PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:30 a.m. Also in attendance were Vice Chair R. Marc Kantrowitz, Commissioner Josefina Martinez, Commissioner Wilbur P. Edwards, Jr., and Commissioner Eron Hackshaw. Chair Krokidas, Vice Chair Kantrowitz, Commissioner Martinez, Commissioner Edwards, and Commissioner Hackshaw participated remote.
REMOTE PARTICIPATION
Chair Krokidas announced that the meeting would take place remotely pursuant to Governor Baker’s Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, § 20, dated March 12, 2020. She stated that she, Commissioners Kantrowitz, Martinez, Edwards, and Hackshaw were participating by video conference. She stated that members of the public had been invited to watch and listen to the public session via Zoom Webinar. Chair Krokidas noted that all votes at the meeting would be taken by roll call.
APPROVAL OF MEETING MINUTES
On the motion of Commissioner Edwards, seconded by Commissioner Martinez, the Commission voted 5-0 to waive the reading and approve the public session minutes of the March 18, 2021 Commission meeting.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson reported that the final round interviews for the Assistant Agency Counsel position had been completed, and reference checks were currently being conducted.
Budget
Mr. Wilson said that he provided testimony to the Joint Committee on Ways and Means on March 26, 2021 in support of the Commission’s Fiscal Year 2022 maintenance budget request for $2,666,373, which is approximately $83,000 more than the Commission’s funding for Fiscal Year 2021. He thanked Government Affairs Officer Robert Milt and Chief Financial Officer Alice Wu for their work on the budget.
At Mr. Wilson’s request, Mr. Milt provided an update on the Fiscal Year 2022 budget. Mr. Milt said that the Fiscal Year 2022 maintenance budget request is 3.2% more than the Commission’s funding for Fiscal Year 2021. He explained that the House Committee on Ways and Means recommended that the Commission receive our requested funding level of $2,666,373 and that House is expected to pass its version of the budget in two weeks. The Senate Committee on Ways and Means will release its recommended budget in May 2021. Mr. Milt said that after the House and Senate pass their respective budget bills, a House-Senate Conference Committee, will work out the difference between the two spending bills.
Ongoing Projects
At Mr. Wilson’s request, Public Information Officer Gerry Tuoti provided an update on the replacement of the Commission’s conflict of interest law online training programs. Mr. Tuoti reported that a total of 13 vendors provided responses to the Commission’s RFQ for the development of a new online training program. He said that the project team has evaluated their proposals and invited several vendors for interviews that will begin on April 16, 2021. Since it is expected that work on the project will begin in May 2021 and continue into Fiscal Year 2022, Mr. Tuoti added that the Commission has applied for continued capital project funding for Fiscal Year 2022, and that funding request is pending.
At Mr. Wilson’s request, Mr. Milt provided an update on the replacement of the Commission’s legacy case management system, Ethos. Mr. Milt reported that the Commission’s project team has hired consultant BerryDunn to oversee the selection of a new case management system. The consulting services will cost approximately $59,000 in capital funding. Mr. Milt added that a kickoff meeting with EOTSS, Department of Labor Relations, and Department of Mental Health is scheduled for April 28, 2021 to discuss a unified case management enterprise platform with separate solutions for each agency. Mr. Wilson thanked Mr. Tuoti and Mr. Milt for their work on the complex and extensive projects to review proposals, conduct interviews, and draft agreements.
Mr. Wilson said that the Commission is currently distributing work cell phones to staff members who require them to work from home in part so that they may make calls without disclosing their personal phone numbers. He thanked Chief Financial Officer Alice Wu and Information Technology Specialist Tony Webb for their work researching and procuring the cell phones.
Mr. Wilson stated that the Commission is currently conducting an anonymous survey to learn more about any concerns that staff may have about returning to the office. He explained that the survey data will help to better inform the planning of the eventual reopening of the office. Mr. Wilson thanked Public Education and Communications Division Chief David Giannotti, Mr. Tuoti, and Program Coordinator Arthur Xia for their work to create the survey.
Next Meeting
Following discussion, the Commission scheduled its next meeting for May 27, 2021 at 9:30 a.m., June 24, 2021 at 9:30 a.m., and July 29, 2021 at 9:30 a.m.
