December 20, 2018 State Ethics Commission Meeting Minutes - Public Session

PUBLIC SESSION

MEETING CONVENED

Chair Maria J. Krokidas called the meeting to order at 9:35 a.m. Also in attendance were Commissioner Thomas J. Sartory, Commissioner R. Marc Kantrowitz, and Commissioner Josefina Martinez. Vice Chair David A. Mills was not in attendance.

APPROVAL OF MEETING MINUTES

On the motion of Commissioner Sartory, seconded by Commissioner Kantrowitz, the Commission voted 4-0 to waive the reading and approve the public session and executive session minutes of the November 15, 2018 Commission meeting.

EXECUTIVE DIRECTOR’S REPORT

Executive Director David A. Wilson presented his monthly report.

Personnel

Mr. Wilson stated that two new employees, Special Investigator Lynn Edmonds and Assistant Enforcement Counsel Victoria Giuliano began working at the Commission on December 10. Ms. Edmonds previously worked for the New York City Civilian Complaint Review Board, and Ms. Giuliano previously worked as an Assistant District Attorney for the Middlesex County District Attorney’s Office. He said the arrival of the two new employees brings the Enforcement Division to a full staffing level of 10, although one investigator is currently on leave, and another investigator is expected to soon go on leave.

Mr. Wilson said attorney T. Michael McDonald, an associate at Cunha & Holcomb, P.C., has accepted our offer to become an Assistant General Counsel and is expected to begin work in January. Mr. Wilson said there is one remaining vacancy in the Legal Division, and that the position would be posted in early January.

Budget

Mr. Wilson invited Government Affairs Officer Robert Milt to provide an update on the Commission’s budget. Mr. Milt said that, on November 20, the Commission submitted its Fiscal Year 2020 budget expansion request to the Executive Office of Administration and Finance.  In October, the Commission submitted its Fiscal Year 2020 maintenance budget request. He said the expansion request included approximately $65,000 in funding for a new administrative assistant position to support the Public Education and Communications Division as well as the Executive Director. If approved, the budget expansion and maintenance budget requests would bring the Commission’s budget to approximately $2.4 million.

Collection of Civil Penalties

Mr. Wilson said that the Commission has been examining ways to collect unpaid civil penalties. He said that Mr. Milt and General Counsel Eve Slattery have looked into the use of collection agencies and spoken with staff at the Department of Revenue about potentially working together to collect unpaid civil penalties. Ms. Slattery said the Department of Revenue has several collection resources available, including lien and garnishment programs. Additionally, the Commission is looking into enrolling in an intercept program through the Office of the Comptroller, which could potentially intercept payments such as tax refunds from subjects who owe outstanding civil penalties. Ms. Slattery said that there is a total of more than $50,000 in unpaid civil penalties from approximately a half-dozen people from the past five years. All civil penalties collected by the Commission revert to the Commonwealth’s General Fund.

COGEL Conference

Mr. Wilson reported that Ms. Slattery, Mr. Milt, Staff Counsel Amy Bressler Nee, Staff Counsel Norah Mallam, and himself attended the annual Council on Governmental Ethics Laws (COGEL) conference in Philadelphia December 9-12. He said the conference featured a speech by former White House Counsel John Dean, a screening of the documentary “Dark Money”, sessions on sexual harassment in government, discussions on leadership and management, and other workshops on relevant topics.

New Legislators Academy

Mr. Wilson reported that he and Ms. Slattery attended the Academy for New Legislators held at the University of Massachusetts-Amherst on December 13^th. Mr. Wilson said he and Ms. Slattery participated in a panel discussion on ethics and the role of the Commission with Senate Ethics Committee Chair Sen. Michael J. Rodrigues, House Ethics Committee Chair Rep. Christopher M. Markey, Senate Counsel Jennifer Miller and House Counsel Jim Kennedy.

Next Meeting

After discussion, the Commission scheduled the next Commission meeting for January 23, 2019 at 9:30 a.m.

PUBLIC EDUCATION DIVISION REPORT

Public Education and Communications Division Chief David Giannotti presented the monthly Public Education Division Report.

Mr. Giannotti reported on educational seminars conducted in November and stated that he recently conducted seminars at a UMass Chancellors meeting at UMass-Amherst that was organized by the UMass General Counsel’s office, and that he also conducted a seminar in Milford for the Massachusetts Association of School Business Officers, which was attended by over 160 business officials from school districts across the state. 

Mr. Giannotti said that the 2016-2017 Ethics Commission Rulings, reporting the Commission’s public legal opinions and enforcement actions, has been issued and would soon be posted on the Commission’s website.

