authorized by this chapter the attorney general may expend such funds as may be appropriated therefor.
(b) The attorney general shall create and distribute educational materials and provide training to public bodies in order to foster awareness and compliance with the open meeting law. Open meeting law training may include, but shall not be limited to, instruction in:
(1) the general background of the legal requirements for the open meeting law;
(2) applicability of this sections 18 to 25, inclusive, to governmental bodies;
(3) the role of the attorney general in enforcing the open meeting law; and
(4) penalties and other consequences for failure to comply with this chapter.
(c) There shall be an open meeting law advisory commission. The commission shall consist of 5 members, 2 of whom shall be the chairmen of the joint committee on state administration and regulatory oversight; 1 of whom shall be the president of the Massachusetts Municipal Association or his designee; 1 of whom shall be the president of the Massachusetts Newspaper Publishers Association or his designee; and 1 of whom shall be the attorney general or his designee.
The commission shall review issues relative to the open meeting law and shall submit to the attorney general recommendations for changes to the regulations, trainings, and educational initiatives relative to the open meeting law as it deems necessary and appropriate.
(d) The attorney general shall, not later than January 31, file annually with the commission a report providing information on the enforcement of the open meeting law during the preceding calendar year. The report shall include, but not be limited to:
(1) the number of open meeting law complaints received by the attorney general;
(2) the number of hearings convened as the result of open meeting law complaints by the attorney general;
(3) a summary of the determinations of violations made by the attorney general;
(4) a summary of the orders issued as the result of the determination of an open meeting law violation by the attorney general;
(5) an accounting of the fines obtained by the attorney general as the result of open meeting law enforcement actions;
(6) the number of actions filed in superior court seeking relief from an order of the attorney general; and
(7) any additional information relevant to the administration and enforcement of the open meeting law that the attorney general deems appropriate.
Section 20. (a) Except as provided in section 21, all meetings of a public body shall be open to the public.
(b) Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting at least 48 hours prior to such meeting, excluding Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon as reasonably possible prior to such meeting. Notice shall be printed in a legible, easily understandable format and shall contain the date, time and place of such meeting and a listing of topics that the chair reasonably anticipates will be discussed at the meeting.
(c) For meetings of a local public body, notice shall be filed with the municipal clerk and posted in a manner conspicuously visible to the public at all hours in or on the municipal building in which the clerk’s office is located.
For meetings of a regional or district public body, notice shall be filed and posted in each city or town within the region or district in the manner prescribed for local public bodies. For meetings of a regional school district, the secretary of the regional school district committee shall be considered to be its clerk and shall file notice with the clerk of each city or town within such district and shall post the notice in the manner prescribed for local public bodies. For meetings of a county public body, notice shall be filed in the office of the county commissioners and a copy thereof shall be publicly posted in a manner conspicuously visible to the public at all hours in such place or places as the county commissioners shall designate for the purpose.
For meetings of a state public body, notice shall be filed with the attorney general by posting on a website in accordance with procedures established for this purpose.
The attorney general shall have the authority to prescribe or approve alternative methods of notice where the attorney general determines such alternative will afford more effective notice to the public.
(d) The attorney general may by regulation or letter ruling, authorize remote participation by members of a public body not present at the meeting location, provided the absent members and all persons present at the meeting location are clearly audible to each other, and provided a quorum of the body, including the chair, are present at the meeting location. Such authorized members may vote and shall not be deemed absent for the purposes of section 23D of chapter 39.
(e) After notifying the chair of the public body, any person may make a video or audio recording of an open session of a meeting of a public body, or may transmit the meeting through any medium, subject to reasonable requirements of the chair as to the number, placement and operation of equipment used so as not to interfere with the conduct of the meeting. At the beginning of the meeting the chair shall inform other attendees of any such recordings.
(f) No person shall address a meeting of a public body without permission of the chair, and all persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings of a meeting of a public body. If, after clear warning from the chair, a person continues to disrupt the proceedings, the chair may order the person to withdraw from the meeting and if the person does not withdraw, the chair may authorize a constable or other officer to remove the person from the meeting.
(g) Within 2 weeks of qualification for office, all persons serving on a public body shall certify, on a form prescribed by the attorney general, the receipt of a copy of the open meeting law, regulations promulgated pursuant to section 25 and a copy of the educational materials prepared by the attorney general explaining the open meeting law and its application pursuant to section 20. Unless otherwise directed or approved by the attorney general, the appointing authority, city or town clerk or the executive director or other appropriate administrator of a state or regional body, or their designees, shall obtain such certification from each person upon entering service and shall retain it subject to the applicable records retention schedule where the body maintains its official records. The certification shall be evidence that the member of a public body has read and understands the requirements of the open meeting law and the consequences of violating it.
Section 21. (a) A public body may meet in closed session for 1 or more of the purposes enumerated in this section provided that:
the body has first convened in an open session pursuant to section 21;
a majority of members of the body have voted to go into executive session and the vote of each member is recorded by roll call and entered into the minutes;
before the executive session, the chair shall state the purpose for the executive session, stating all subjects that may be revealed without compromising the purpose for which the executive session was called;
the chair shall publicly announce whether the open session will reconvene at the conclusion of the executive session; and
accurate records of the executive session shall be maintained pursuant to section 23.
(b) A public body may meet in executive session only for the following purposes:
To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The individual to be discussed in such executive session shall be notified in writing by the public body at least 48 hours prior to the proposed executive session; provided, however, that notification may be waived upon written agreement of the parties. A public body shall hold an open session if the individual involved requests that the session be open. If a executive session is held, such individual shall have the following rights:
to be present at such executive session during deliberations which involve that individual;
to have counsel or a representative of his own choosing present and attending for the purpose of advising the individual and not for the purpose of active participation in the executive session;
to speak on his own behalf; and
to cause an independent record to be created of said executive session by audio-recording or transcription, at the individual’s expense.
The rights of an individual set forth in this paragraph are in addition to the rights that he may have from any other source, including, but not limited to, rights under any laws or collective bargaining agreements and the exercise or non-exercise of the individual rights under this section shall not be construed as a waiver of any rights of the individual.
To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel.
To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.
To discuss the deployment of security personnel or devices, or strategies with respect thereto.
To investigate charges of criminal misconduct or to consider the filing of criminal complaints.
To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.
To comply with, or act under the authority of, any general or special law or federal grant-in-aid requirements.
(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants; provided, however, that this clause shall not apply to any meeting, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening.
(9) To meet or confer with a mediator, as defined in section 23C of chapter 233, with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity, provided that:
(i) any decision to participate in mediation shall be made in an open session and the parties, issues involved and purpose of the mediation shall be disclosed; and
(ii) no action shall be taken by any public body with respect to those issues which are the subject of the mediation without deliberation and approval for such action at an open session.
(10) to discuss trade secrets or confidential, competitively-sensitive or other proprietary information provided in the course of activities conducted by a governmental body as an energy supplier under a license granted by the department of public utilities pursuant to section 1F of chapter 164, in the course of activities conducted as a municipal aggregator under section 134 of said chapter 164 or in the course of activities conducted by a cooperative consisting of governmental entities organized pursuant to section 136 of said chapter 164, when such governmental body, municipal aggregator or cooperative determines that such disclosure will adversely affect its ability to conduct business in relation to other entities making, selling or distributing electric power and energy.
Section 22. (a) A public body shall create and maintain accurate minutes of all meetings, including executive sessions, setting forth the date, time and place, the members present or absent, a summary of the discussions on each subject, a list of documents and other exhibits used at the meeting, the decisions made and the actions taken at each meeting, including the record of all votes.
(b) No vote taken at an open session shall be by secret ballot. Any vote taken at an executive session shall be recorded by roll call and entered into the minutes.
(c) Minutes of all open sessions shall be created and approved in a timely manner. The minutes of an open session, if they exist and whether approved or in draft form, shall be made available upon request by any person within 10 days.
(d) Documents and other exhibits, such as photographs, recordings or maps, used by the body at an open or executive session shall, along with the minutes, be part of the official record of the session.
(e) The minutes of any open session, the notes, recordings or other materials used in the preparation of such minutes and all documents and exhibits used at the session, shall be public records in their entirety and not exempt from disclosure pursuant to any of the exemptions under clause Twenty-sixth of section 7 of chapter 4. Notwithstanding this paragraph, the following materials shall be exempt from disclosure to the public as personnel information: (1) materials used in a performance evaluation of an individual bearing on his professional competence, provided they were not created by the members of the body for the purposes of the evaluation; and (2) materials used in deliberations about employment or appointment of individuals, including applications and supporting materials; provided, however, that any resume submitted by an applicant shall not be exempt.
(f) The minutes of any executive session, the notes, recordings or other materials used in the preparation of such minutes and all documents and exhibits used at the session, may be withheld from disclosure to the public in their entirety under exemption (a) of clause Twenty-sixth of section 7 of chapter 4, as long as publication may defeat the lawful purposes of the executive session, but no longer, provided that the executive session was held in compliance with section 21. When the purpose for which a valid executive session was held has been served, the minutes, preparatory materials and documents and exhibits of the session shall be disclosed unless the attorney-client privilege or 1 or more of the exemptions under clause Twenty-sixth of section 7 of chapter 4 apply to withhold these records, or any portion thereof, from disclosure.
For purposes of this subsection, if a executive session is held pursuant to clause (2) or (3) of subsections (b) of section 21, then the minutes, preparatory materials and documents and exhibits used at the session may be withheld from disclosure to the public in their entirety, unless and until such time as a litigating, negotiating or bargaining position is no longer jeopardized by such disclosure, at which time they shall be disclosed unless the attorney-client privilege or 1 or more of the exemptions under clause Twenty-sixth of section 7 of chapter 4 apply to withhold these records, or any portion thereof, from disclosure.
(g)(1) The public body, or its chair or designee, shall, at reasonable intervals, review the minutes of executive sessions to determine if the provisions of this subsection warrant continued non-disclosure. Such determination shall be announced at the body’s next meeting and such announcement shall be included in the minutes of that meeting.
(2) Upon request by any person to inspect or copy the minutes of a executive session or any portion thereof, the body shall respond to the request within 10 days following receipt and shall release any such minutes not covered by an exemption under subsection (f); provided, however, that if the body has not performed a review pursuant to paragraph (1) of this subsection, the public body shall perform the review and release the non-exempt minutes, or any portion thereof, not later than the body’s next meeting or 30 days, whichever first occurs. A public body shall not assess a fee for the time spent in its review.
Section 23. (a) Subject to appropriation, the attorney general shall interpret and enforce the open meeting law.
(b) At least 30 days prior to the filing of a complaint with the attorney general, the complainant shall file a written complaint with the public body, setting forth the circumstances which constitute the alleged violation and giving the body an opportunity to remedy the alleged violation; provided, however, that such complaint shall be filed within 30 days of the date of the alleged violation,. The public body shall, within 14 business days of receipt of a complaint, send a copy of the complaint to the attorney general and notify the attorney general of any remedial action taken. Any remedial action taken by the public body in response to a complaint under this subsection shall not be admissible as evidence against the public body that a violation occurred in any later administrative or judicial proceeding relating to such alleged violation. The attorney general may authorize an extension of time to the public body for the purpose of taking remedial action upon the written request of the public body and a showing of good cause to grant the extension.
(c) Upon the receipt of a complaint by any person, the attorney general shall determine, in a timely manner, whether there has been a violation of the open meeting law. The attorney general may, and before imposing any civil penalty on a public body shall, hold a hearing on any such complaint. Following a determination that a violation has occurred, the attorney general shall determine whether the public body, 1 or more of the members, or both, are responsible and whether the violation was intentional or unintentional. Upon the finding of a violation, the attorney general may issue an order to:
(1) compel immediate and future compliance with the open meeting law;
(2) compel attendance at a training session authorized by the attorney general;
(3) nullify in whole or in part any action taken at the meeting;
(4) impose a civil penalty upon the public body of not more than $1,000 for each intentional violation;
(5) reinstate an employee without loss of compensation, seniority, tenure or other benefits;
(6) compel that minutes, records or other materials be made public; or
(7) prescribe other appropriate action.
(d) A public body or any member of a body aggrieved by any order issued pursuant to this section may, notwithstanding any general or special law to the contrary, obtain judicial review of the order only through an action in superior court seeking relief in the nature of certiorari, provided that notwithstanding section 4 of chapter 249, any such action shall be commenced in the court within 21 days of receipt of the order. Any order issued pursuant to this section shall be stayed pending judicial review; provided, however, that if the order nullifies an action of the public body, the body shall not implement such action pending judicial review.
(e) If any public body or member thereof shall fail to comply with the requirements set forth in any order issued by the attorney general hereunder, or shall fail to pay any civil penalty imposed thereby within 21 days of the date of issuance of such order or within 30 days following the decision of the superior court if judicial review of such order has been timely sought, the attorney general may file an action to compel compliance. Such action shall be filed in Suffolk superior court with respect to state public bodies and, with respect to all other public bodies, in the superior court in any county in which the public body acts or meets. If such body or member has not timely sought judicial review of the order, such order shall not be open to review in an action to compel compliance.
(f) As an alternative to the procedure set forth in subsection (b), the attorney general or 3 or more registered voters may initiate a civil action to enforce the open meeting law.
Any action under this subsection shall be filed in Suffolk superior court with respect to state public bodies and, with respect to all other public bodies, in the superior court in any county in which the public body acts or meets.
In any action filed pursuant to this subsection, in addition to all other remedies available to the superior court, in law or in equity, the court shall have all of the remedies set forth in subsection (b).
In any action filed pursuant to this subsection, the order of notice on the complaint shall be returnable not later than 10 days after the filing thereof and the complaint shall be heard and determined on the return day or on such day thereafter as the court shall fix, having regard to the speediest possible determination of the cause consistent with the rights of the parties; provided, however, that orders may be issued at any time on or after the filing of the complaint without notice when such order is necessary to fulfill the purposes of the open meeting law. In the hearing of any action under this subsection, the burden shall be on the respondent to show by a preponderance of the evidence that the action complained of in such complaint was in accordance with and authorized by the provisions of the open meeting law; provided, however, that no civil penalty may be imposed on an individual absent proof that the action complained of violated the open meeting law.
(g) It shall be a defense to the imposition of a penalty that the public body, after full disclosure, acted in good faith compliance with the advice of the public body’s legal counsel.
(h) Payment of civil penalties under this section paid to or received by the attorney general shall be paid into the general fund of the commonwealth.
Section 24. (a) Whenever the attorney general has reasonable cause to believe that a person, including any public body and any other state, regional, county, municipal or other governmental official or entity, has violated the open meeting law, may conduct an investigation to ascertain whether in fact such person has violated the open meeting law. Upon notification of an investigation, any person, public body or any other state, regional, county, municipal or other governmental official or entity who is the subject of an investigation, shall make all information necessary to conduct such investigation available to the attorney general. In the event that the person, public body or any other state, regional, county, municipal or other governmental official or entity being investigated does not voluntarily provide relevant information to the attorney general within 30 days of receiving notice of the investigation, the attorney general may: (1) take testimony under oath concerning such alleged violation of the open meeting law; (2) examine or cause to be examined any documentary material of whatever nature relevant to such alleged violation of the open meeting law; and (3) require attendance during such examination of documentary material of any person having knowledge of the documentary material and take testimony under oath or acknowledgment in respect of any such documentary material. Such testimony and examination shall take place in the county where such person resides or has a place of business or, if the parties consent or such person is a nonresident or has no place of business within the commonwealth, in Suffolk county.
(b) Notice of the time, place and cause of such taking of testimony, examination or attendance shall be given by the attorney general at least 10 days prior to the date of such taking of testimony or examination.