COMPENSATION OF CERTAIN COMMISSION EMPLOYEES
Mr. Wilson stated that some Commission staff members are paid according to the National Association of Government Employees (NAGE) Unit 6 Collective Bargaining Agreement salary schedule, and other staff members are paid at a level determined by the Executive Director in consultation with the Chief Financial Officer and approved by the Commission. He stated that a 2% increase in salaries for all Commission employees, other than the Executive Director, whose compensation is not set according to a collective bargaining agreement was provided for in the Fiscal Year 2021 budget but had not yet been put into effect. Mr. Wilson requested that the Commission approve a 2% increase in salaries of all Commission employees, other than the Executive Director, who have held their positions since the beginning of Fiscal Year 2021.
Chair Krokidas asked whether the Commission conducts performance reviews or provides performance bonuses to staff. Mr. Wilson said that performance reviews of Commission staff are currently being conducted and the budget includes funds for merit increases. Chair Krokidas asked what the process is for reviewing the salary and performance of the Executive Director. Commissioner Martinez explained that the commissioners discussed the information that she and Commissioner Sartory received from interviews with the Executive Director and the staff regarding his performance. Chair Krokidas stated that the Audit, Finance, and Human Resources Committee should report its recommendations on process for the evaluation of the performance of the Executive Director at the next Commission meeting.
On the motion of Chair Krokidas, seconded by Vice Chair Kantrowitz, the Commission voted 5-0 to approve for all Commission employees, other than the Executive Director, whose compensation is not set according to a collective bargaining agreement and who have been employed in their current positions since July 1, 2020 or earlier, a 2% salary increase retroactive to July 1, 2020; and for those Commission employees whose compensation is not set according to a collective bargaining agreement and who would have received step increases if their compensation had been determined by the NAGE Unit 6 collective bargaining agreement, individual salary increases equivalent to the step increases that they would have received in FY 2021 effective on the anniversary dates of their employment.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
In the absence of Public Education and Communications Division Chief David Giannotti, Public Information Officer Gerry Tuoti presented the memorandum detailing Public Education and Communications Division activities for the month of March 2021.
Mr. Tuoti reported that he issued a press release regarding the Douglas Gillespie matter during March 2021. He also reported that Mr. Giannotti conducted five 90-minute remote public education seminars during March 2021 attended by a total of 179 public employees, including the employees of the Trial Court and public employees enrolled in public procurement training courses provided by the Inspector General’s Office.
Mr. Tuoti explained that all public employees are required to acknowledge receipt of a summary of the conflict of interest law and complete the online training program during the Calendar Year 2021 compliance period. Since the Commission serves as the Keeper of the Records for elected state and county officials, Program Coordinator Arthur Xia notified all 327 elected state and county officials about the training requirements. Mr. Tuoti reported that 323 summary acknowledgements and 314 completion certificates have been submitted by elected state and county officials to the Commission. He noted that all members of the Legislature have fully complied with the training requirements.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division. Ms. Slattery reported that there has been an increase in requests for advice, likely due to public employees completing the online training program by the April deadline.
Legal Division Metrics for March 2021
Ms. Slattery presented the following Legal Division metrics for March 2021.
- Written advice. The Legal Division answered by letter or e-mail 69 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 15 pertained to SFIs.
| March 2020 (same month prior year) (total/SFI): | 57/9 |
| February 2021 (previous month) (total/SFI): | 45/13 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 439 requests for advice from state, county, and municipal officials. Of these requests, 15 pertained to SFIs.
| March 2020 (same month prior year) (total/SFI): | 356/60 |
| February 2021 (previous month) (total/SFI): | 403/45 |
- Review of municipal letters. Division staff reviewed 2 letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| March 2020 (same month last year): | 1 |
| February 2021 (previous month): | 1 |
- Backlog. As of March 8, 2021, the Division has 3 pending requests for written advice that are more than 30 days old. There is a total of 10 pending requests for written advice.
