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930 CMR 7.00: Definition of Governmental Body

Date: 01/16/2014
Organization: State Ethics Commission
Regulatory Authority: G.L. c. 268A, § 5(e)
G.L. c. 268B, § 3(a)(2)
Official Version: Published by the Massachusetts Register

This is an unofficial version of Commonwealth regulations and is posted here for the convenience of the public. It is not an official statement of the regulations.

Table of Contents

Definition of Governmental Body

For purposes of M.G.L. c. 268A, § 5(e), the phrase, governmental body as determined by the state ethics commission with which he has been associated, means:

(a) a state agency, authority, board, bureau, commission, council, department, division or other entity, including the general court and the courts of the commonwealth, for which a former state employee performed services, or in which a former state employee held an office, position, employment, or membership (first governmental body), at any time during the year prior to leaving state government;

(b) any other governmental body or bodies located organizationally within the first governmental body; and

(c) the employees of the first governmental body and every governmental body within it. For purposes of 930 CMR 7.00, located organizationally does not include any independent agency and authority that is placed within an executive office by the agency or authority's enabling act, but is not subject to the jurisdiction of such executive office.

Example:  for a former state legislator or legislative employee, the governmental body with which he was associated is the General Court of the Commonwealth of Massachusetts (both branches) and their Members and employees.

Example:  for a former Governor or employee of the Governor's office, the governmental body with which she was associated is the Governor's office and its employees and the Governor, but not other Executive Offices or agencies.

Example:  for a former employee of an Executive Office, the governmental body with which he was associated is the Executive Office by which he was employed, all divisions and departments of that Executive Office, all state agencies within that Executive Office, and the employees of that office and those divisions, departments, and agencies, but not the Governor, the Governor's office, other Executive Offices, or their agencies.

Example:  for a former employee of a state agency, the governmental body with which she was associated is that state agency, any governmental bodies located organizationally within that agency, and the employees of that agency, but not the Governor or the Governor's office, other state agencies within the same Executive Office as the former employing agency, or other executive branch agencies.

Example:  for a former employee of an independent state authority that is placed within an executive office, but not subject to supervision or control by that executive office, the governmental body with which he was associated is the independent state agency, but not the executive office.

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