930 CMR, § 6.06 - Exemption to Permit State Employees to Provide Services to the Massachusetts Committee for Public Counsel Services

(1) Purpose. The purpose of 930 CMR 6.06 is to permit state employees to provide services to persons entitled to receive representation and/or services from the Massachusetts Committee for Public Counsel Services (CPCS), and to provide services to the attorneys assigned by CPCS to represent those persons.

(2) Exemption. A state employee may have a direct or indirect financial interest in a contract or agreement to provide services to, or on behalf of, persons, in connection with matters in which those persons are receiving representation and/or services from CPCS, or attorneys or personnel assigned by CPCS, and may act as an agent or attorney in relation to so doing, without violating M.G.L. c. 268A, § 4 or 7; provided that the state employee files a disclosure of the financial interest with the Commission on a form designated for such purpose by the Commission. If the state employee was appointed, the disclosure must show written approval of the proposed arrangement by CPCS and by the state employee's appointing authority or designee, if different from CPCS, in advance of providing the services. If the state employee was elected or has no appointing authority for any other reason, the disclosure must show written approval of the proposed arrangement by CPCS and must be submitted to the Commission as set forth in 930 CMR 6.01(6) in advance of providing the services.

Example: A psychiatrist employed by the Department of Mental Health may enter into a contract to be paid to carry out an evaluation of a defendant in a criminal case who is represented by a public defender assigned by CPCS, and to testify concerning her evaluation, provided that, before doing so, she discloses her financial interest in writing and obtains DMH approval of the arrangement, and files the written disclosure with the Commission.

Notes

930 CMR, § 6.06