(c) Service of any such notice may be made by: (1) delivering a duly-executed copy thereof to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of such person; (2) delivering a duly-executed copy thereof to the principal place of business in the commonwealth of the person to be served; or (3) mailing by registered or certified mail a duly-executed copy thereof addressed to the person to be served at the principal place of business in the commonwealth or, if said person has no place of business in the commonwealth, to his principal office or place of business.
(d) Each such notice shall: (1) state the time and place for the taking of testimony or the examination and the name and address of each person to be examined, if known and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs; (2) state the statute and section thereof, the alleged violation of which is under investigation and the general subject matter of the investigation; (3) describe the class or classes of documentary material to be produced thereunder with reasonable specificity, so as fairly to indicate the material demanded; (4) prescribe a return date within which the documentary material is to be produced; and (5) identify the members of the attorney general’s staff to whom such documentary material is to be made available for inspection and copying.
(e) No such notice shall contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of the commonwealth or require the disclosure of any documentary material which would be privileged, or which for any other reason would not be required by a subpoena duces tecum issued by a court of the commonwealth.
(f) Any documentary material or other information produced by any person pursuant to this section shall not, unless otherwise ordered by a court of the commonwealth for good cause shown, be disclosed to any person other than the authorized agent or representative of the attorney general, unless with the consent of the person producing the same; provided, however, that such material or information may be disclosed by the attorney general in court pleadings or other papers filed in court.
(g) At any time prior to the date specified in the notice, or within 21 days after the notice has been served, whichever period is shorter, the court may, upon motion for good cause shown, extend such reporting date or modify or set aside such demand or grant a protective order in accordance with the standards set forth in Rule 26(c) of the Massachusetts Rules of Civil Procedure. The motion may be filed in the superior court of the county in which the person served resides or has his usual place of business or in Suffolk county. This section shall not be applicable to any criminal proceeding nor shall information obtained under the authority of this section be admissible in evidence in any criminal prosecution for substantially identical transactions.
Section 25. (a) The attorney general shall have the authority to promulgate rules and regulations to carry out enforcement of the open meeting law.
(b) The attorney general shall have the authority to interpret the open meeting law and to issue written letter rulings or advisory opinions according to rules established under this section.
SECTION 7. Sections 9F and 9G of chapter 34 of the General Laws are hereby repealed.
SECTION 8. Sections 23A to 23C, inclusive, of chapter 39 of the General Laws are hereby repealed.
SECTION 9. Section 9 of chapter 53 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 21 and 22, the words “, as defined in section one of chapter fifty-five A,”.
SECTION 10. Said section 9 of said chapter 53, as so appearing, is hereby further amended by striking out, in line 25, the word “one A of said chapter fifty-five A” and inserting in place thereof the following words:- 1A of chapter 55C.
SECTION 11. Section 1 of chapter 55 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Candidate’s committee” the following definition:-
“Clearly identified candidate”, a candidate whose name, photo or image appears in a communication or a candidate whose identity is apparent by unambiguous reference in a communication.
SECTION 12. Said section 1 of said chapter 55, as so appearing, is hereby further amended by inserting after the definition of “Election” the following definition:-
“Electioneering communication”, any broadcast, cable, mail, satellite or print communication that fulfills each of the following conditions: (1) the communication refers to a clearly identified candidate; and (2) the communication is publicly distributed within 90 days before an election in which the candidate is seeking election or reelection; provided, however, that the definition of “electioneering communication” shall not include the following communications: (1) a communication that is disseminated through a means other than a broadcast station, radio station, cable television system or satellite system, newspaper, magazine, periodical, billboard advertisement, or mail; (2) a communication to less than 100 recipients; (3) a news story, commentary, letter to the editor, news release, column, op-ed or editorial broadcast by a television station, radio station, cable television system or satellite system, or printed in a newspaper, magazine, or other periodical in general circulation; (4) expenditures or independent expenditures or contributions that must otherwise be reported under this chapter; (5) a communication from a membership organization exclusively to its members and their families, otherwise known as a membership communication; (6) bonafide candidate debates or forums and advertising or promotion of the same; and (7) internet or email communications.
SECTION 13. Said section 1 of said chapter 55, as so appearing, is hereby further amended by inserting after the definition of “Expenditure” the following definition:-
"Independent expenditure'', an expenditure made, or liability incurred, by an individual, group, or association for goods or services expressly advocating the election or defeat of a clearly identified candidate which is made or incurred without cooperation or consultation with any candidate, or a nonelected political committee organized on behalf of a candidate, or any agent of a candidate and which is not made or incurred in concert with, or at the request or suggestion of, any candidate, or any nonelected political committee organized on behalf of a candidate or agent of such candidate.
SECTION 14. The eighth paragraph of section 3 of said chapter 55, as so appearing, is hereby amended by adding the following 2 sentences:- The name of a candidate who fails to file any statement or report after receiving notice under this section of such failure and who continues to fail to file such statement or report after the institution of civil proceedings under this section to compel such filing shall not appear on a state ballot after the initiation of such civil proceedings, until such time as the statement or report is filed, and the director shall inform the state secretary of such failure prior to the deadline for filing nomination papers with the state secretary for such candidate pursuant to chapter 53. Any candidate who files such statement or report with the director after the deadline for filing nomination papers with the state secretary shall not be allowed on the state ballot for the relevant election.
SECTION 15. Said section 3 of said chapter 55, as so appearing, is hereby further amended by inserting, after the word “requested,”, in line 111, the following words:- , by personal delivery, by leaving a copy of the notice at the person’s last and usual place of residence or by delivering a copy of the notice to an attorney who has appeared on behalf of the alleged violator.
SECTION 16. The eleventh paragraph of said section 3 of said chapter 55, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Evidence of any such violation of this chapter which has come to the director’s attention shall be presented by the director to the attorney general not later than 120 days before or 3 years after the relevant election or, if the evidence does not relate to an identifiable election, not later than 3 years after the violation.
SECTION 17. The twelfth paragraph of said section 3 of said chapter 55, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The civil penalty shall be $25 per day; provided, however, that the maximum penalty to be assessed shall be not greater than $5,000 for any one report, statement or affidavit which is filed later than the prescribed date.
SECTION 18. Said section 3 of said chapter 55, as so appearing, is hereby amended by adding the following paragraph:-
The director shall not disclose publicly any correspondence or communication to a candidate, political committee, or ballot question committee which contains a deadline for response until the deadline has passed or until the director has received a response, whichever is earlier. Notwithstanding the forgoing notices of future filing requirements and notices of failure to file a required report shall be public records when issued.
SECTION 19. The ninth paragraph of section 5 of said chapter 55, as so appearing, is hereby amended by adding the following sentence:- No person who is authorized to make such expenditures shall sign a committee check payable to himself.
SECTION 20. Section 6 of said chapter 55, as so appearing, is hereby amended, by striking out, in lines 38 and 39, the words “five thousand dollars” and inserting in place thereof the following figure:- $500
SECTION 21. Said section 6 of said chapter 55, as so appearing, is further hereby amended by adding, after the fifth paragraph, the following paragraph:-
For purposes of this section the term “personal use” shall include the payment of fines, penalties, restitution or damages incurred for a violation of chapters 268A and 268B, but shall not include payments made in relation to allegations of violations of such chapters.
SECTION 22. Section 7A of said chapter 55, as so appearing, is hereby amended by striking out, in line 11, the words “five thousand dollars” and inserting in place thereof the following figure:- $500.
SECTION 22A. Said section 7A of said chapter 55, as so appearing, is hereby further amended, by striking out subsection (b) and inserting in place thereof the following new subsection:-
(b) Notwithstanding any other provision of this chapter; no executive or legislative lobbyist shall contribute to a candidate, a candidate’s committee or any other political committee, other than a ballot question committee.
SECTION 23. Section 8 of said chapter 55, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “business corporation incorporated”, and inserting in place thereof the following words:- business or professional corporation , partnership, limited liability company, limited liability or trust.
SECTION 24. Section 18 of said chapter 55, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Each candidate and each treasurer of a political committee shall, except as provided in this section and section 24, file with the director reports of contributions received and expenditures made. A candidate and a committee organized on behalf of candidates seeking public office at a municipal election shall file such reports with the director, if the candidate is seeking the office of mayor in a municipality with a total population, as determined by the most recent decennial federal census, of 40,000 to 100,000 persons, if the candidate or the candidate’s committee, during the election cycle, can reasonably expect to raise or spend more than $5,000, or if the committee is required to file such reports with the director pursuant to section 19. All other candidates seeking public office at a city or town election shall file such reports with the city or town clerk. A committee organized under section 5 to favor or oppose a question submitted to the voters shall file its reports with the director if the question appears on ballots at a state election, or with the city or town clerk if the question appears on ballots at a city or town election or for use in a city or town at a state election. Reports of contributions received and expenditures made shall be filed using forms prescribed by the director.
SECTION 26. Said section 18 of said chapter 55, as so appearing, is hereby further amended by inserting after the word “January”, in line 102, the following words:- provided however, that candidates for the state senate and house of representatives, the non-elected political committees organized on behalf of such candidates, and political action committees that file with the director, shall also file mid-year reports on or before July 20 in each odd-numbered year.
SECTION 27. The third paragraph of said section 18 of said chapter 55, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following 2 sentences:- For all candidates and all political committees, if the report is not an initial report, the reporting period of such reports required to be filed on or before July 20 in each odd-numbered year shall commence on January 1 of that year, or on the day following the end of the reporting period of the last report filed, if any, whichever period is shorter, and shall end as of June 30 of that year. The reporting period for the report required to be filed on or before January 20 in each year shall commence on the day following the end of the reporting period of the last report filed and shall end as of December 31 of the prior year.
SECTION 28. Said section 18 of said chapter 55, as so appearing, is hereby further amended by inserting after the thirteenth paragraph the following 2 paragraphs:-
In addition, each year-end campaign finance report filed by a candidate or non-elected political committee required to designate a depository by section 19, who also maintains or who has maintained a savings account or money market account, shall disclose, for each reporting period, all activity in any such account. Nothing in this section shall authorize a transfer made from any such savings or money market accounts to an account other than the depository account established by a candidate or committee in accordance with said section 19.
In addition, every political committee organized on behalf of a candidate that files with the director, and every ballot question committee that files with the director, which receives and deposits a contribution in the amount of $500 or more after the eighteenth day, but more than 72 hours, before the date of a special, preliminary, primary or general election, shall file a report to disclose the information required by this section, within 72 hours of depositing such contribution.
SECTION 29. Said section 18 of said chapter 55, as so appearing, is hereby further amended by striking out, in line 253, the words “Local Aid” and inserting in place thereof the word:- General.
SECTION 29A. Said section 18 of said chapter 55, as so appearing, is hereby amended by inserting after the seventeenth paragraph the following paragraph:-
Any person nominated by the governor for a position that requires confirmation by the executive council shall, within 6 months of the date of confirmation, dissolve any political committee organized on behalf of such person and disperse all funds remaining in such committee’s account in accordance with this section.
SECTION 30. Said chapter 55 is hereby further amended by striking out section 18A, as so appearing, and inserting in place thereof the following section:-
Section 18A. (a) Every individual, group or association not defined as a political committee who makes independent expenditures in an aggregate amount exceeding $250 during any calendar year for the express purpose of promoting the election or defeat of a candidate shall file with the director, except as provided in subsection (c), within 7 business days after the goods or services for which the independent expenditure was made are utilized to advocate for the election or defeat of a clearly identified candidate, on a form prescribed by the director, a report stating:
(1) the name and address of the individual, group or association making any such independent expenditures;
(2) the name of the candidate whose election or defeat the expenditure promoted;
(3) the name and address of any person to whom the expenditures were made;
(4) the total amount or value; and
(5) the purpose and the date of each independent expenditure.
(b) In addition to any reports required by subsection (a), any individual, group, association or political committee that makes an independent expenditure in an aggregate amount exceeding $250 after the tenth day, but more than 24 hours, before the date of any election, shall file a preliminary report within 24 hours of making the independent expenditure, disclosing:
(1) the name and address of the individual, group or association making the expenditure;
(2) the name of the candidate whose election or defeat the expenditure promoted;
(3) the name and address of any person to whom the independent expenditures were made; and
(4) the purpose and the date of each expenditure.
(c) The individual, group, association or political committee shall file an additional preliminary report within 24 hours after each time it makes additional independent expenditures equal, in the aggregate, to $250 with respect to the same election as that to which the initial report relates, and shall also file any report required by subsection (a).
(d) The reports required by this section shall be filed with the director as provided in section 18C if expenditures are made to promote the election or defeat of any candidate who files with the director. Reports required by this section shall be filed with the city or town clerk if the expenditures are made to promote the election or defeat of any candidate seeking public office at a city or town election who does not file with the director.
(e) A violation of any provision of this section shall be punished by a fine of not more than $5,000 or by imprisonment in a house of correction for not more than 1 year.
SECTION 31. Subsection (b) of section 18C of said chapter 55, as so appearing, is hereby amended by adding the following 6 clauses:-
(4) every political committee organized on behalf of a candidate that files with the director, including committees required to designate a depository on behalf of a candidate and every ballot question committee that files with the director, which receives and deposits a contribution of $500 or more after the eighteenth day, but more than 72 hours, before the date of a special, preliminary, primary or general electionwithin 72 hours of depositing such contribution.
(5) every state committee referred to in section 1 of chapter 52 required to designate a depository by section 19, which receives a contribution of $500 or more after the eighteenth day, but more than 24 hours, before the date of a special, preliminary, primary or general election, within 72 hours of depositing such contribution;
(6) for every political committee required to file campaign finance reports electronically with the director, any reports filed pursuant to section 18D made to disclose expenditures by vendors of the committee to subvendors;
(7) an individual, group, association or political committee that is required to file a report of independent expenditures with the director in accordance with subsections (a) or (b) of section 18A;
(8) each candidate’s committee organized on behalf of a candidate for mayor in a municipality with a total population, as determined by the most recent federal decennial census, of 40,000 to 100,000 persons, if the committee, during the election cycle, can reasonably expect to raise or spend more than $5,000; and
(9) Every individual, group or association who makes an independent expenditure or electioneering communication expenditure in an aggregate amount exceeding $250 during any calendar year.
SECTION 32. Said chapter 55 is hereby further amended by inserting after section 18C the following 3 sections:-
Section 18D. (a) For the purpose of this section the following words shall have the following meanings unless the context clearly requires otherwise:
“Expenditure”, a payment made or liability incurred by a vendor on behalf of a political committee.
“Person”, a natural person, corporation, association, partnership or other legal entity.
“Subvendor”, a person providing goods or services to a vendor or who contracts with a vendor to provide goods or services to a committee, but excluding administrative or clerical employees.
“Vendor”, a person including, but not limited to, a consultant, who provides goods or services to a political committee that files with the director and either receives or is promised $5,000 or more in the aggregate during a calendar year by the committee for such goods or services, or contracts with another on behalf of the committee for such goods or services valued at $5,000 or more in the aggregate to be provided to the committee.
(b) A vendor that makes an expenditure on behalf of a political committee shall, within 5 days after making such expenditure, provide the political committee with a detailed account of the expenditure including, but not limited to, the date of the expenditure, the person who received payment, the full name and address of the subvendor, the purpose of the expenditure and the amount of the expenditure.
(c) A political committee that makes a payment to a vendor or incurs a liability to a vendor shall file reports with the director disclosing the full name and address, listed alphabetically, of each subvendor receiving payments of more than $500 in the aggregate during a calendar year from the vendor, and of each subvendor to whom a liability of more than $500 was incurred. The contents of such report shall include the information required by section 18 and shall be disclosed on a form prescribed by the director. For committees required to designate a depository account under section 19, the reports shall be filed on or before the fifth day of each month covering the preceding month; provided, however, that for other committees, the report shall be filed in accordance with the schedule established in section 18.
