930 CMR, § 6.16

Current through Register 1538, January 3, 2025

Section 6.16 - Exemption of Fee-based Contractual Relationships Readily Available to the Public

(1)Purpose. The purpose of 930 CMR 6.16 is to allow public employees to enter into fee-based contractual relationships readily available to the public.

(2)Exemption. A public employee may enter into, and receive the benefits of, any fee-based contractual relationship with the public agency that employs the public employee, or with a public agency at the same level of government that employs the public agency, provided that the fee-based contractual relationship is readily available at a set price to the public at large, without violating M.G.L. c. 268A, § 7, 14, or 20. Persons acting within this exemption remain subject to the other prohibitions of M.G.L.C. 268A, including §§ 6, 13, and 19.

Example: A state employee may purchase an MBTA pass.

Example: A municipal employee may pay to send a child to a summer camp run by the municipal recreation department.

Example: A municipal employee may become a paid member at a municipal golf course. Example: Where a regional vocational high school trains students to perform auto repairs in part by running a program whereby students provide oil changes and other services to members of the public for a set fee payable to the school, a teacher at the school can have his oil changed by the students as part of that program as long as those services are readily available to the public and the teacher pays the applicable fee.

Example: An employee of the Massachusetts Port Authority may purchase a ticket from an airline operating out of a facility owned by that agency.

930 CMR, § 6.16