Section 5.03 - Statutory Authority to Promulgate Exemptions; Effect of Compliance with Regulation; No Inferences to be Drawn as to Conduct Not Specifically ExemptedM.G.L. c. 268A, §§ 3(f) and 23(f), and M.G.L. c. 268B, §§ 3(a)(2) and 6, give the Commission statutory authority to promulgate exemptions from M.G.L. c. 268A, §§ 3, 23(b)(2), and 23(b)(3), and M.G.L. c. 268B, § 6. M.G.L. c. 3, § 43, last paragraph, gives the Commission statutory authority to promulgate exemptions from that statute. Pursuant to that authority, the Commission is promulgating 930 CMR 5.00 to:
(a) clarify situations in which the statutory prohibitions concerning gifts to public employees set forth in M.G.L. c. 268A, §§ 3, 23(b)(2), and 23(b)(3) do not apply; and(b) create exemptions in certain situations in which a gift to a public employee would otherwise be prohibited by M.G.L. c. 268A, §§ 3, 23(b)(2), 23(b)(3), or M.G.L. c. 268B, § 6, or M.G.L. c. 3, § 43, last paragraph, because the Commission has determined that allowing acceptance of the gift either serves a legitimate public purpose, or does not present a genuine risk of a conflict of interest or the appearance of a conflict of interest, or both.(c) A public employee who complies with the exemption requirements of 930 CMR 5.00 is deemed to be in compliance with those provisions of M.G.L. c. 268A, M.G.L. c. 268B, and M.G.L. c. 3 referenced in the relevant section of 930 CMR 5.00.(d) The establishment of these exemptions shall not be the basis for any inference that conduct not specifically exempted either is, or is not, prohibited by M.G.L. c. 268A, M.G.L. c. 268B, and M.G.L. c. 3.