(d) Vendors shall keep detailed accounts of all expenditures made on behalf of political committees.
Section 18E. (a) Legal defense funds may be created by a candidate or the candidate’s political committee to defend against a criminal prosecution or to pay costs associated with a civil matter that is not primarily personal in nature. Inauguration funds may be created by a candidate or the candidate’s political committee to pay for the costs associated with an inaugural event. Recount funds may be created by a candidate or candidate’s political committee to pay for the legal and other costs associated with a recount. Legal defense, inauguration, or recount funds may be created separately from the candidate’s campaign account or committee and shall be subject to the following conditions: (1) assets of a political committee shall not be used by the fund; (2) donations received by the fund shall not be deposited into the candidate’s campaign account or a committee account; and (3) donations to such fund shall not be used to benefit a political committee.
(b) Donations to a legal defense, recount or inauguration fund, if not contributions, shall be disclosed to the director or, if made by a candidate or committee that does not file with the director, the city or town clerk, on or before the fifth day of the month following the month in which the donations were received, complete as of the last day of the preceding month, on forms to be prescribed by the director. The report shall disclose the name and address of all persons donating more than $50 during the reporting period, listed alphabetically, the amount of each such donation and the total amount of donations received in the reporting period not otherwise reported.
(c) For purposes of this section, “donations” shall include donations in money or in-kind and loans provided to a legal defense, recount or inauguration fund.
Section 18F. Every individual, group or association not defined as a political committee who makes any electioneering communication expenditures, in an aggregate amount exceeding $250, shall electronically file with the director, within 7 days after making such an expenditure, a report stating the name and address of the individual, group or association making the electioneering communication, the name of any candidate clearly identified in the communication, the total amount or value of the communication, the name and address of the vendor to whom the payments were made and the purpose and date of any such expenditure. In addition, any individual, group or association not defined as a political committee who makes any electioneering communication expenditures, in an aggregate amount exceeding $250 during a calendar year, who receives funds for the purpose of making such electioneering communications shall include in the electronic filing the date the funds were received and the name and address of the provider of any such funds in excess of $200, if any. Reports required by this section shall be filed with the director as provided in section 18C if communications were made to promote the election or defeat of any candidate who files with the director. Reports required by this section shall be filed with the city or town clerk if the communications were made to promote the election or defeat of any candidate seeking public office at a city or town election who does not otherwise file with the director.
Any person, group or association that makes or contracts to make electioneering communications aggregating $1,000 or more within 7 days before the date of an election shall file a report containing the information required by this section within 48 hours after making such expenditure.
A violation of this section shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than 1 year.
SECTION 33. Section 19 of said chapter 55, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “or other citywide office, except for the office of school committee” and inserting in place thereof the following words:- , city council or aldermen.
SECTION 34. Said section 19 of said chapter 55, as so appearing, is hereby further amended by striking out, in lines 101 and 102, the words “mayor or other citywide office except for school committee” and inserting in place thereof the following words:- city council, aldermen or mayor.
SECTION 35. Said section 19 of said chapter 55, as so appearing, is hereby further amended by adding the following subsection:-
(g) Each committee required to designate a depository on behalf of a candidate that files with the director in accordance with this section and which receives and deposits a contribution of $500 or more after the eighteenth day but more than 72 hours before the date of a special, preliminary, primary or general election shall file a report to disclose the information required by this section within 72 hours of depositing such contribution. In addition, each state committee referred to in section 1 of chapter 52 that is required to designate a depository pursuant to this section and which receives a contribution of $500 or more after the eighteenth day, but more than 24 hours, before the date of a special, preliminary, primary or general election, shall file a report to disclose the information required by this section, within 72 hours of depositing such contribution.
SECTION 36. Section 22 of said chapter 55, as so appearing, is hereby amended by striking out, in line 1, the word “The” and inserting in place thereof the following words:- Any person or the.
SECTION 37. Said section 22 of said chapter 55, as so appearing, is hereby further amended by inserting after the first paragraph the following paragraph:-
Any person who makes an expenditure of $250 or more other than a contribution to a ballot question committee or incurs a liability of $250 or more to influence or affect the vote on any question submitted to the voters shall file reports setting forth the amount or value of the expenditure or liability, together with the date, purpose and full name of the person to whom the expenditure was made or the liability incurred.
SECTION 38. Said section 22 of said chapter 55, as so appearing, is hereby further amended by inserting after the word “such”, in lines 17, 31 and 41, each time it appears, the following words:- person or.
SECTION 39. Said section 22 of said chapter 55, as so appearing, is hereby further amended by inserting after the word “Any”, in line 38, the following words:- person or.
SECTION 40. Section 24 of said chapter 55, as so appearing, is hereby amended by inserting after the word “statement”, in lines 1, 4, 5, 8, 9 and 12, each time it appears, the following words:- or report.
SECTION 41. Said section 24 of said chapter 55, as so appearing, is hereby further amended by inserting after the word “office”, in line 3, the following words:- , other than a municipal office for which a candidate is required to file with the director in accordance with section 18C or 19.
SECTION 42. Said section 24 of said chapter 55, as so appearing, is hereby further amended by inserting after the word “statements”, in lines 13 and 14, the following words:- and reports.
SECTION 43. Section 26 of said chapter 55, as so appearing, is hereby amended by striking out the first 2 sentences and inserting in place thereof the following 2 sentences:- The city or town clerk shall retain all statements and reports required to be filed with him until December 31 of the sixth year following the relevant election. In the case of committees other than those authorized by a candidate, the city or town clerk shall retain all required statements and reports filed with him until December 31 of the sixth year following the date that the statement or report was filed.
SECTION 44. Said section 26 of said chapter 55, as so appearing, is hereby further amended by adding the following sentence:- Within 30 days after the filing deadline, all campaign finance reports required to be filed with the city or town clerk under section 18 shall be made available for viewing on the internet website of the municipality if such municipality has such a website, if the report discloses that a candidate or committee filing a report has received contributions or made expenditures in excess of $1,000 during a reporting period or incurred liabilities or acquired or disposed of assets in excess of $1,000 during a reporting period.
SECTION 45. Said chapter 55 is hereby further amended by striking out section 29, as so appearing, and inserting in place thereof the following section:-
Section 29. Upon failure to file a statement, report or affidavit within 10 days after receiving notice under section 28, the city or town clerk, as the case may be, shall notify the director and shall furnish him with copies of all papers related thereto and the director, if satisfied there is cause, shall assess a penalty and may refer the person or committee to the attorney general pursuant to section 3. If any statement filed with the city or town clerk, as the case may be, discloses a violation of this chapter, such city or town clerk shall notify the director and shall furnish him with copies of all papers relating thereto. The director shall examine every such case referred to him by such clerk and may refer such cases to the attorney general in accordance with section 3. If satisfied that there is cause, the attorney general shall, in the name of the commonwealth, institute appropriate criminal or civil proceedings or refer the case to the proper district attorney for such action as may be appropriate. Any city or town clerk shall at any time upon the request of the attorney general or the director forward any evidence or information received by the clerk to the attorney general or director for whatever action the attorney general or the director deems appropriate pursuant to law.
SECTION 46. The last paragraph of section 4 of chapter 55C of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following 2 sentences:- Determination and certification of the eligibility of candidates shall be made by the director on the eighth Tuesday before the primary and shall be based solely upon information contained in such statements as have been filed by candidates. Candidates for governor seeking public financing shall file the statement on or before the Friday that is 11 days preceding said eighth Tuesday and other candidates seeking public financing shall file those statements on or before the Friday next preceding said eighth Tuesday.
SECTION 47. The second paragraph of section 6 of said chapter 55C, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following 2 sentences:- Determination and certification of the eligibility of candidates shall be made by the director on the fourth Tuesday before the state election and shall be based solely upon information contained in such statements as have been filed by candidates. Candidates for governor and lieutenant governor seeking public financing shall file the statement on or before the Friday that is 11 days preceding said fourth Tuesday and other candidates seeking public financing shall file those statements on or before the Friday next preceding said fourth Tuesday.
SECTION 48. Section 2 of chapter 62 of the General Laws is hereby amended by inserting after the word “income”, in line 229, as so appearing, the following words:- ; provided, however, that Part B gross income shall include bribes, corrupt gifts and any income gained through illegal activities.
SECTION 49. Chapter 268 of the General Laws is hereby amended by inserting after section 13D the following section:-
Section 13E. (a) Whoever alters, destroys, mutilates or conceals a record, document or other object, or attempts to do so, with the intent to impair the record, document or object’s integrity or availability for use in an official proceeding, whether or not the proceeding is pending at that time, shall be punished by a fine of not more than $10,000 or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both such fine and imprisonment; provided, however, that if the official proceeding involves a violation of a criminal law, it shall be punished by a fine of not more than $25,000, or by imprisonment in the state prison for not more than 10 years, or in a jail or house of correction for not more than 2 1/2 years, or both such fine and imprisonment.
(b) For a prosecution under this section, the record, document or other object shall not be required to be admissible in evidence or free of a claim of privilege.
(c) For the purposes of this section “official proceeding” shall mean a proceeding before a court or a grand jury, or a proceeding before a state agency or commission, which proceeding is authorized by law and relates to an alleged violation of a criminal law or the laws and regulations enforced by the state ethics commission, the state secretary, the office of the inspector general or the office of campaign and political finance, for which the attorney general may issue a civil investigative demand.
(d) A prosecution under this section shall be brought in the county where the official proceeding was or would have been convened or where the alleged conduct constituting an offense occurred.
SECTION 50. The General Laws are hereby further amended by striking out chapter 268A and inserting in place thereof the following chapter:-
CHAPTER 268A
CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES.
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:—
“Compensation”, any money, thing of value or economic benefit conferred on or received by any person in return for services rendered or to be rendered by such person or another.
“Competitive bidding”, all bidding, where the same may be prescribed by applicable sections of the General Laws or otherwise, given and tendered to a state, county or municipal agency in response to an open solicitation for bids from the general public by public announcement or public advertising, where the contract is awarded to the lowest responsible bidder.
“County agency”, a department or office of county government and a division, board, bureau, commission, institution, tribunal or other instrumentality under the county government.
“County employee”, a person performing services for or holding an office, position, employment or membership in a county agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent or consultant basis.
“Immediate family”, the employee and his spouse and their parents, children, brothers and sisters.
“Municipal agency”, a department or office of a city or town government and a council, division, board, bureau, commission, institution, tribunal or other instrumentality under a city or town government.
“Municipal employee,” a person performing services for or holding an office, position, employment or membership in a municipal agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent or consultant basis, but excluding: (1) elected members of a town meeting; and (2) members of a charter commission established under Article LXXXIX of the Amendments to the Constitution.
“Official act”, a decision or action in a particular matter or in the enactment of legislation.
“Official responsibility”, the direct administrative or operating authority, whether intermediate or final, either exercisable alone or with others, and whether personal or through subordinates, to approve, disapprove or otherwise direct agency action.
“Participate”, engage in agency action or in a particular matter personally and substantially as a state, county or municipal employee, through approval, disapproval, decision, recommendation, the rendering of advice, investigation or otherwise.
“Particular matter”, a judicial or other proceeding, application, submission, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, decision, determination or finding; provided, however, that “particular matter” shall not include enactment of general legislation by the general court and petitions of cities, towns, counties and districts for special laws related to their governmental organizations, powers, duties, finances and property.
“Person who has been selected”, a person who has been nominated or appointed to be a state, county or municipal employee or has been officially informed that he will be so nominated or appointed.
“Special county employee”, a county employee who is performing services or holding an office, position, employment or membership for which no compensation is provided, or who is not an elected official and: (1) occupies a position which, by its classification in the county agency involved or by the terms of the contract or conditions of employment, permits personal or private employment during normal working hours, provided that disclosure of such classification or permission is filed in writing with the bureau of ethics and the office of the county commissioners prior to the commencement of any personal or private employment; or (2) in fact does not earn compensation as a county employee for an aggregate of more than 800 hours during the preceding 365 days. For this purpose, compensation by the day shall be considered as equivalent to compensation for 7 hours per day. A special county employee shall be in such a status on days for which he is not compensated as well as on days on which he earns compensation.
“Special municipal employee”, a municipal employee who is not a mayor, a member of the board of aldermen, a member of the city council, or a member of the board of selectmen in a town with a population in excess of 10,000 persons and whose position has been expressly classified by the city council, or board of aldermen if there is no city council, or board of selectmen, as that of a special employee under this chapter; provided, however, that a selectman in a town with a population of 10,000 or fewer persons shall be a special municipal employee without being expressly so classified. All employees who hold equivalent offices, positions, employment or membership in the same municipal agency shall have the same classification; provided, however, no municipal employee shall be classified as a special municipal employee unless the municipal employee occupies a position for which no compensation is provided or which, by its classification in the municipal agency involved or by the terms of the contract or conditions of employment, permits personal or private employment during normal working hours, or unless the municipal employee does not earn compensation as a municipal employee for an aggregate of more than 800 hours during the preceding 365 days. For this purpose, compensation by the day shall be considered as equivalent to compensation for 7 hours per day. A special municipal employee shall be in such status on days for which the special municipal employee is not compensated as well as on days on which the special municipal employee earns compensation. All employees of a city or town wherein no such classification has been made shall be deemed to be “municipal employees” and shall be subject to all of this chapter with respect thereto without exception.
“Special state employee”, a state employee who:
(1) is performing services or holding an office, position, employment or membership for which no compensation is provided; or
(2) who is not an elected official and
(a) occupies a position which, by its classification in the state agency involved or by the terms of the contract or conditions of employment, permits personal or private employment during normal working hours, provided that disclosure of such classification or permission is filed in writing with the bureau of ethics prior to the commencement of any personal or private employment; or
(b) in fact does not earn compensation as a state employee for an aggregate of more than 800 hours during the preceding 365 days; provided, however, that for this purpose, compensation by the day shall be considered as equivalent to compensation for 7 hours per day. A special state employee shall be in such a status on days for which the special state employee is not compensated as well as on days on which the special state employee earns compensation.
“State agency”, a department of state government, including the executive, legislative or judicial, and all councils thereof and thereunder, and any division, board, bureau, commission, institution, tribunal or other instrumentality within such department, and any independent state authority, district, commission, instrumentality or agency, but not an agency of a county, city or town.
“State employee”, a person performing services for or holding an office, position, employment, or membership in a state agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent or consultant basis, including members of the general court and executive council; provided, however, that no construction contractor or construction contractor’s personnel shall be deemed to be a state employee or special state employee for the purposes of this chapter as a result of participation in the engineering and environmental analysis for major construction projects either as a consultant or as part of a consultant group for the commonwealth; provided further, that such contractors or personnel may be awarded construction contracts by the commonwealth and may continue with outstanding construction contracts with the commonwealth during the period of such participation; and provided further, that no such contractor or personnel shall directly or indirectly bid on or be awarded a contract for any construction project if such contractor or personnel has participated in the engineering or environmental analysis thereof.
Section 2. (a) No person shall, directly or indirectly, corruptly give, offer or promise anything of value to a person who is or has been selected to be a state, county or municipal employee or a member of the judiciary nor shall any person, offer or promise a person who has been selected to be such an employee or member of the judiciary to give anything of value to any other person or entity with intent to:
(i) influence an official act or an act within the official responsibility of such employee or member of the judiciary or person who has been selected to be such employee or member of the judiciary;
(ii) influence any such employee or member of the judiciary or person who has been selected to be such employee or member of the judiciary to commit or aid in committing, or collude in or allow any fraud or make opportunity for the commission of any fraud on the commonwealth or a state, county or municipal agency; or
(iii) induce any such employee or member of the judiciary or person who has been selected to be such an employee or member of the judiciary to do or omit to do any act in violation of such person’s lawful duty.
