930 CMR, § 6.11

Current through Register 1531, September 27, 2024
Section 6.11 - Exemption to Allow Public Employees to Hold Additional Jobs on Premises Occupied Pursuant to Contract or Agreement with Public Agencies
(1)Purpose. The purpose of 930 CMR 6.11 is to permit a public employee to hold an additional paid position with a second employer, where the only impediment to such employment arises because the second employer occupies premises pursuant to a contract or agreement with the public agency that employs the public employee, or any other public agency at the same level of government.
(2)Exemption. A public employee is not prohibited by M.G.L. c. 268A, § 7, 14, or 20 from receiving compensation from employment, or from a contractual arrangement with an employer or contracting entity, because that employer or entity occupies premises pursuant to a contract or agreement with a public agency at the same level of government as the public employee's agency; provided, that the public employee does not participate in or have official responsibility for the public agency's process for recommending or selecting properties that will be subject to such contracts or agreements, or for decision-making with respect to such recommendation and selection, or any property management responsibilities with respect to such properties. A person acting within this exemption remains subject to the other prohibitions of M.G.L. c. 268A, including, but not limited to, §§ 4, 6, 11, 13, 17, 19, and 23.

Example: A mechanic employed by the Massachusetts Department of Transportation may have a second job at a fast-food restaurant located at a state-owned rest stop on the Massachusetts Turnpike. The second job is consistent with the exemption because, in his state job, the mechanic does not participate in, and would not have official responsibility for, negotiating the terms of the restaurant's contractual arrangement with the Turnpike.

930 CMR, § 6.11