MINUTES OF THE STATE ETHICS COMMISSION MEETING

June 4, 2010

One Ashburton Place, Room 619

Boston, MA 02108

PUBLIC SESSION

 

MEETING CONVENED

Chairman Charles B. Swartwood, III called the meeting to order at 9:00 a.m. Also in attendance were Commissioners Jeanne M. Kempthorne, David L. Veator, Patrick J. King and Paula Finley Mangum.

 

DRAFT REGULATIONS

Ms. Roney presented the following new and amended draft regulations for the Commission's review and action: 930 CMR 1.01 hearing procedures; 930 CMR 1.02(10) statute of limitations; 930 CMR 2.02(12) definition of major policy making position for purposes of requirement of filing Statements of Financial Interest; 930 CMR 3.01(6) confidentiality; 930 CMR 5.00 gift exemptions; 930 CMR 6.00 non-gift exemptions; and 930 CMR 7.00 definition of "governmental body" for purposes of G.L. c. 268A, § 5. The following actions were taken by the Commission:

 

930 CMR 1.00: Rules of Practice and Procedure;

1.01: Formal Rules;

1.01(7): Discovery;

1.01(7)(c): Depositions.

After discussion by the Commission, on the motion of Commissioner King, seconded by Commissioner Veator, the Commission voted 2-3, with Chairman Swartwood, Commissioner Kempthorne and Commissioner Mangum opposed, to amend the draft regulation 930 CMR 1.01(7)(c): Depositions, to entitle a Respondent to one deposition as a matter of right, without prejudicing the ability to call witnesses at the hearing, but that additional depositions will only be allowed upon motion for leave to take additional depositions with a showing of good cause, and provided that the Respondent first seeks informal interviews of witnesses. The motion did not pass.

On the motion of Commissioner King, seconded by Commissioner Mangum, the Commission voted 3-2, with Chairman Swartwood and Commissioner Kempthorne opposed, to allow any party to conduct one deposition of no more than 4 hours, and that no party would be entitled to further depositions except as provided in the draft regulation. The motion passed 3-2.

On the motion of Commissioner King, seconded by Commissioner Veator, the Commission voted 5-0 to approve depositions taking place at the Commission offices unless a hardship existed as determined by the hearing officer.

 

930 CMR 1.00: Rules of Practice and Procedure;

1.01: Formal Rules;

1.01(10): Conferences and Adjudicatory
Hearings;

1.01(10)(g): Witnesses and Evidence;

1.01(10(g)1: Witnesses.

After discussion by the Commission, on the motion of Commissioner Kempthorne, seconded by Commissioner King, the Commission voted 5-0 to approve deleting the following first sentence in the draft: All witnesses are entitled to be represented by counsel.

 

930 CMR 5.00: Gifts to Public Employees and Exemptions Related to Gifts;

5.09: Gifts from Lobbyists Not Related to Official
Action or Position;

5.09(b): Exemption.

After discussion by the Commission, Chairman Swartwood moved to limit the value of any gifts at $100. There was no second to the motion. The motion was not approved.

 

930 CMR 6.00: Exemptions Unrelated to Gifts;

6.06: Committee for Public Counsel Services.

Commissioner Kempthorne stated that she was abstaining from any discussion or action concerning the draft regulation.

 

Approval of the Draft Regulations

After reviewing all the draft regulations, on the motion of Commissioner Kempthorne, seconded by Commissioner Veator, the Commission voted 5-0 to adopt the following new or amended regulations: 930 CMR 1.01, 1.02(10), 2.02(12), 3.01(6), 5.00, 6.00, and 7.00, as presented to the Commission at its meeting on June 4, 2010, and as revised by the Commission at that meeting; and to commence procedures required by the Administrative Procedure Act, G.L. c. 30A, and related regulations and procedures for such adoption.

 


EXECUTIVE DIRECTOR EVALUATION

The Commission discussed the process for conducting the Executive Director's performance review. Commissioner Mangum and Commissioner Veator will draft an evaluation form to be presented to the Commission for approval. Executive Director Karen L. Nober provided a copy of the job description that is currently on file for her position and offered to provide proposed updates to that description for consideration by the Commission.

 

ADJOURNMENT

At 12:06 p.m., on the motion of Commissioner King, seconded by Commissioner Kempthorne, the Commission voted 5-0 to adjourn.

 

Respectfully submitted,

 

David Giannotti
Public Education and Communications Division Chief