(b) No person who is or has been selected to be a state, county or municipal employee or a member of the judiciary shall directly or indirectly corruptly ask, demand, exact, solicit, seek, accept, receive or agree to receive anything of value for such person or for any other person or entity, in return for;
(i) being influenced in such person’s performance of any official act or any act within such person’s official responsibility;
(ii) being influenced to commit or aid in committing, or to collude in or allow any fraud or make opportunity for the commission of any fraud on the commonwealth or on a state, county or municipal agency;
(iii) being induced to do or omit to do any acts in violation of such person’s official duties.
(c) No person shall directly or indirectly corruptly give, offer or promise anything of value to any other person with intent to influence the testimony under oath or affirmation of such other person as a witness upon a trial, or other proceeding, before any court, any committee of either house or both houses of the general court, or any agency, commission or officer authorized by the laws of the commonwealth to hear evidence or take testimony, or with intent to influence such witness to fail to testify at such trial or other proceeding.
(d) No person shall directly or indirectly corruptly ask, demand, exact, solicit, seek, accept, receive or agree to receive anything of value personally or for any other person or entity in return for influence upon the testimony under oath or affirmation of such person or any other person as a witness upon any such trial, hearing or other proceeding or in return for the failure of such witness to testify at such trial or proceeding.
(e) Subsections (c) and (d) shall not be construed to prohibit the payment or receipt of witness fees provided by law or the payment by the party upon whose behalf a witness is called and receipt by a witness of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing or proceeding or, in the case of expert witnesses involving a technical or professional opinion a reasonable fee for time spent in the preparation of such opinion, in appearing or testifying.
(f) Any person who knowingly violates this section shall be punished by a fine of not more than $100,000, or by imprisonment in the state prison for not more than 10 years, or in a jail or house of correction for not more than 2 1/2 years, or both such fine and imprisonment and, in the event of final conviction, shall be incapable of holding any office of honor, trust or profit under the commonwealth or under any state, county or municipal agency.
(g) In addition to the penalties under subsection (f), anyone who is the subject of a final conviction under subsections (a) to (d), inclusive, shall be incapable of holding any office of honor, trust or profit under the commonwealth or under any state, county or municipal agency.
Section 3. (a) No person shall, other than as provided by law for the proper discharge of official duty, directly or indirectly, give, offer or promise anything of substantial value to any present or former state, county or municipal employee or a member of the judiciary nor to any person who has been selected to be such an employee or member of the judiciary:
(i) for or because of any official act performed or to be performed by such an employee or member of the judiciary or person selected to be such an employee or member of the judiciary; or
(ii) to influence, or attempt to influence, an official action of the state, county or municipal employee or to any member of the judiciary.
(b) No present, or former state, county or municipal employee or member of the judiciary, nor any person who has been selected to be such an employee or member of the judiciary otherwise than as provided by law for the proper discharge of official duty, shall directly or indirectly, ask, demand, exact, solicit, seek, accept, receive or agree to receive anything of substantial value:
(i) for such employee or member of the judiciary for or because of any official act or act within such employee’s or member of the judiciary’s official responsibility performed or to be performed by such employee or member of the judiciary; or
(ii) to influence, or attempt to influence, such employee or member of the judiciary in an official act taken.
(c) No person shall directly or indirectly, give, offer or promise anything of substantial value to any other person, for or because of testimony under oath or affirmation given or to be given by such other person or any third person as a witness upon a trial, hearing or other proceeding, before any court, any committee of either house or both houses of the general court, or any agency, commission or officer authorized by the laws of the commonwealth to hear evidence or take testimony or for or because of such other person’s or third person’s failure to testify at such trial, hearing or other proceeding.
(d) No person shall directly or indirectly, ask, demand, exact, solicit, seek, accept, receive or agree to receive anything of substantial value for such person for or because of the testimony under oath or affirmation given or to be given by such person or any other person as a witness upon any such trial, hearing or other proceeding, or for or because of such person’s failure to testify at such trial, hearing, or other proceeding.
(e) Subsections (c) and (d) shall not prohibit the payment or receipt of witness fees provided by law or the payment by the party upon whose behalf a witness is called and receipt by a witness of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing or proceeding, or, in the case of expert witnesses, involving a technical or professional opinion, a reasonable fee for time spent in the preparation of such opinion, in appearing or testifying.
(f) Any person who knowingly violates any provision of this section shall be punished by a fine of not more than $25,000 or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 ½ years, or both.
Section 4. (a) No state employee shall otherwise than as provided by law for the proper discharge of such employee’s official duties, directly or indirectly receive or request compensation from anyone other than the commonwealth or a state agency, in relation to any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest.
(b) No person shall, otherwise than as provided by law for the proper discharge of the person’s official duties, directly or indirectly give, promise or offer such compensation.
(c) No state employee shall, otherwise than in the proper discharge of such employee’s official duties, act as agent or attorney for;
(i) anyone other than the commonwealth or a state agency for prosecuting any claim against the commonwealth or a state agency; or
(ii) anyone in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest.
(d) Whoever knowingly violates this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(e) Neither a member of the general court nor a member of the executive council shall be subject to subsections (a) or (c). However, no member of the general court or executive council shall personally appear for any compensation other than such member’s legislative or executive council salary before any state agency, unless:
(1) the particular matter before the state agency is ministerial in nature; or
(2) the appearance is before a court of the commonwealth; or
(3) the appearance is in a quasi-judicial proceeding.
(f) For the purposes of this subsection (e), ministerial functions include, but are not limited to, the filing or amendment of: tax returns, applications for permits or licenses, incorporation papers, or other documents. For the purposes of subsection (e), a proceeding shall be considered quasi-judicial if:
(1) the action of the state agency is adjudicatory in nature; and
(2) the action of the state agency in appealable to the courts; and
(3) both sides are entitled to representation by counsel and such counsel is neither the attorney general nor the counsel for the state agency conducting the proceeding.
(g) A special state employee shall be subject to subsections (a) and (c) only in relation to a particular matter;
(1) in which such employee has at any time participated as a state employee, or
(2) which is or within 1 year has been a subject of such employee’s official responsibility, or
(3) which is pending in the state agency in which such employee is serving, provided that this clause shall not apply in the case of a special state employee who serves as a special state employee for not more than 60 days during any period of 365 consecutive days.
(h) This section shall not prevent a state employee from taking uncompensated action, not inconsistent with the faithful performance of his duties, to aid or assist any person who is the subject of disciplinary or other personnel administration proceedings with respect to those proceedings.
(i) This section shall not prevent a state employee, including a special state employee, from acting, with or without compensation, as agent or attorney for or otherwise aiding or assisting members of such employee’s immediate family or any person for whom such employee is serving as guardian, executor, administrator, trustee or other personal fiduciary except in those matters in which such employee has participated or which are the subject of such employee’s official responsibility; provided, however, that the state official responsible for appointment to the employee’s position approves.
(j) This section shall not prevent a present or former special state employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the commonwealth; provided, however, that the head of the special state employee's department or agency has certified in writing that the interest of the commonwealth requires such aid or assistance and the certification has been filed with the state ethics commission.
(k) This section shall not prevent a state employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt.
(l) This section shall not prohibit a state employee from holding an elective or appointive office in a city, town or district, nor in any way prohibit such an employee from performing the duties of or receiving the compensation provided for such office. No such elected or appointed official may vote or act on any matter which is within the purview of the agency by which such official is employed or over which such employee has official responsibility.
(m) This section shall not prevent a state employee, other than an employee in the department of revenue, from requesting or receiving compensation from anyone other than the commonwealth in relation to the filing or amending of state tax returns.
Section 5. (a) A former state employee who knowingly acts as agent or attorney for, or receives compensation directly or indirectly from anyone other than the commonwealth or a state agency, in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest and in which the former state employee participated as a state employee while so employed shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(b) A former state employee who, within 1 year after such employee’s last employment with the state has ceased, appears personally before any court or agency of the commonwealth as agent or attorney for anyone other than the commonwealth in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest and which was under the former state employee’s official responsibility as a state employee at any time within a period of 2 years prior to the termination of the former state employee’s employment shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(c) A partner of a former state employee who knowingly engages, during a period of 1 year following the termination of the latter’s employment by the commonwealth, in any activity in which the former state employee is prohibited from engaging by subsection (a) shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(d) A partner of a state employee who knowingly acts as agent or attorney for anyone other than the commonwealth in connection with any particular matter in which the commonwealth or a state agency is a party or has a direct and substantial interest and in which the state employee participates or has participated as a state employee or which is the subject of the state employee’s official responsibility shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(e) A former state employee or elected official, including a former member of the general court, who acts as legislative or executive lobbyist, as defined in section 39 of chapter 3, for anyone other than the commonwealth or a state agency before the governmental body, as defined by the state ethics commission, with which the former state employee has been associated, within 1 year after the former state employee leaves that body shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(f) A former state employee whose salary was not less than that in step 1 of job group M-VII in the management salary schedule in section 46C of chapter 30, and who becomes an officer or employee of a business organization which is or was a party to any privatization contract as defined in section 53 of chapter 7 in which contract the state employee participated as such state employee, if the state employee becomes such officer or employee while the business organization is such a party or within 1 year after the state employee terminates such employee’s state employment, unless before the termination of the employee’s state employment the governor determines, in a writing filed with the state ethics commission, that such participation did not significantly affect the terms or implementation of such contract, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(g) If a partner of a member of the general court, a special state employee or of a former state employee is also a member of another partnership in which the member of the general court, special state employee or former employee has no interest, the activities of the latter partnership in which the member of the general court or special state employee or former state employee takes no part shall not be subject to subsections (c) or (d).
(h) This section shall not prevent a present or former special state employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the commonwealth; provided, however, that the head of the special state employee’s department or agency has certified in writing that the interest of the commonwealth requires such aid or assistance and the certification has been filed with the state ethics commission.
Section 6. Except as permitted by this section, any state employee who participates as an employee in a particular matter in which to the employee’s knowledge the employee, the employee’s immediate family or partner, a business organization in which the employee is serving as officer, director, trustee, partner or employee, or any person or organization with whom the employee is negotiating or has any arrangement concerning prospective employment, has a financial interest, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
Any state employee whose duties would otherwise require that employee to participate in such a particular matter shall advise the official responsible for appointment to the employee’s position and the state ethics commission of the nature and circumstances of the particular matter and shall make a full disclosure of such financial interest, and the appointing official shall thereupon either:
(1) assign the particular matter to another employee; or
(2) assume responsibility for the particular matter; or
(3) make a written determination that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the commonwealth may expect from the employee, in which case it shall not be a violation for the employee to participate in the particular matter. Copies of such written determination shall be forwarded to the state employee and filed with the state ethics commission by the person who made the determination. Such copy shall be retained by the commission for a period of 6 years.
Section 6A. Any public official, as defined by section 1 of chapter 268B, who in the discharge of the public official’s official duties would be required to knowingly take an action which would substantially affect such official’s financial interests, shall file a written description of the required action and the potential conflict of interest with the state ethics commission established by chapter 268B unless the effect on such an official is no greater than the effect on the general public.
Section 7. (a) A state employee who has a financial interest, directly or indirectly, in a contract made by a state agency, in which the commonwealth or a state agency is an interested party, of which interest the state employee knows or has reason to know, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both
(b) This section shall not apply if such financial interest consists of the ownership of less than 1 per cent of the stock of a corporation.
(c) This section shall not apply to;
(1) a state employee who in good faith and within 30 days after the employee learns of an actual or prospective violation of this section makes a full disclosure of the employee’s financial interest to the contracting agency and terminates or disposes of the interest;
(2) a state employee other than a member of the general court who is not employed by the contracting agency or an agency which regulates the activities of the contracting agency and who does not participate in or have official responsibility for any of the activities of the contracting agency, if the contract is made after public notice or through competitive bidding, where applicable, and if the state employee files with the state ethics commission a statement making full disclosure of the employee’s interest and the interests of the employee’s immediate family in the contract, and if in the case of a contract for personal services;
(A) the services will be provided outside the normal working hours of the state employee;
(B) the services are not required as part of the state employee’s regular duties, the employee is compensated for not more than 500 hours during a calendar year; and
(C) the head of the contracting agency makes and files with the state ethics commission a written certification that no employee of that agency is available to perform those services as a part of the employee’s regular duties;
(3) the interest of a member of the general court in a contract made by an agency other than the general court or either branch thereof, if;
(A) the member’s direct and indirect interests and those of the member’s immediate family in the corporation or other commercial entity with which the contract is made do not in the aggregate amount to 10 per cent of the total proprietary interests therein;
(B) the contract is made through competitive bidding; and
(C) the member files with the state ethics commission a statement making full disclosure of the member’s interest and the interests of the member’s immediate family;
(4) to a special state employee who does not participate in or have official responsibility for any of the activities of the contracting agency and who files with the state ethics commission a statement making full disclosure of the special state employee’s interest and the interests of the special state employee’s immediate family in the contract; or
(5) to a special state employee who files with the bureau of ethics a statement making full disclosure of the special state employee’s interest and the interests of the special state employee’s immediate family in the contract, if the governor with the advice and consent of the executive council exempts the special state employee.
(d) This section shall not apply to a state employee who provides services or furnishes supplies, goods and materials to a recipient of public assistance; provided, however, that such services or such supplies, goods and materials are provided in accordance with a schedule of charges promulgated by the department of transitional assistance or the division of health care policy and finance; and provided further, that such recipient has the right under law to choose and in fact does choose the person or firm that will provide such services or furnish such supplies, goods and materials.
(e) This section shall not prohibit a state employee from teaching or performing other related duties in an educational institution of the commonwealth; provided, however, that such employee does not participate in, or have official responsibility for, the financial management of such educational institution; and provided, further, that such employee is so employed on a part-time basis. Such employee may be compensated for such services, notwithstanding the provisions of section 21 of chapter 30.
(f) This section shall not prohibit a state employee from being employed on a part-time basis by a facility operated or designed for the care of mentally ill or developmentally disabled persons, public health, correctional facility or any other facility principally funded by the state which provides similar services and which operates on an uninterrupted and continuous basis; provided, however, that such employee does not participate in, or have official responsibility for, the financial management of such facility, that the employee is compensated for such part-time employment for not more than 4 hours in any day in which the employee is otherwise compensated by the commonwealth, and at a rate which does not exceed that of a state employee classified in step 1 of job group XX of the general salary schedule contained in section 46 of chapter 30 and that the head of the facility makes and files with the state ethics commission a written certification that there is a critical need for the services of the employee. Such employee may be compensated for such services, notwithstanding the provisions of section 21 of chapter 30.
(g) This section shall not preclude an officer or employee of the Massachusetts Port Authority from eligibility for any residential sound insulation program administered by that Authority; provided, however, that any such officer or employee has no responsibility for the administration of the program.
Section 8. (a) No state, county or municipal employee and no person acting or purporting to act on behalf of such employee, or any state, county or municipal agency, shall with respect to any public building or construction contract which is about to be competitively bid or which has been competitively bid, require the bidder to make application to or furnish financial data to, or to obtain, or procure, any of the surety bonds or insurance specified in connection with such contract or specified by any law from any particular insurance or surety company, agent, or broker. This section shall not prevent the exercise by such employee on behalf of a state, county, or municipal agency of its right to approve the form, sufficiency or manner of execution of the surety bonds and insurance furnished by the insurance or surety company selected by the bidder to underwrite the insurance and bonds. Any provisions in any invitation for bids or in any of the contract documents, in conflict with this section are hereby declared to be contrary to the public policy of this commonwealth.