Mr. Giannotti stated the new compliance period for the conflict of interest law education requirements has begun.  During the current compliance period, all public employees will be required to acknowledge receipt of a summary of the conflict of interest law and complete the online training program. He said the deadline for completing the online training program is early April.

LEGAL DIVISION MATTERS

General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.

Legal Division Metrics for November 2018

Ms. Slattery presented the following Legal Division metrics for September 2018. 

• Written advice.  The Legal Division answered by letter or email 59 written requests for advisory opinions under G.L. c. 268A and c. 268B.

          For comparison:  November 2017 (same month last year):        52
                                        October 2018 (previous month):                     51

• Oral advice.  The Legal Division attorneys provided advice by telephone or on a walk-in basis in response to 333 requests for advice from state, county and municipal officials.

          For comparison:  November 2017 (same month last year):        369    
                                        October 2018 (previous month):                     415

• Review of municipal letters.  Division staff reviewed 0 letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.

          For comparison:  November 2017 (same month last year):                    2    
                                        October 2018 (previous month):                                 2                    

• Backlog.  As of today, the Division has 2 pending requests for written advice that are more than 30 days old.  There is a total of 26 pending requests for written advice.

SFI Summary

Ms. Slattery provided an update on Statements of Financial Interests. She reported that on November 9, the SFI Team sent requests to agencies for their lists of designated employees required to file SFIs. The SFI Team has continued to assist agency liaisons with questions about the designation lists. Ms. Slattery reported that the SFI Team has an agreement in place with a vendor to provide maintenance and support during the CY 2018 filing season. Ms. Slattery said the SFI Team continues to assist new filers in completing their CY 2017 SFIs.

Litigation Matters

McGovern v. State Ethics Commission:  Appeals Court Docket No. 2018-P-1060.  This is an appeal pursuant to G.L. c. 30A from a May 4, 2018 Superior Court decision affirming the Commission finding that McGovern violated Section 23(b)(2)(ii) by knowingly, or with reason to know, using his position as a Lieutenant for the Agawam Police Department (“APD”) to provide unwarranted benefits or privileges of substantial value to fellow APD Officer, Danielle Petrangelo, by failing to arrest, issue a citation, or to properly investigate Petrangelo for motor vehicle offenses, despite probable cause that she had been operating a motor vehicle the wrong-way on a state highway while intoxicated.  On October 11, 2018, McGovern filed his brief and appendix.  The Commission filed its brief on November 13, 2018.  McGovern did not file a reply brief.  The case has not yet been scheduled for oral argument. 

Adjudicatory Matters

Ms. Slattery reported that an Order to Show Cause was issued December 17, 2018 alleging that Oscar Walker failed to file a 2017 Statement of Financial Interests. Commissioner Kantrowitz volunteered to serve as hearing officer. Ms. Slattery said that Staff Counsel Amy Bressler Nee would serve as legal advisor.

ENFORCEMENT DIVISION MATTERS

Investigations Unit Metrics Report

Enforcement Division Chief Monica Brookman welcomed Ms. Edmonds and Ms. Giuliano. Ms. Brookman presented the Enforcement Intake Metrics for November 2018. The Commission discussed the metrics for open matters. Ms. Brookman said the Enforcement Division continues to work to reduce the number open matters, with an eventual goal of having no open matters that are more than six months old.

EXECUTIVE SESSION

At 10:12 a.m., on the motion of Chair Krokidas, seconded by Commissioner Kantrowitz, the Commission voted 4-0 to enter executive session to discuss matters subject to the provisions of G.L. c. 30A, § 21, subparagraph (a)(7), and § 18, and G.L. c. 268B, §§ 3 and 4, including investigatory matters, preliminary inquiries, a summons authorization request, a disposition agreement, and advisory opinions.

Chair Krokidas stated that the Commission would not reconvene in public session following the executive session.

VOTE:  Chair Krokidas                    yes    
             Commissioner Mills            yes  
             Commissioner Sartory        yes  
             Commissioner Kantrowitz  yes
             Commissioner Martinez      yes 

LIST OF DOCUMENTS USED AT THIS MEETING

1. Agenda for the Commission Meeting of December 20, 2018
    
2. Minutes of the State Ethics Commission Meeting of November 15, 2018 Public and Executive Sessions
    
3. Memorandum dated December 13, 2018 from Public Education and Communications Division Chief David Giannotti to the Commission concerning the Public Education and Communications Division report for the meeting
    
4. Memorandum dated December 14, 2018 from General Counsel/Legal Division Chief Eve Slattery to the Commission setting forth Legal Division matters for the December 20, 2018 meeting
    
5. Report of Enforcement Division Intake Metrics

Respectfully submitted,

Gerry Tuoti

Public Information Officer