SFI Summary
Legal Division Deputy Chief/SFI Lauren Duca provided an update on the Calendar Year (CY) 2020 Statement of Financial Interests (SFI) filing season. Ms. Duca said that the SFI Team has been assisting filers in completing their SFI, including resolving technical issues while filing electronically and providing advice about what needs to be reported.
Ms. Duca said that on April 1, 2021, a notification reminder was sent through the SFI system to all non-filers about the May 3, 2021 filing deadline for appointed public employees. She reported that 1453 people have already filed, and 2273 people still need to file. Ms. Duca said that the SFI Team also asked agency liaisons, if necessary, to update the information in their filers’ user profiles in the SFI system.
Vice Chair Kantrowitz asked whether the Commission could enact a new regulation to ensure that public employees file their SFI before they leave public employment. Ms. Slattery explained that the Commission must work under the constraints of the filing deadlines set by the statute.
Adjudicatory Matters
Ms. Slattery presented the April/May calendar of conferences/hearings in pending Commission adjudicatory proceedings.
Litigation Matters
Ms. Slattery provided an update in litigation matters. She reported that the Commission still has not received the Plaintiff’s Motion for Judgment on the Pleadings in Donohue v. State Ethics Commission, Norfolk Superior Court Civil Action No. 2082CV00886. When Chair Krokidas asked whether the Commission has filed a motion to dismiss, Ms. Slattery said that a motion to dismiss has not been filed yet.
Ms. Slattery said that the hearing on the Motion for Judgment on the Pleadings in Comtois v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2084CV02105 will take place via Zoom on April 27, 2021 and will be argued by Assistant General Counsel T. Michael McDonald.
Commission Projects
Ms. Slattery provided an update on projects discussed at prior Commission meetings.
Government Affairs Officer Robert Milt presented his memorandum regarding the recommended efforts for the Commission to advocate for full regulatory authority of the conflict of interest law. Mr. Wilson explained that while the Commission testified before the Legislature’s Task Force on Integrity in State and Local Government several years ago, the Legislature has not since acted on the matter. However, Senate Minority Leader Bruce E. Tarr recently filed, at the Commission’s request, a bill that would grant full regulatory authority to the Commission.
Mr. Milt explained that the bill has been referred to the Joint Committee on State Administration and Regulatory Oversight, in which a hearing that would include this bill would likely be scheduled this fall. Chair Krokidas advised the Commission to carefully examine Mr. Milt’s memorandum and be prepared to respond to potential concerns regarding the bill.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics and Enforcement Case Metrics.
Ms. Brookman reported that in March 2021, the Enforcement Division received the most complaints in a single month in over a year. She noted that the number of complaints received in February 2021 was also significantly high. Ms. Brookman thanked the Public Education and Communications Division for their continued assistance to process complaint intake while the Enforcement Division remains short-staffed. She explained that the rise in complaints received may be due to multiple factors, including an increase of the number of public employees taking the online training in recent months, increased political activity during municipal election season, and an increased attendance of public meetings due to the ability to participate remotely. Ms. Brookman noted that even with the increase of complaints, the Division has been able to keep the complaint backlog relatively even, which she hopes will be further reduced when Special Investigator Lynn Edmonds returns from family leave in May 2021.
EXECUTIVE SESSION
At 10:44 a.m., on the motion of Chair Krokidas, seconded by Vice Chair Kantrowitz, the Commission voted 5-0 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, summons authorization requests, and adjudicatory matters.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
Chair Krokidas stated that the Commission would not reconvene in public session following the executive session.
The meeting recessed at 10:46 a.m. and reconvened at 10:57 a.m.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of April 15, 2021
- Minutes of the Commission Meeting of March 18, 2021 Public Session
- Memorandum dated April 8, 2021 from Public Education and Communications Division Chief David Giannotti to the Commission concerning the Public Education and Communications Division activities in March 2021
- Memorandum dated March 8, 2021 from General Counsel/Legal Division Chief Eve Slattery to the Commission setting forth Legal Division matters for the meeting
- Calendar of hearing dates and pre-hearing conferences in pending Commission adjudicatory matters
- Memorandum dated April 8, 2021 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning an update on pending projects
- Enforcement Intake Metrics
- Enforcement Case Metrics
Respectfully submitted,
Arthur Xia
Program Coordinator