(b) Whoever knowingly violates any provision of this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both
Section 8A. No member of a state commission or board shall be eligible for appointment or election by the members of such commission or board to any office or position under the supervision of such commission or board. No former member of such commission or board shall be so eligible until the expiration of 30 days from the termination of his service as a member of such commission or board.
Section 8B. No member of the commonwealth utilities commission, appointed pursuant to section 2 of chapter 25, or the commissioner of telecommunications and cable shall, within 1 year after the member’s service has ceased or terminated on said commission, be employed by, or lobby said commission on behalf of, any company or regulated industry over which said commission had jurisdiction during the tenure of such member of the commission.
Section 9. (a) In addition to any other remedies provided by law, any violation of sections 2 to 8, inclusive, or section 23, which has substantially influenced the action taken by any state agency in any particular matter, shall be grounds for avoiding, rescinding or canceling the action on such terms as the interests of the commonwealth and innocent third persons require.
(b) In addition to the remedies set forth in subsection (a), the state ethics commission upon a finding pursuant to an adjudicatory proceeding that a person has acted to such person’s economic advantage in violation of sections 2 to 8, inclusive, or section 23 may issue an order;
(1) requiring the violator to pay the commission on behalf of the commonwealth damages in the amount of the economic advantage or $500, whichever is greater; and
(2) requiring the violator to make restitution to an injured third party.
If there has been no final criminal judgment of conviction or acquittal of the same violation, upon receipt of the written approval of the attorney general, the state ethics commission may order payment of additional damages in an amount not exceeding twice the amount of the economic advantage or $500, and payment of such additional damages shall bar any criminal prosecution for the same violation.
The maximum damages that the commission may order a violator to pay under this section shall be $25,000. If the commission determines that the damages authorized by this section exceed $25,000, it may bring a civil action against the violator to recover such damages.
(c) The remedies authorized by this section shall be in addition to any civil penalty imposed by the state ethics commission in accordance with clause (3) of subsection (i) of section 4 of chapter 268B.
Section 10. The state ethics commission shall issue opinions interpreting the requirements of this chapter in accordance with subsection (g) of section 3 of chapter 268B.
Section 11. (a) No county employee shall, otherwise than as provided for the proper discharge of official duties, directly or indirectly receive or request compensation from anyone other than a county or a county agency in relation to any particular matter in which a county agency is a party or has a direct and substantial interest.
(b) No person shall, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly give, promise or offer such compensation.
(c) No county employee shall, otherwise than as provided by law for the proper discharge of official duties, act as agent or attorney for;
(1) anyone other than a county or a county agency in prosecuting any claim against a county or county agency; or
(2) for anyone in connection with any particular matter in which a county or county agency is a party or has a direct and substantial interest.
(d) Whoever knowingly violates any provision of this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(e) A county employee shall be subject to subsections (a) and (c) only in relation to the county of which the county employee is an employee. A special county employee shall be subject to said subsections (a) and (c) only in relation to a particular matter;
(1) in which the county employee has at any time participated as a county employee;
(2) which is or within 1 year has been a subject of the county employee’s official responsibility; or
(3) which is pending in the county agency in which the county employee is serving, provided that this clause shall not apply in the case of a county employee who serves for not more than 60 days during any period of 365 consecutive days.
(f) This section shall not prevent a county employee from taking uncompensated action, not inconsistent with the faithful performance of the county employee’s duties, to aid or assist any person who is the subject of disciplinary or other personnel administration proceedings with respect to those proceedings.
(g) This section shall not prevent a county employee, including a special county employee, from acting, with or without compensation, as agent or attorney for or otherwise aiding or assisting members of the employee’s immediate family or any person for whom the employee is serving as guardian, executor, administrator, trustee or other personal fiduciary except in those matters in which the employee has participated or which are the subject of the employee’s official responsibility; provided, however, that the state or county official responsible for appointment to the employee’s position approves.
(h) This section shall not prevent a present or former special county employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the county; provided, however, that the head of the special county employee’s department or agency has certified in writing that the interest of the county requires such aid or assistance and the certification has been filed with the state ethics commission. The certification shall be open to public inspection.
(i) This section shall not prevent a county employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt.
(j) This section shall not prohibit a county employee from holding an elective or appointive office in a city, town or district nor in any way prohibit such an employee from performing the duties or receiving the compensation provided for such office. No such elected or appointed official may vote or act on any matter which is within the purview of the agency by which the employee is employed or over which such employee has official responsibility.
Section 12. (a) No former county employee shall act as agent or attorney for, or receive compensation directly or indirectly from, anyone other than a county or a county agency in connection with any particular matter in which the county or a county agency of the same county is a party or has a direct and substantial interest and in which the former county employee participated as a county employee while so employed.
(b) No former county employee shall, within 1 year after the employee’s last county employment has ceased, appear personally before any agency of the county as agent or attorney for anyone other than the county in connection with any particular matter in which the county or a county agency of the same county is a party or has a direct and substantial interest and which was under the employee’s official responsibility as a county employee at any time within a period of 2 years prior to the termination of the employee’s employment.
(c) No partner of a former county employee shall engages, during a period of 1 year following the termination of the latter’s employment by the county, in any activity in which the former county employee is prohibited from engaging by subsection (a).
(d) No partner of a county employee shall act as agent or attorney for anyone other than the county in connection with any particular matter in which the county or a county agency of the same county is a party or has a direct and substantial interest and in which the county employee participates or has participated as a county employee or which is the subject of the county employee’s official responsibility.
(e) Anyone who knowingly violates this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(f) If a partner of a special county employee or of a former county employee is also a member of another partnership in which the special or former employee has no interest, activities of the latter partnership in which the special or former employee takes no part shall not thereby be subject to subsections (c) or (d).
(g) This section shall not prevent a present or former special county employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the county; provided, however, that the head of the special county employee’s department or agency has certified in writing that the interest of the county requires such aid or assistance and the certification has been filed with the state ethics commission. The certification shall be open to public inspection.
Section 13. (a) Except as permitted by subsection (b), a county employee who participates as such an employee in a particular matter in which, to the employee’s knowledge, the employee, the employee’s immediate family or partner, a business organization which the employee is serving as officer, director, trustee, partner or employee or any person or organization with whom the employee is negotiating or has any arrangement concerning prospective employment, has a financial interest, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(b) Any county employee whose duties would otherwise require such employee to participate in such a particular matter shall advise the official responsible for appointment to the employee’s position and the state ethics commission of the nature and circumstances of the particular matter and make full disclosure of such financial interest, and the appointing official shall thereupon either:
(1) assign the particular matter to another employee;
(2) assume responsibility for the particular matter; or
(3) make a written determination that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the county may expect from the employee, in which case it shall not be a violation for the employee to participate in the particular matter. Copies of such written determination shall be forwarded to the county employee and filed with the state ethics commission by the person who made the determination. Such copy shall be retained by the commission for a period of 6 years.
Section 14. A county employee who has a financial interest, directly or indirectly, in a contract made by a county agency of the same county, in which the county or a county agency is an interested party of which financial interest the county employee has knowledge or has reason to know, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
This section shall not apply if such financial interest consists of the ownership of less than 1 per cent of the stock of a corporation.
This section shall not apply to a:
(a) county employee who in good faith and within 30 days after the employee learns of an actual or prospective violation of this section makes full disclosure of the employee’s financial interest to the contracting agency and terminates or disposes of the interest;
(b) county employee who does not participate in or have official responsibility for any of the activities of the contracting agency, if the contract is made through competitive bidding and the county employee’s direct and indirect interests and those of the county employee’s immediate family in the corporation or other commercial entity with which the contract is made do not in the aggregate amount to 10 per cent of the total proprietary interests therein; or
(c) special county employee who does not participate in or have official responsibility for any of the activities of the contracting agency and who files with the state ethics commission a statement making full disclosure of the special county employee’s interest and the interests of the special county employee’s immediate family in the contract, if the county commissioners approve the exemption of the special county employee’s interest from this section.
Section 15. (a) In addition to any other remedies provided by law, a violation of section 2, 3, 8, or sections 11 to 14, inclusive, or section 23, which has substantially influenced the action taken by any county agency in any particular matter, shall be grounds for avoiding, rescinding, or canceling the action on such terms as the interests of the county and innocent third persons require.
(b) In addition to the remedies set forth in subsection (a),the state ethics commission, upon a finding pursuant to an adjudicatory proceeding that a person has acted to such person’s economic advantage in violation of section 2, 3, 8, or sections 11 to 14, inclusive, or section 23 may issue an order;
(1) requiring the violator to pay the commission on behalf of the county damages in the amount of the economic advantage or $500, whichever is greater; and
(2) requiring the violator to make restitution to an injured third party.
If there has been no final criminal judgment of conviction or acquittal of the same violation, upon receipt of the written approval of the attorney general and the district attorney, the state ethics commission may order payment of additional damages in an amount not exceeding twice the amount of the economic advantage or $500, and payment of such additional damages shall bar any criminal prosecution for the same violation.
The maximum damages that the commission may order a violator to pay under this section shall be $25,000. If the commission determines that the damages authorized by this section exceed $25,000, it may bring a civil action against the violator to recover such damages.
(c) The remedies authorized by this section shall be in addition to any civil penalty imposed by the commission under clause (3) of subsection (i) of section 4 of chapter 268B.
Section 15A. No member of a county commission or board shall be eligible for appointment or election by the members of such commission or board to any office or position under the supervision of such commission or board. No former member of such commission or board shall be so eligible until the expiration of 30 days from the termination of such member’s service as a member of such commission or board.
Section 17. (a) No municipal employee shall, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly receive or request compensation from anyone other than the city or town or municipal agency in relation to any particular matter in which the same city or town is a party or has a direct and substantial interest.
(b) No person shall, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly give, promise or offer such compensation.
(c) No municipal employee shall, otherwise than in the proper discharge of the employee’s official duties, act as agent or attorney for anyone;
(1) other than the city or town or municipal agency in prosecuting any claim against the same city or town; or
(2) in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest.
Anyone who knowingly violates any provision of this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(d) A special municipal employee shall be subject to subsections (a) and (c) only in relation to a particular matter;
(1) in which the special municipal employee has at any time participated as a municipal employee;
(2) which is or within 1 year has been a subject of the special municipal employee’s official responsibility; or
(3) which is pending in the municipal agency in which the special municipal employee is serving. However, this clause shall not apply in the case of a special municipal employee who serves for not more than 60 days during any period of 365 consecutive days.
(e) This section shall not prevent a municipal employee from taking uncompensated action, not inconsistent with the faithful performance of his duties, to aid or assist any person who is the subject of disciplinary or other personnel administration proceedings with respect to those proceedings.
(f) This section shall not prevent a municipal employee, including a special municipal employee, from acting, with or without compensation, as agent or attorney for or otherwise aiding or assisting members of the employee’s immediate family or any person for whom the employee is serving as guardian, executor, administrator, trustee or other personal fiduciary except in those matters in which the employee has participated or which are the subject of the employee’s official responsibility; provided, however, that the official responsible for appointment to the employee’s position approves.
(g) This section shall not prevent a present or former special municipal employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the city or town; provided, however, that the head of the special municipal employee’s department or agency has certified in writing that the interest of the city or town requires such aid or assistance and the certification has been filed with the clerk of the city or town. The certification shall be open to public inspection.
(h) This section shall not prevent a municipal employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt.
(i) This section shall not prevent a municipal employee from applying on behalf of anyone for a building, electrical, wiring, plumbing, gas fitting or septic system permit, nor from receiving compensation in relation to any such permit, unless such employee is employed by or provides services to the permit-granting agency or an agency that regulates the activities of the permit-granting agency.
Section 18. (a) No former municipal employee shall act as agent or attorney for, or receives compensation, directly or indirectly from anyone other than the same city or town in connection with any particular matter in which the city or town is a party or has a direct and substantial interest and in which the former municipal employee participated as a municipal employee while so employed.
(b) No former municipal employee shall, within 1 year after the former municipal employee’s last municipal employment has ceased, appear personally before any agency of the city or town as agent or attorney for anyone other than the city or town in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest and which was under the former municipal employee’s official responsibility as a municipal employee at any time within a period of 2 years prior to the termination of the former municipal employee’s employment.
(c) No partner of a former municipal employee who shall engage, during a period of 1 year following the termination of the latter’s employment by the city or town, in any activity in which the former municipal employee is prohibited from engaging by subsection (a).
(d) No partner of a municipal employee shall act as agent or attorney for anyone other than the city or town in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest and in which the municipal employee participates or has participated as a municipal employee or which is the subject of the municipal employee’s official responsibility.
(e) Anyone who knowingly violates any provision of this section shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both
(f) If a partner of a former municipal employee or of a special municipal employee is also a member of another partnership in which the former or special employee has no interest, the activities of the latter partnership in which the former or special employee takes no part shall not thereby be subject to subsection (c) or (d).
(g) Notwithstanding subsection (b), a former town counsel who acted in such capacity on a salary or retainer of less than $2,000 per year shall be prohibited from appearing personally before any agency of the city or town as agent or attorney for anyone other than the city or town only in connection with any particular matter in which the same city or town is a party or has a direct and substantial interest and in which the former town counsel participated while so employed.
(h) This section shall not prevent a present or former special municipal employee from aiding or assisting another person for compensation in the performance of work under a contract with or for the benefit of the city or town; provided, that the head of the special municipal employee’s department or agency has certified in writing that the interest of the city or town requires such aid or assistance and the certification has been filed with the clerk of the city or town. The certification shall be open to public inspection.
Section 19. (a) Except as permitted by subsection (b), a municipal employee who participates as such an employee in a particular matter in which to the municipal employee’s knowledge the municipal employee, the municipal employee’s immediate family or partner, a business organization in which the municipal employee is serving as officer, director, trustee, partner or employee, or any person or organization with whom the municipal employee is negotiating or has any arrangement concerning prospective employment, has a financial interest, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(b) It shall not be a violation of this section if:
(1) the municipal employee first advises the official responsible for appointment to the municipal employee’s position of the nature and circumstances of the particular matter and makes full disclosure of such financial interest, and receives in advance a written determination made by that official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee;
(2) in the case of an elected municipal official making demand bank deposits of municipal funds, said official first files, with the clerk of the city or town, a statement making full disclosure of such financial interest; or
(3) the particular matter involves a determination of general policy and the interest of the municipal employee or members of the municipal employee’s immediate family is shared with a substantial segment of the population of the municipality.
Section 20. (a) A municipal employee who has a financial interest, directly or indirectly, in a contract made by a municipal agency of the same city or town, in which the city or town is an interested party of which financial interest the municipal employee has knowledge or has reason to know, shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
(b) This section shall not apply if such financial interest consists of the ownership of less than 1 per cent of the stock of a corporation.
