Section 1.24 - Website and Social Media Use by Public Employees(1) As used in 970 CMR 1.24, a public employee, means, as defined in M.G.L. c. 55, § 3, "a person employed for compensation, other than an elected officer, by the commonwealth or any county, city or town", or by a state college or university, authority, or other public instrumentality created by the commonwealth and funded by state and local funds, even if the person declines compensation. Social media means any interactive Internet-based technology that facilitates the creation or sharing of information, ideas, events, or other forms of expression via virtual communities and networks.(2) For the purposes of M.G.L. c. 55, § 13, a public employee may not intentionally: (a) Solicit or receive political contributions using a website or a social media account, post or site;(b) Share, retweet or "tag" other individuals or entities, or otherwise distribute, a social media post that directly solicits political contributions;(c) Invite persons to events publicized using social media or a website, if the event is advertised as a political fundraising event;(d) Send or provide a link to a social media post or to the part of a website that solicits political contributions (i.e., a link directly to the "donate" section of a social media page or a website);(e) Design or administer the portion of any social media account or website that is used to solicit or receive political contributions;(f) Allow his or her name to be used, or provide a message supporting a candidate or committee, that will appear on the portion of a website or social media page that solicits political contributions; or(g) Post political fundraising solicitations on a candidate's or political committee's website or social media page.(3) It is not a violation of M.G.L. c. 55, § 13 for a public employee to do the following, or any other activities that are similar to the following and not inconsistent with M.G.L. c. 55, and 970 CMR:(a) If the public employee is also a candidate, the public employee/candidate may have a political committee which uses a website or social media account to solicit political contributions, although the communication in such instances must clearly be from the committee rather than personally from the public employee, and the name of the page/social media account must use the political committee's name;(b) If asked for information regarding fundraising, a public employee who is also a candidate may refer persons to the candidate's political committee website or social media account;(c) "Like" a political fundraising event posted on a social media site;(d) "Like", "follow" or become a "friend" of a political candidate or political committee (even if the website of the candidate or committee solicits contributions);(e) Attend an event in response to a website or social media post;(f) Indicate on a personal website or on a social media page that he or she will be attending a political fundraising event, even if the response, or planned attendance, is ultimately posted on the public employee's social media account, on the website, or on the social media page of the candidate or committee holding the event, (but without additional language soliciting contributions);(g) Contribute to a candidate or committee in response to a social media post;(h) Post non-fundraising information regarding a candidate or political committee, on a website or social media page;(i) Share, retweet, tag other individuals or entities, or otherwise distribute a link to a social media post or any part of a candidate or committee's website, if the part of the social media post or website reached through the link is not primarily the "donate" page of the social media post or website, e.g., a link to the front page of a candidate's campaign website is permitted, even if the page contains a small "donate" button; or(j) Share, retweet, tag other individuals or entities, or otherwise distribute notice of a political event if at the time of distribution, the event is not advertised as a fundraising event, e.g., it is advertised as a "meet and greet" or "stand out" event.(4) A public employee who is tagged or otherwise referenced in a social media post distributed by a non-public employee advertising a political fundraising event does not result in a solicitation by the public employee in violation of M.G.L. c. 55, § 13.(5) A public employee viewing a social media site in a governmental building does not result in the receipt of a political fundraising solicitation in a violation of M.G.L. c. 55, §§ 13 or 14.(6) Public resources, e.g., public computers, may not be used to support or oppose a candidate, political committee, political party or ballot question (i.e., "for political purposes"). Public resources may be used, however, for a website, or a social media account, that provides legislative and constituent services, but not if the site is also used for political purposes. For example, a social media account paid for with public resources may not be used to post information regarding a political campaign event.(7) Website and social media use by public employees as defined in 970 CMR 1.24(1), as well as by state, county, and municipal employees as defined in M.G.L. c. 268A, § 1, is subject to the conflict of interest law, M.G.L. c. 268A.Adopted by Mass Register Issue 1413, eff. 3/20/2020.Amended by Mass Register Issue 1465, eff. 3/18/2022.