(c) This section shall not apply to:
(1) a municipal employee who in good faith and within 30 days after the municipal employee learns of an actual or prospective violation of this section makes full disclosure of the municipal employee’s financial interest to the contracting agency and terminates or disposes of the interest;
(2) a municipal employee who is not employed by the contracting agency or an agency which regulates the activities of the contracting agency and who does not participate in or have official responsibility for any of the activities of the contracting agency, if the contract is made after public notice or through competitive bidding, where applicable, and if the municipal employee files with the clerk of the city or town a statement making full disclosure of the municipal employee’s interest and the interest of the municipal employee’s immediate family in the contract, and if in the case of a contract for personal services;
(A) the services will be provided outside the normal working hours of the municipal employee;
(B) the services are not required as part of the municipal employee’s regular duties, the employee is compensated for not more than 500 hours during a calendar year;
(C) the head of the contracting agency makes and files with the clerk of the city or town a written certification that no employee of that agency is available to perform those services as part of the employee’s regular duties; and
(D) the city council, board of selectmen or board of aldermen approve the exemption of the municipal employee’s interest from this section;
(3) a special municipal employee who does not participate in or have official responsibility for any of the activities of the contracting agency and who files with the clerk of the city or town a statement making full disclosure of the special municipal employee’s interest and the interests of the special municipal employee’s immediate family in the contract;
(4) a special municipal employee who files with the clerk of the city, town or district a statement making full disclosure of the special municipal employee’s interest and the interests of the special municipal employee’s immediate family in the contract, if the city council or board of aldermen, if there is no city council, board of selectmen or the district prudential committee, approve the exemption of the special municipal employee’s interest from this section;
(5) a municipal employee who receives benefits from programs funded by the United States or any other source in connection with the rental, improvement, or rehabilitation of the municipal employee’s residence to the extent permitted by the funding agency;
(6) a municipal employee if the contract is for personal services in a part-time, call or volunteer capacity with the police, fire, rescue or ambulance department of a fire district, town or any city with a population of less than 35,000 inhabitants; provided, however, that the head of the contracting agency makes and files with the clerk of the city, district or town a written certification that no employee of said agency is available to perform such services as part of the employee’s regular duties, and the city council, board of selectmen, board of aldermen or district prudential committee approve the exemption of the municipal employee’s interest from this section;
(7) a municipal employee who has applied in the usual course and is otherwise eligible for a housing subsidy program administered by a local housing authority, unless the employee is employed by the local housing authority in a capacity in which the municipal employee has responsibility for the administration of such subsidy programs; or
(8) a municipal employee who is the owner of residential rental property and rents such property to a tenant receiving a rental subsidy administered by a local housing authority, unless such employee is employed by such local housing authority in a capacity in which the municipal employee has responsibility for the administration of such subsidy programs.
(d) This section shall not prohibit an employee or an official of a town from holding the position of selectman in such town nor in any way prohibit such employee from performing the duties of or receiving the compensation provided for such office; provided, however, that such selectman shall not, except as hereinafter provided,
(1) receive compensation for more than 1 office or position held in a town, but shall have the right to choose which compensation the employee shall receive;
(2) vote or act on any matter which is within the purview of the agency by which the employee is employed or over which the employee has official responsibility; or
(3) be eligible for appointment to any such additional position while the selectman is still a member of the board of selectmen or for 6 months thereafter.
(4) Any violation of this subsection (d) which has substantially influenced the action taken by any municipal agency in any matter shall be grounds for avoiding, rescinding or canceling the action on such terms as the interest of the municipality and innocent third parties may require.
(e) This section shall not prohibit any elected official in a town, whether compensated or uncompensated for such elected position, from holding 1 or more additional elected positions, in such town, whether such additional elected positions are compensated or uncompensated.
(f) This section shall not prohibit an employee of a municipality with a city or town council form of government from holding the elected office of councillor in such municipality, nor in any way prohibit such an employee from performing the duties of or receiving the compensation provided for such office; provided, however, that no such councillor;
(1) shall receive compensation for more than 1 office or position held in a municipality, but shall have the right to choose which compensation such councillor shall receive;
(2) may vote or act on any matter which is within the purview of the agency by which the councillor is employed or over which the councillor has official responsibility; or
(3) shall be eligible for appointment to such additional position while a member of said council or for 6 months thereafter.
(4) Any violation of subsection (f) which has substantially influenced the action taken by a municipal agency in any matter shall be grounds for avoiding, rescinding or cancelling such action on such terms as the interest of the municipality and innocent third parties require. .
(g) This section shall not prohibit an employee of a housing authority in a municipality from holding any elective office, other than the office of mayor, in such municipality nor in any way prohibit such employee from performing the duties of or receiving the compensation provided for such office; provided, however, that such elected officer shall not, except as otherwise expressly provided;
(1) receive compensation for more than 1 office or position held in a municipality, but shall have the right to choose which compensation such elected officer shall receive;
(2) vote or act on any matter which is within the purview of the housing authority by which the elected official is employed;
(3) be eligible for appointment to any such additional position while the elected official is still serving in such elective office or for 6 months thereafter.
(4) Any violation of subsection (g) which has substantially influenced the action taken by the housing authority in any matter shall be grounds for avoiding, rescinding or cancelling the action on such terms as the interest of the municipality and innocent third parties may require.
(h) This section shall not prohibit an employee in a town having a population of less than 3,500 persons from holding more than 1 appointed position with said town; provided, however that the board of selectmen of said town approves the exemption of the employee’s interest from this section.
Section 21. (a) In addition to any other remedies provided by law, a finding by the commission pursuant to an adjudicatory proceeding that there has been any violation of section 2, 3, 8, or sections 17 to 20, inclusive, which has substantially influenced the action taken by any municipal agency in any particular matter, shall be grounds for avoiding, rescinding, or canceling the action of said municipal agency upon request by said municipal agency on such terms as the interests of the municipality and innocent third persons require.
(b) In addition to the remedies set forth in subsection (a) , the commission may, upon a finding pursuant to an adjudicatory proceeding that a person has acted to his economic advantage in violation of section 2, 3, 8, sections 17 to 20, inclusive, or section 23, may issue an order;
(1) requiring the violator to pay the commission on behalf of the municipality damages in the amount of the economic advantage or $500, whichever is greater; and
(2) requiring the violator to make restitution to an injured third party.
If there has been no final criminal judgment of conviction or acquittal of the same violation, upon receipt of the written approval of the district attorney, the commission may order payment of additional damages in an amount not exceeding twice the amount of the economic advantage or $500, and payment of such additional damages shall bar any criminal prosecution for the same violation.
The maximum damages that the commission may order a violator to pay under this section shall be $25,000. If the commission determines that the damages authorized by this section exceed $25,000, it may bring a civil action against the violator to recover such damages.
(c) The remedies authorized by this section shall be in addition to any civil penalty imposed by the commission in accordance with clause (3) of subsection (i) of section 4 of chapter 268B.
Section 21A. Except as hereinafter provided, no member of a municipal commission or board shall be eligible for appointment or election by the members of such commission or board to any office or position under the supervision of such commission or board. No former member of such commission or board shall be so eligible until the expiration of 30 days from the termination of the member’s service as a member of such commission or board.
This section shall not apply to a member of a town commission or board, if such appointment or election has first been approved at an annual town meeting of the town.
Section 21B. No mayor, city manager or town manager shall require a prospective appointee to a board, commission or position under such mayor or manager’s jurisdiction to submit as a condition precedent to the appointment an undated resignation from said board, commission or position. Whoever violates this section shall be punished by a fine of not more than $500.
Section 22. Any municipal employee shall be entitled to the opinion of the corporation counsel, city solicitor or town counsel upon any question arising under this chapter relating to the duties, responsibilities and interests of such employee. All requests for such opinions by a subordinate municipal employee shall be made in confidence directly to the chief officer of the municipal agency in which the employee is employed, who shall in turn request in confidence such opinion of the corporation counsel, city solicitor or town counsel on behalf of such subordinate municipal employee, and all constitutional officers and chief officers or heads of municipal agencies may make direct confidential requests for such opinions on their own account. The town counsel or city solicitor shall file such opinion in writing with the city or town clerk and such opinion shall be a matter of public record; provided, however, no opinion shall be rendered by the town counsel or city solicitor except upon the submission of detailed existing facts which raise a question of actual or prospective violation of any provision of this chapter.
Section 23. (a) In addition and in supplement to this chapter, standards of conduct, as hereinafter set forth, are hereby established for all state, county, and municipal employees.
(b) No current officer or employee of a state, county or municipal agency shall knowingly, or with reason to know:
(1) accept other employment involving compensation of substantial value, the responsibilities of which are inherently incompatible with the responsibilities of the current officer or employee’s public office or position;
(2) solicit or receive anything of substantial value for such officer or employee, for or because of, the officer or employee’s official position which is not properly available to individuals in other positions or affirmatively use or attempt to use such official position to secure for such officer, employee or others unwarranted privileges or exemptions which are of substantial value and which are not properly available to similarly situated individuals;
(3) act in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy the officer or employee’s favor in the performance of the officer or employee’s official duties or that the officer or employee is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person. It shall be unreasonable to so conclude if such officer or employee has disclosed in writing to the officer or employee’s appointing authority or, if no appointing authority exists, has disclosed in a manner which is public in nature, the facts which would otherwise lead to such a conclusion; or
(4) present a false or fraudulent claim to his employer for any payment or benefit of substantial value.
(c) No current or former officer or employee of a state, county or municipal agency shall knowingly, or with reason to know:
(1) accept employment or engage in any business or professional activity which will require the officer or employee to disclose confidential information which the officer or employee has gained by reason of such officer or employee’s official position or authority; or
(2) improperly disclose materials or data within the exemptions to the definition of public records as defined by section 7 of chapter 4, and were acquired by the officer or employee in the course of the officer or employee’s official duties nor use such information to further the officer or employee’s personal interest.
(d) Any activity specifically exempted from any of the prohibitions of this chapter shall be exempt from the provisions of this section. The bureau of ethics, established by chapter 12C, shall not enforce this section with respect to any such exempted activity.
(e) Where a current employee is found to have violated the provisions of this section, appropriate administrative action as is warranted may also be taken by the appropriate constitutional officer, by the head of a state, county or municipal agency. Nothing in this section shall preclude any such constitutional officer or head of such agency from establishing and enforcing additional standards of conduct.
Section 23A. (a) No trustee, other than an elected student trustee, of any public institution of higher education operated by the commonwealth shall be eligible to be appointed to or hold any other office or position with that institution for a period of 3 years after the termination of the trustee’s services as such trustee.
(b) No elected student trustee of any public institution of higher education operated by the commonwealth, shall be eligible to be appointed to or hold any other office or position with that institution for a period of 1 year after the termination of the student trustee’s services as such trustee; provided, however, that any such elected student trustee may accept and hold part-time employment at that institution while a student thereat.
(c) Notwithstanding subsection (a) and (b), a trustee may be appointed to or hold an unpaid office or position with the trustee’s former institution after the trustee’s services as such trustee.
Section 24. All disclosures and certifications provided for and made in accordance with this chapter shall be made in writing and, unless otherwise specifically provided in this chapter, shall be kept open to inspection by the public by the official with whom such disclosure has been filed.
Section 25. (a) An officer or employee of a county, city, town or district, however formed, including, but not limited to, regional school districts and regional planning districts, or of any department, board, commission or agency thereof may, during any period such officer or employee is under indictment for misconduct in such office or employment or for misconduct in any elective or appointive public office, trust or employment at any time held by the officer or employee, be suspended by the appointing authority, whether or not such appointment was subject to approval in any manner.
(b) Notice of said suspension shall be given in writing and delivered in hand to person or the person’s attorney, or sent by registered mail to the officer or employee at the person’s:
(1) residence,
(2) place of business; or
(3) the office or place of employment from which the officer or employee is being suspended. Such notice so given, delivered or sent shall automatically suspend the authority of such person to perform the duties of the person’s office or employment until such person is notified in like manner that the person’s suspension is removed.
(c) A copy of any such notice together with an affidavit of service shall be filed as follows:
(1) in the case of a county, with the clerk of the superior court of the county in which the officer or employee is employed;
(2) in the case of a city, with the city clerk;
(3) in the case of a town, with the town clerk;
(4) in the case of a regional school district, with the secretary of the regional school district; and
(5) in the case of all other districts, with the clerk of the district.
(d) Any person suspended under this section shall not receive any compensation or salary during the period of suspension, nor shall the period of such person’s suspension be counted in computing such person’s sick leave or vacation benefits or seniority rights, nor shall any person who retires from service while under such suspension be entitled to any pension or retirement benefits, notwithstanding any contrary provisions of law, but all contributions paid by such person into a retirement fund, if any, shall be returned to the person, subject to section 15 of chapter 32.
(e) The employer of a person so suspended shall immediately notify the retirement system of which the person is a member of the suspension and shall notify the retirement board of the outcome of any charges brought against the individual.
(f) A suspension under this section shall not be used to prejudice the rights of the suspended person either civilly or criminally.
(g) During the period of any such suspension, the appointing authority may fill the position of the suspended officer or employee on a temporary basis and the temporary officer or employee shall have all the powers and duties of the officer or employee suspended.
(h) Any such temporary officer or employee who is appointed as a member of a board, commission or agency may be designated as chairman.
(i) If the criminal proceedings against the person suspended are terminated without a finding or verdict of guilty on any of the charges on which such person was indicted, such person’s suspension shall be forthwith removed and such person shall receive all compensation or salary due to the person for the period of such person’s suspension and the time of such person’s suspension shall count in determining sick leave, vacation, seniority and other rights, and shall be counted as creditable service for purposes of retirement.
Section 26. (a) The commission shall prepare, and update as necessary, summaries of this chapter for state, county, and municipal employees, respectively, which the commission shall publish on its official website.
(b) Every state, county, and municipal employee shall, within 30 days of becoming such an employee, and on an annual basis thereafter, be furnished with a summary of this chapter prepared by the commission and shall sign a written acknowledgment that the employee has been provided with such a summary.
(c) Municipal employees shall be furnished with the summary by, and file an acknowledgment with, the city or town clerk.
(d) Appointed state and county employees shall be furnished with the summary by, and file an acknowledgment with, the employee’s appointing authority or the appointing authority’s designee.
(e) Elected state and county employees shall be furnished with the summary by, and file an acknowledgment with, the commission.
(f) The commission shall establish procedures for implementing this section and ensuring compliance.
Section 27. (a) The state ethics commission shall prepare and update from time to time the following online training programs, which the commission shall publish on its official website:
(1) a program which shall provide a general introduction to the requirements of this chapter; and
(2) a program which shall provide information on the requirements of this chapter applicable to former state, county, and municipal employees.
(b) Every state, county, and municipal employee shall, within 30 days after becoming such an employee, and every 2 years thereafter, complete the online training program established under clause (1) of subsection (a). Upon completion of the online training program, the employee shall provide notice of such completion to be retained for 6 years by the appropriate employer.
(c) For the purposes of subsection (b), the appropriate employer shall be:
(1) the city or town clerk for municipal employees;
(2) the appointing authority or such authority’s designee for appointed state and county employees; or
(3) the state ethics commission for elected state and county employees.
(d) The commission shall establish procedures for implementing this section and ensuring compliance.
Section 28. Each municipality, acting through its city council, board of selectmen, or board of aldermen, shall designate a senior level employee of the municipality as its liaison to the state ethics commission. The municipality shall notify the commission in writing of any change to such designation within 30 days of a change. The commission shall disseminate information to the designated liaisons and conduct educational seminars for designated liaisons on a regular basis on a schedule to be determined by the commission in consultation with the municipalities.
SECTION 51. The General Laws are hereby further amended by striking out chapter 268B and inserting in place thereof the following chapter:-
Chapter 268B
FINANCIAL DISCLOSURE BY CERTAIN PUBLIC OFFICIALS AND EMPLOYEES
Section 1. As used in this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:—
“Amount”, a category of value, rather than an exact dollar figure, as follows: greater than $1,000 but not more than $5,000; greater than $5,000 but not more than $10,000; greater than $10,000 but not more than $20,000; greater than $20,000 but not more than $40,000; greater than $40,000 but not more than $60,000; greater than $60,000 but not more than $100,000; greater than $100,000. “Business”, any corporation, partnership, sole proprietorship, firm, franchise, association, organization, holding company, joint stock company, receivership, business or real estate trust or any other legal entity organized for profit or charitable purposes.
“Business with which he is associated” any business in which the reporting person or a member of his immediate family is a general partner, proprietor, officer or other employee, including one who is self-employed or serves as a director, trustee or in any similar managerial capacity and any business more than 1 per cent of any class of the outstanding equity of which is beneficially owned in the aggregate by the reporting person and members of his immediate family.
“Candidate for public office” any individual who seeks nomination or election to public office. For the purposes of this chapter, an individual shall be deemed to be seeking nomination or election to public office if he has: (1) received a political contribution or made an expenditure, or has given his consent for any other person or committee to receive a political contribution or make an expenditure, for the purpose of influencing his nomination or election to such office, whether or not the specific public office for which he will seek nomination or election is known at the time the political contribution is received or the expenditure is made; or (2) taken the action necessary under the laws of the commonwealth to qualify himself for nomination or election to such office.
“Commission” the state ethics commission established by section 2;
“Equity”, any stock or similar ownership interest in a business.
“Executive lobbyist”, an executive lobbyist as defined in section 39 of chapter 3.
Governmental body” a state or county agency, authority, board, bureau, commission, council, department, division or other entity, including the general court and the courts of the commonwealth.
“Immediate family” a spouse and any dependent children residing in the reporting person’s household.
“Income” income from whatever source derived, whether in the form of a fee, salary, allowance, forebearance, forgiveness, interest, dividend, royalty, rent, capital gain or any other form of recompense or any combination thereof; provided, however, that interest from savings accounts or from government obligations other than those of the commonwealth or any political subdivision thereof or any public agency or authority created by the general court, alimony and support payments, proceeds from a life insurance policy, retirement or disability benefits and social security payments shall not be considered income for the purposes of this chapter.
“Legislative lobbyist”, legislative lobbyist as defined in section 39 of chapter 3.
“Major policy making position” the executive or administrative head of a governmental body, all members of the judiciary, any person whose salary equals or exceeds that of a state employee classified in step 1 of job group XXV of the general salary schedule contained in section 46 of chapter 30 and who reports directly to said executive or administrative head, the head of each division, bureau or other major administrative unit within such governmental body and persons exercising similar authority.
“Person” a business, individual, corporation, union, association, firm, partnership, committee or other organization or group of persons.
“Political contribution” a contribution of money or anything of value to an individual, candidate, political committee or person acting on behalf of an individual, candidate or political committee, for the purpose of influencing the nomination or election of the individual or candidate or for the purpose of promoting or opposing a charter change, referendum question, constitutional amendment or other question submitted to the voters and shall include any: (1) gift, subscription, loan, advance, deposit of money, or thing of value, except a loan of money to a candidate by a national or state bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business; (2) transfer of money or anything of value between political committees; (3) payment, by any person other than a candidate or political committee, or compensation for the personal services of another person which are rendered to such candidate or committee; (4) purchase from an individual, candidate or political committee, or person acting on behalf of an individual, candidate or political committee, whether through the device of tickets, advertisements, or otherwise, for fund-raising activities, including testimonials, held on behalf of said individual, candidate or political committee, to the extent that the purchase price exceeds the actual cost of the goods sold or services rendered; (5) discount or rebate not available to other candidates for the same office and to the general public; and (6) forgiveness of indebtedness or payment of indebtedness by another person; provided, however, that it shall not include the rendering of services by speakers, editors, writers, poll watchers, poll checkers or others, nor the payment by those rendering such services of such personal expenses as may be incidental thereto, nor the exercise of ordinary hospitality.
“Public employee” a person who holds a major policymaking position in a governmental body; provided, however, that a person who receives no compensation other than reimbursements for expenses, or any person serving on a governmental body that has no authority to expend public funds other than to approve reimbursements for expenses shall not be considered a public employee for the purposes of this chapter; provided, further, that the members of the board of bar examiners shall not be considered public employees for the purposes of this chapter.
“Public office” a position for which one is nominated at a state primary or chosen at a state election, excluding the positions of senator and representative in congress and the office of regional district school committee member elected district-wide.
“Public official” anyone who holds a public office.
“Reporting person” a person required to file a statement of financial interest pursuant to section 5.
Section 2. (a) There is established a state ethics commission composed of 5 members. At no time shall more than 3 members be from the same political party.
(b) Three members of the commission shall be appointed by the governor, 1 of whom shall be designated as chairman, 1 member shall be appointed by the state secretary and 1 member shall be appointed by the attorney general. At no time shall more than 2 of the members to be appointed by the governor be from the same political party.
(c) Members of the commission shall serve for terms of 5 years.
(d) No person shall be appointed to more than 1 full 5 year term.
(e) Not less than 30 days prior to making an appointment to the commission, the appointing official shall give public notice that a vacancy on the commission exists.
(f) No member or employee of the commission shall:
(1) hold or be a candidate for any other public office while a member or employee or for 1 year thereafter;
(2) hold office in any political party or political committee;
(3) participate in, or contribute to, the political campaign of any candidate for public office.
(g) Members of the commission may be removed by a majority vote of the governor, state secretary and attorney general for substantial neglect of duty, inability to discharge the powers and duties of office, violation of subsection (f), gross misconduct, or conviction of a felony.
(h) Any vacancy occurring on the commission shall be filled within 90 days by the original appointing authority. A person appointed to fill a vacancy occurring other than by expiration of a term of office shall be appointed for the unexpired term of the member such person succeeds and shall be eligible for appointment to 1 full 5 year term.
(i) The commission shall elect a vice chairman. The vice chairman shall act as chairman in the absence of the chairman or in the event of a vacancy in that position.
(j) Three members of the commission shall constitute a quorum and 3 affirmative votes shall be required for any action or recommendation of the commission. The chairman or any 3 members of the commission may call a meeting. Advance notice of all meetings shall be given to each member of the commission and to any other person who requests such notice.
(k) Members of the commission shall be compensated for work performed for the commission at such rate as the secretary of administration and finance shall determine and shall be reimbursed for their expenses.
(l) The commission shall annually report to the general court and the governor concerning the action it has taken including the names, salaries and duties of all individuals in its employ and the money it has disbursed and shall make such further reports on matters within its jurisdiction as may appear necessary.
(m) The commission shall employ an executive director, a general counsel, and, subject to appropriation, such other staff, including, but not limited to, clerks, accountants and investigators, as are necessary to carry out its duties pursuant to this chapter and chapter 268A. The staff shall serve at the pleasure of the commission and shall not be subject to the provisions of chapter 31 or section 9A of chapter 30. The executive director shall be responsible for the administrative operation of the commission and shall perform such other tasks as the commission shall determine. The general counsel shall be the chief legal officer of the commission. The commission may employ, subject to appropriation, the services of experts and consultants necessary to carry out its duties. The colonel of state police, the state auditor, the comptroller, the attorney general and the director of the office of campaign and political finance may make available to the commission personnel and other assistance as the commission may request.
Section 3. The commission shall:
(a) prescribe and publish, pursuant to chapter 30A, rules and regulations to: (1) carry out this chapter, including rules governing the conduct of proceedings hereunder; and (2) carry out chapter 268A; provided, however, that the rules and regulations shall be limited to providing exemptions from sections 3 to 7, inclusive, sections 11 to 14, inclusive, sections 17 to 20, inclusive, and section 23 of said chapter 268A;
(b) prepare and publish, after giving the public an opportunity to comment, forms for the statements and reports required to be filed by this chapter and make such forms available to any and all persons required to file statements and reports pursuant to this chapter;
(c) prepare and publish, pursuant to chapter 30A, methods of accounting and reporting to be used by persons required to file statements and reports by this chapter;
(d) make statements and reports filed with the commission available for public inspection and copying during regular office hours upon the written request of any individual who provides identification acceptable to the commission, including the individual’s affiliation, if any, at a charge not to exceed the actual administrative and material costs required in reproducing said statements and reports; provided, however, that the commission shall be authorized, in its discretion, to exempt from public disclosure those portions of a statement of financial interest filed pursuant to section 5 which contain the home address of the filer; and, provided further, that the commission shall forward a copy of said request to the person whose statement has been examined;
(e) compile and maintain an index of all reports and statements filed with the commission to facilitate public access to such reports and statements;
(f) inspect all statements of financial interests filed with the commission in order to ascertain whether any reporting person has failed to file such a statement or has filed a deficient statement. If, upon inspection, it is ascertained that a reporting person has failed to file a statement of financial interests, or if it is ascertained that any such statement filed with the commission fails to conform with the requirements of section 5, then the commission shall, in writing, notify the delinquent; such notice shall state in detail the deficiency and the penalties for failure to file a statement of financial interests;
(g) upon written request from a person who is or may be subject to this chapter or chapter 268A, render advisory opinions on the requirements of said chapters. An opinion rendered by the commission, until and unless amended or revoked, shall be a defense in a criminal action brought under chapter 268A and shall be binding on the commission, and the division of administrative law appeals, in any subsequent proceedings concerning the person who requested the opinion and who acted in good faith, unless material facts were omitted or misstated by the person in the request for an opinion. Such requests shall be confidential; provided, however, that the commission may publish such opinions, but the name of the requesting person and any other identifying information shall not be included in such publication unless the requesting person consents to such inclusion;
(h) preserve all statements and reports filed with the commission for a period of 6 years from the date of receipt;
(i) act as the primary civil enforcement agency for violations of all sections of chapter 268A and of this chapter.
(j) annually by February 1 the executive director of the commission shall request a list of all major policymaking positions for the governmental bodies below from the persons listed below:
(1) the house of representatives, the speaker of the house;
(2) the senate, the president of the senate;
(3) the state secretary’s office, the state secretary;
(4) the attorney general’s office, the attorney general;
(5) the state auditor’s office, the state auditor;
(6) the treasurer and receiver general’s office, the state treasurer;
(7) for each court of the commonwealth, the chief judge of such court;
(8) for each executive office in the commonwealth and all governmental bodies within such executive office, the secretary for such executive office;
(9) the governor’s office, the governor;
(10) the lieutenant governor’s office, the lieutenant governor;
(11) for each county, the chairman of the county commissioners;
(12) for each authority or other governmental body not covered by clauses 1 through 11, inclusive, the executive or administrative head of such authority or governmental body; and such persons shall furnish such lists within 60 days. The executive director may add any position that he determines to be a major policymaking position in such governmental body to such list. Any person aggrieved by such action of the executive director may appeal such action to the commission.
Section 4. (a) Upon receipt of a sworn complaint signed under the penalties of perjury, or upon receipt of evidence which is deemed sufficient by the commission, the commission shall initiate a preliminary inquiry into any alleged violation of chapter 268A or 268B. At the commencement of a preliminary inquiry into any such alleged violation, the general counsel shall notify the attorney general in order to avoid overlapping civil and criminal investigations. All commission proceedings and records relating to a preliminary inquiry or initial staff review used to determine whether to initiate an inquiry shall be confidential, except that the general counsel may turn over to the attorney general, the United States Attorney or a district attorney of competent jurisdiction evidence which may be used in a criminal proceeding. The general counsel shall notify any person who is the subject of the preliminary inquiry of the existence of such inquiry and the general nature of the alleged violation within 30 days of the commencement of the inquiry.
(b) If a preliminary inquiry fails to indicate reasonable cause for belief that there has been a violation of this chapter or chapter 268A, the commission shall immediately terminate the inquiry and shall within 10 days so notify, in writing, the complainant, if any, and the person who had been the subject of the inquiry. All commission records and proceedings from any such preliminary inquiry, or from any initial staff review to determine whether to initiate an inquiry, shall be confidential, subject to the provisions of subsection (c).
(c) If a preliminary inquiry indicates reasonable cause for belief that there has been a violation of this chapter or chapter 268A, the commission may upon a majority vote, initiate an adjudicatory proceeding to determine whether there has been such a violation. Promptly after the commission’s determination to seek an adjudicatory proceeding and before an order to show cause is filed, the general counsel shall provide to the subject of the investigation copies of all materials the commission considered in its decision to initiate a preliminary inquiry or authorize an adjudicatory proceeding provided, however, the commission may redact from such materials the name and address of the sworn complainant, and any other identifying information if any, or other person whose complaint led to the initiation of the preliminary inquiry.
(d) The commission may require by summons the attendance and testimony of witnesses and the production of books, papers and other records relating to any matter being investigated by it pursuant to this chapter or said chapter 268A. Such summons may be issued by the commission only upon a majority vote of the commission and shall be served in the same manner as summonses for witnesses in civil cases, and all provisions of law relative to summonses issued in such cases, including the compensation of witnesses, shall apply to summonses issued by the commission. Any justice of the superior court may, upon application by the commission, in his discretion issue an order requiring the attendance of witnesses summoned as aforesaid and the giving of testimony or the production of books, papers and other records before the commission in furtherance of any investigation pursuant to the provisions of this chapter or said chapter 268A.
(e) The commission may request any person to attend a conference at any time prior to the commencement of an adjudicatory proceeding. The notice shall be timely and shall include either a reference to the complaint or a statement of the issues to be discussed. If, after the conference, the commission is satisfied that there is not reasonable cause for belief that there has been a violation of chapters 268A or 268B, the inquiry shall be terminated subject to subsection (b).
(f) If the commission initiates an adjudicatory proceeding, such proceeding shall be conducted by impartial hearing officers from the division of administrative law appeals of the executive office for administration and finance, in accordance with section 4H of chapter 7. The commission shall make a request pursuant to section 4H of chapter 7 asking the division of administrative law appeals to conduct these adjudicatory procedures and shall enter into a memorandum of understanding or other agreement as necessary. All proceedings of said division pursuant to this section shall be conducted in accordance with chapter 30A except where this section expressly provides a different rule, power or procedure.
(g) The decision of the division of administrative law appeals on each matter referred from the commission shall be accompanied by a statement of reasons for the decision, including determination of each issue of fact or law necessary to the decision. The decision of the division of administrative law appeals, with respect to each matter so referred shall be treated as a preliminary recommendation.
(h) Within 30 days of receipt of the finding of fact and preliminary recommendation from the division of administrative law appeals after an adjudicatory proceeding, the commission shall issue an order identifying the violations found, if any, and the remedy or sanction to be imposed. If the commission does not accept the whole of the preliminary recommendation, it shall state, in the order, its reasonfor rejecting those portions of the preliminary recommendation it does not affirm and adopt. However, the commission may not reject a hearing officer’s determination of credibility of witnesses personally appearing.
(i) The commission, upon a finding pursuant to an adjudicatory proceeding that there has been a violation of chapter 268A or a violation of this chapter or in the case where a subject of a commission investigation agrees that such a violation has occurred , may issue an order requiring the violator to:
(1) cease and desist such violation of said chapter 268A or this chapter;
(2) file any report, statement or other information as required by said chapter 268A or this chapter; or
(3) pay a civil penalty of not more than $10,000 for each violation of this chapter or chapter 268A, with the exception of a violation of section 2 of chapter 268A, which shall be subject to a civil penalty of not more than $25,000.
The commission may file a civil action in superior court to enforce such order.
(j) The order of the commission described in subsection (h) above shall be a final action subject to review by the superior court upon petition of any party in interest filed within 30 days after the order of which review is sought. The court shall enter a judgment enforcing, modifying or setting aside the order of the commission or it may remand the proceedings to the commission for such further action as the court may direct. If the court modifies or sets aside the commission order or remands the proceedings to the commission, the court shall determine whether such modification, set aside or remand is substantial. If the court does find such modification, set aside or remand to be substantial, the employee shall be entitled to be reimbursed from the treasury of the commonwealth for reasonable attorneys’ fees and all court costs incurred by the employee in the defense of the charges contained in said proceedings. The amount of such reimbursement shall be awarded by the court, but shall not exceed $20,000 per person, per case. Reimbursement of such costs shall be applicable to state, county or municipal employees whose conduct is so regulated by the provisions of chapter 268A.
(k) Any person who violates the confidentiality of an inquiry under this section shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 1 year, or both.
(l) All proceedings resulting from inquiries under this section shall commence within 3 years from the date the commission learns of the alleged violation, but not more than 4 years from the date of the last conduct giving rise to the alleged violation.
Section 5. (a) Every candidate for public office shall file a statement of financial interests for the preceding calendar year with the commission by the date on which a certificate of nomination or nomination papers for such candidate are submitted to the state secretary. Every candidate for public office who has not filed nomination papers with the state secretary, but on whose behalf a statement of organization of a political committee has been filed with the director of campaign and political finance under section 5 of chapter 55, and who is seeking public office by the so-called “write in” or “sticker” method, shall within 3 days after such filing file a statement of financial interest with the commission.
(b) Every public official shall file a statement of financial interests for the preceding calendar year with the commission by the last Tuesday in May of the year in which such public official first enters such public office and of each year that such public official holds such office, and by May 1 of the year after such public official leaves such office; provided, however, that no public official shall be required to file a statement of financial interests for the year in which he ceased to be a public official if he served for less than 30 days in such year.
(c) Every public employee shall file a statement of financial interests for the preceding calendar year with the commission within 30 days after becoming a public employee, annually by May 1 thereafter that such person is a public employee and by May 1 of the year after such person ceases to be a public employee; provided, however, that no public employee shall be required to file a statement of financial interests for the year in which the employee ceased to be a public employee if the employee served less than 30 days in such year.
(d) The commission shall, upon receipt of a statement of financial interests pursuant to this section, issue to the person filing such statement a receipt verifying the fact that a statement of financial interests has been filed and a receipted copy of such statement.
(e) No public employee shall be allowed to continue in the employee’s duties or to receive compensation from public funds unless the employee has filed a statement of financial interests with the commission as required by this chapter.
(f) The statement of financial interests filed pursuant to this section shall be on a form prescribed by the commission and shall be signed under penalty of perjury by the reporting person.
(g) Reporting persons shall disclose, to the best of their knowledge, the following information for the preceding calendar year, or as of the last day of said year with respect to the information required by clauses (2), (3) and (6); such persons shall also disclose the same information with respect to the person’s immediate family; provided, however, that no amount need be given for such information with regard to the reporting person’s immediate family:
(1) the name and address of, the nature of association with, the share of equity in, if applicable, and the amount of income if greater than $1,000 derived from each business with which the person is associated;
(2) the identity of all securities and other investments with a fair market value of greater than $1,000 which were beneficially owned, not otherwise reportable hereunder; and the amount of income if over $1,000 from any such security which is issued by the commonwealth or any political subdivision thereof or any public agency or authority created by the general court;
(3) the name and address of each creditor to whom more than $1,000 was owed and the original amount, the amount outstanding, the terms of repayment, and the general nature of the security pledged for each such obligation except that the original amount and the amount outstanding need not be reported for a mortgage on the reporting person’s primary residence; provided, however, that obligations arising out of retail installment transactions, educational loans, medical and dental expenses, debts incurred in the ordinary course of business, and any obligation to make alimony or support payments, shall not be reported; and provided, further, that such information need not be reported if the creditor is a relative of the reporting person within the third degree of consanguinity or affinity;
(4) the name and address of the source, and the cash value of any reimbursement for expenses aggregating more than $100 in the calendar year if the source of such reimbursement is a legislative or executive lobbyist or specialist; or if the recipient is a public official and the source of such reimbursement is a person having a direct interest in legislation, legislative action, or a matter before a governmental body; or if the recipient is a public employee and the source of such reimbursement is person having a direct interest in a matter before the governmental body by which the recipient is employed;
(5) the name and address of the donor, and the fair market value, if determinable, of any gifts aggregating more than $100 in the calendar year, if the recipient is a public official and the source of such gift or gifts is a person having a direct interest in legislation, legislative action, or a matter before a governmental body; or if the recipient is a public employee and the source of such gift or gifts is a person having a direct interest in a matter before the governmental body by which the recipient is employed;
(6) the description, as appearing on the most recent tax bill, and the amount of assessed value of all real property located within the commonwealth, in which a direct or indirect financial interest was held, which has an assessed value greater than $1,000; and, if the property was transferred during the year, the name and address of the person furnishing consideration to the reporting person or receiving it from him in respect to such transfer;
(7) the name and address of the source, and the fair market value, of any honoraria aggregating more than $100 if the source of such honoraria is a legislative or executive lobbyist or specialist; or if the recipient is a public official and the source of such honoraria is a person having a direct interest in legislation, legislative action, or a matter before a governmental body; or if the recipient is a public employee and the source of such honoraria is a person having a direct interest in a matter before the governmental body by which the recipient is employed;
(8) the name and address of any creditor who has forgiven an indebtedness of over $1,000, and the amount forgiven; provided, however, that no such information need be reported if the creditor is a relative within the third degree of consanguinity or affinity of the reporting person, or the spouse of such a relative;
(9) the name and address of any business from which the reporting person is taking a leave of absence;
(10) the identity of any equity in a business with which the reporting person is associated which has been transferred to a member of the reporting person’s immediate family; provided, however, that a member of the reporting person’s family need not report any such transfer to the reporting person.
Nothing in this section shall be construed to require the disclosure of information which is privileged by law.
Failure of a reporting person to file a statement of financial interests within 10 days after receiving notice as provided in clause (f) of section 3, or the filing of an incomplete statement of financial interests after receipt of such a notice, is a violation of this chapter and the commission may initiate appropriate proceedings pursuant section 4.
Section 6. No executive or legislative lobbyist shall knowingly and willfully offer or give to any public official or public employee or a member of such public official’s or public employee’s immediate family and no public official or public employee or member of such person’s immediate family shall knowingly and willfully solicit or accept from any executive or legislative lobbyist, gifts with an aggregate value of $100 or more in a calendar year; provided, however, that these prohibitions shall not apply to gifts given by an executive or legislative lobbyist to a public official or public employee or the immediate family of such public official or public employee who is a member of his immediate family or a relative within the third degree of consanguinity or of such lobbyist’s spouse or the spouse of any such relative.
Section 7. Any person who violates the confidentiality of a commission inquiry paragraph (a) of section 4 of this chapter shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 1 year, or both.
Any person who willfully affirms or swears falsely in regard to any material matter before a commission proceeding under paragraph (c) of section 4, or who willfully files a materially false statement of financial interests under section 5 of this chapter shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.
Section 8. No officer or employee of the commonwealth or of any county, city or town shall discharge an officer or employee, or change his official rank, grade or compensation, or deny him a promotion, or threaten so to do, for filing a complaint with or providing information to the commission or testifying in any commission proceeding.
SECTION 52. The General Laws are hereby further amended by inserting after chapter 277 the following chapter:-
CHAPTER 277A
Statewide Grand Jury
Section 1. Upon written application of the attorney general to the chief justice of the superior court department, with good cause stated therein, the chief justice may authorize the convening of a statewide grand jury with jurisdiction extending throughout the commonwealth.
Section 2. The chief justice of the superior court department shall, upon granting an application, receive recommendations from the attorney general as to the county in which the statewide grand jury shall sit. Upon receiving the attorney general’s recommendations, the chief justice shall choose 1 of those recommended locations as the site where the grand jury shall sit. Once a county has been selected, the chief justice of the superior court shall direct the regional administrative judge from the county selected to appoint, and reappoint as necessary, a superior court judge to preside over the statewide grand jury.
Section 3. The superior court judge presiding over the grand jury shall consult with the attorney general and district attorney for the relevant district about the nature and scope of the investigation and shall thereafter designate and authorize an existing county grand jury to serve as a statewide grand jury for purposes of the investigation specified in the written application, or, alternatively, convene and preside over a specially empaneled statewide grand jury.
Section 4. A specially empaneled statewide grand jury shall be drawn and selected in the same manner as the county grand jury in the county in which the specially empaneled statewide grand jury sits. A specially empaneled statewide grand jury may, at the discretion of the presiding superior court judge, draw jurors from counties adjoining the one in which the statewide grand jury is to sit.
Section 5. A specially empaneled statewide grand jury convened pursuant to this chapter shall sit for a period not to exceed 18 months. The superior court judge presiding over the grand jury may extend this period if, in accordance with section 1A of chapter 277 and section 41 of chapter 234A, public necessity requires further time by the grand jury to complete an investigation then in progress.
Section 6. The attorney general or an assistant attorney general shall attend each session of a statewide grand jury and may prosecute any indictment returned by it. The attorney general or assistant attorney general shall have the same powers and duties in relation to a statewide grand jury that he has in relation to a county grand jury, except as otherwise provided by law.
Section 7. Indictments shall be returned in the county where the statewide grand jury sits and shall thereafter be transferred to the county specified by the grand jury on the indictment. Venue for purposes of trial of offenses indicted by a statewide grand jury shall be in any county where venue would otherwise be proper.
Section 8. No provision of this chapter shall be construed as limiting the jurisdiction of county grand juries or district attorneys in the commonwealth. Except as otherwise provided by law, an investigation by a statewide grand jury shall not preempt an investigation by any other grand jury or agency having jurisdiction over the same subject matter.
SECTION 53. Notwithstanding any general or special law to the contrary, every legislative lobbyist or executive lobbyist as defined by section 39 of chapter 3 of the General Laws shall, within 90 days after the effective date of this act, and every year thereafter, complete an in-person or online seminar offered by the state secretary in accordance with section 41 of said chapter 3.
SECTION 54. Notwithstanding any general or special law to the contrary, in accordance with section 26 of chapter 268A of the General Laws within 90 days after the effective date of this act every state, county, and municipal employee shall be provided a summary of chapter 268A prepared by the state ethics commission and shall file a written acknowledgment as required by that section.
SECTION 55. Notwithstanding any general or special law to the contrary, within 120 days after the effective date of this act, each municipality shall provide written notification to the state ethics commission of the liaison designated under section 28 of chapter 268A of the General Laws.
SECTION 56. Notwithstanding any general or special law to the contrary, any person who has previously received confirmation by the executive council, and who is, on the effective date of this act, still a member of the judiciary shall, within 6 months of the effective date of this act, dissolve any political committee organized on behalf of such person and disperse any funds remaining in such committee’s account in accordance with section 18 of chapter 55 of the General Laws.SECTION 57. There shall be a special commission to study the creation of a new independent office of public accountability which would function as the single state entity for the administration and enforcement of the provisions of law currently administered and enforced by the state ethics commission, the office of campaign and political finance and the lobbyist division of the office of the secretary of state.
The commission shall consider factors, including but not limited to:
(1) the cost of establishing such an office and the potential cost savings from efficiencies;
(2) whether efficiencies would be created, and money saved, by consolidating rulemaking, and civil investigation functions in the new office;
(3) whether it would be most effective to have the new office structure include an executive director, an advisory commission, or both;
(4) what personnel would be required in such an office and who would set the salaries for those individuals;
(5) the optimal method for selecting an executive director of the office and whether there should be a limit on the number of terms for which an individual can serve as the executive director;
(6) whether the civil service laws would apply to such an office;
(7) of the new office structure is to include an advisory commission, the optimal composition of that advisory commission to preserve the impartiality and integrity of the office, including the question of whether no more than a certain number of commission members shall be members of a single political party and whether elected officials should participate in the process including appointing the commission or executive director;
(8) who should be responsible for the removal of an executive director or commission member and how to fill such a vacancy;
(9) whether any reasons for removal shall be stated in writing and submitted to the house of representatives, the senate, and the governor;
(10) whether the executive director or members of the commission may simultaneously be employed elsewhere and who should set the salaries for the various positions within the office;
(11) whether the executive director or members of the commission may participate in political activities, including consultation with the executive and legislative branch and sponsoring and advocating for legislation;
(12) whether rulemaking functions should be handled by an executive director or an advisory commission, and whether that rulemaking should be limited so as to not designate any act to be a violation of the chapters under its control;
(13) whether the establishment of 3 separate bureaus; the bureau of ethics, the bureau of lobbyists affairs, and the bureau of campaign finance, within the office would be the appropriate way to handle the functions of the new office;
(14) whether there should be a revolving door provision for the executive director, commission members and employees of the office and its bureaus;
(15) whether there should be restrictions on the executive director, commission members or employees running for elected office during or following service in such an office;
(16) whether jurisdiction for criminal prosecutions of violations of laws within the purview of the office should be limited to the attorney general or should include the relevant district attorney;
(17) who should be responsible for civil enforcement of violations of laws within the purview of the office;
(18) the optimal method for handling civil and criminal investigations while preserving the due process rights of an individual accused of committing a violation;
(19) subpoena powers to be vested in the new office and whether a judicial order should be required for enforcement;
(20) whether the new office should be authorized to share information with any and all other enforcement agencies or what limitations are required for any particular type of inquiry, and whether information sharing within the office itself should be limited in any way;
(21) whether the confidentiality provisions under chapters 268A and 268B would be jeopardized by consolidation of operations of the state ethics commission with other agencies;
(22) whether the office should hold a mandatory pre-adjudicatory hearing conference to discuss the charges with the subject of an inquiry;
(23) whether it is most efficient to have all civil adjudicatory hearings handled within the division of administrative law of appeals; and
(24) what the appropriate penalties would be for violations of the confidentiality of any proceedings under the new office.
The special commission shall consist of: the secretary of the commonwealth, or his designee; the director of the office of campaign and political finance, or his designee; the executive director of the state ethics commission, or his designee; 3 members of the senate 1 of which shall be appointed by the minority leader of the senate; 3 members of the house of representatives 1 of which shall be appointed by the minority leader of the house of representatives; and 2 members to be appointed by the attorney general. The special commission shall report to the general court the results of its investigation and study, together with recommendations and drafts of legislation necessary to carry out any recommendations, if any, by filing a report with the clerks of the senate and the house of representatives on or before July 31, 2010.
SECTION 57A. Section 4 of chapter 268A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following sentence: -
“No member of the executive council shall make an appearance in a representative capacity, for compensation, before a court of the commonwealth.”
SECTION 57B. There shall be a special commission to study civic engagement and active engagement in the legislative process and electoral system. The commission shall consider, but not be limited to:
the ability to attract candidates for legislative and constitutional offices, including residency requirements and length of membership in political parties;
the impact of campaign finance law on civic engagement, including campaign finance limits and public financing of candidates;
the attributes of the current legislative session calendar and a comparative analysis of other states’ legislative calendar; and
the laws, rules and regulations of voting and elections requirements and a comparative analysis of other states’ voting and election requirements.
The special commission shall consist of the secretary of the commonwealth, or his designee; the director of the office of campaign and political finance, or his designee, or his designee; 2 persons to be appointed by the president of the senate; 1 person to be appointed by the minority leader of the senate; 2 persons to be appointed by the speaker of the house of representatives; 1 person to be appointed by the minority leader of the house of representatives; and 2 persons to be appointed by the attorney general. The special commission shall report to the general court the results of its investigation a study, together with recommendations and drafts of legislation necessary to carry out any recommendations, if any, by filing a report with the clerks of the senate and the house of representatives on or before January 1, 2010.
SECTION 58. Notwithstanding any provisions of this act, the state ethics commission shall continue to administer adjudicatory hearings under chapter 268B, with all existing rules and regulations, until July 1, 2010.
SECTION 59. Section 5 to 8, inclusive, shall take effect on July 1, 2010.
SECTION 60. Sections 11 to 49, inclusive, shall take effect on January 1, 2010.