PUBLIC SESSION
MEETING CONVENED
Commissioner Wilbur P. Edwards, Jr. called the meeting to order at 9:32 a.m. Also in attendance were Commissioner Eron Hackshaw and Commissioner Thomas A. Connors. Vice Chair Josefina Martinez was absent.
REMOTE PARTICIPATION
Commissioner Edwards announced that the meeting would take place in-person with remote access provided to the public pursuant to the law signed by Governor Healey on March 29, 2023. Commissioner Edwards 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 Connors, the Commission voted 3-0 to waive the reading and approve the public session minutes of the March 23, 2023 Commission meeting.
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Commissioner Connors | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson welcomed new Special Assistant to Administration and SFI Rose Costa, who previously worked at the State Treasurer’s Office. He explained that Ms. Costa will provide administrative support to the Executive Director and assist in the administration of the Statements of Financial Interests program.
Budget
Mr. Wilson reported that he and Government Affairs Officer Robert Milt provided testimony before the Joint Committee on Ways and Means at a hearing in Springfield on April 4, 2023, in support of the Commission’s Fiscal Year 2024 budget request. He stated that the House Committee on Ways and Means released its budget recommendations on April 12, 2023, which include the same level of funding for the Commission as the Governor’s budget, about a $400,000 increase over Fiscal Year 2023, but still approximately $150,000 less than the Commission’s full budget request. Commissioner Hackshaw asked how the lower level of funding for Fiscal Year 2024 will affect the Commission. Mr. Wilson explained that the Commission’s request apparently assumes a higher rate of inflation than the lower funding level appears to, and that the effect of the lower funding level on the Commission would in part depend on the actual inflation rate in Fiscal Year 2024. He affirmed that competitive staff salaries will remain a Commission priority in any case.
Ongoing Projects
At Mr. Wilson’s request, Senior Public Information and Communications Officer Gerry Tuoti provided an update on the Commission’s new conflict of interest law online training programs. Mr. Tuoti reported that more than 90,000 state, county, and municipal employees have registered for the new online learning platform, and approximately 150,000 completion certificates have been issued since its launch on January 12, 2023. Mr. Tuoti said that the number of inquiries regarding the new system remains high but has been trending downward. He reported that approximately 98% of all users successfully completed the online training programs without requesting assistance from the Commission. Mr. Tuoti said that he will continue to work with the vendor, SkillBurst Interactive, to improve user experience, including enabling users to be associated with more than one agency and implementing a bulk user import option.
Mr. Wilson provided an update on the replacement of the Commission’s legacy case management system, Ethos, in the absence of project leader Mr. Milt. He reported that a series of workshops with the vendor were initially scheduled for this month but has been rescheduled to start next month. Mr. Wilson said that Mr. Milt will provide an update at the next Commission meeting.
Mr. Wilson thanked Mr. Tuoti for providing copies of the recently published Fiscal Year 2021 Annual Report to the Commission.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meetings are scheduled for May 18, 2023 at 9:30 a.m. and June 22, 2023 at 9:30 a.m.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
Public Education and Communications Division Chief David Giannotti presented his memorandum detailing Public Education and Communications Division activities for the month of March 2023.
Mr. Giannotti reported that Mr. Tuoti issued five press releases in March.
Mr. Giannotti reported that he conducted twelve public education seminars in March attended by 532 public employees. He noted that two public education seminars were conducted for vendors and consultants, one seminar for the Massachusetts School Building Authority Program for Furniture, Fixtures, and Equipment designers and subconsultants and the other seminar for the Inspector General’s Mass. School Building Authority Certification Program. Mr. Giannotti reported that he conducted five seminars for the Senate, one seminar for Senate members and five seminars for staff.
Mr. Giannotti reported that the Public Education and Communications Division responded to over 1,000 telephone and e-mail inquiries regarding the new online learning platform since its launch on January 12, 2023. He noted that the number of inquiries halved in February but increased to 648 in March. Mr. Giannotti reported that all charter schools have now registered to use the new online learning platform. He said that he was recently invited to provide a brief presentation on the new online learning platform at the Department of Elementary and Secondary Education’s quarterly Charter School Leadership meeting.
Mr. Giannotti reported that copies of the Fiscal Year 2021 Annual Report were sent to the State House Library and Social Law Library. Commissioner Edwards asked whether copies of the Annual Report are sent to the Legislature. Mr. Giannotti explained that the Annual Report is sent to the Senate President and the House Speaker.
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 a continued increase in requests for advice, likely due to public employees completing the new online training program.
Legal Division Metrics for March 2023
Ms. Slattery presented the following Legal Division metrics for March 2023.
- Written advice. The Legal Division answered by letter or e-mail 57 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 4 pertained to SFIs.
| March 2022 (same month prior year) (total/SFI): | 68/4 |
| February 2023 (previous month) (total/SFI): | 60/10 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 519 requests for advice from state, county, and municipal officials. Of these requests, 17 pertained to SFIs.
| March 2022 (same month prior year) (total/SFI): | 503/37 |
| February 2023 (previous month) (total/SFI): | 432/44 |
- Review of municipal letters. Division staff reviewed 3 letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| March 2022 (same month prior year): | 1 |
| February 2023 (previous month): | 2 |
- Backlog. As of April 13, 2023, the Division has 11 pending requests for written advice that are more than 30 days old. There is a total of 50 pending requests for written advice.
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on the Calendar Year 2022 Statement of Financial Interests (SFI) filing season. Ms. Duca noted that the filing deadline for appointed public employees is May 1, 2023. She reported that, to date, there are 1,619 people who still need to file their Calendar Year 2022 SFI. Ms. Duca stated that the SFI Team sent filing reminders to those who have not yet filed, and the SFI system automatically sends filing reminders. She said that the SFI Team is working with agency liaisons to contact current and former public employees who have not filed to remind them to file their SFI by the May 1st filing deadline.
Adjudicatory Matters
Ms. Slattery presented the April/May calendar of conferences/hearings in pending Commission adjudicatory proceedings.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in Donohue v. State Ethics Commission, Norfolk Superior Court Civil Action No. 2082CV00886, the Commission filed a motion to dismiss for failure to prosecute and a supporting memorandum of law without opposition on April 3, 2023. She thanked Staff Counsel Norah Mallam for drafting the motion to dismiss. Ms. Slattery noted that a hearing on the motion to dismiss is scheduled for May 9, 2023.
Ms. Slattery reported that, in Comtois v. State Ethics Commission, Appeals Court Docket No. 2021-P-1151, Comtois filed an application with the Supreme Judicial Court for further appellate review on April 11, 2023. She noted that she and Assistant General Counsel Mike McDonald are drafting an opposition to be filed with the Supreme Judicial Court.
Ms. Slattery reported that, in Haley v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2284CV02661, the Commission served on Haley a Memorandum in Opposition to Plaintiff’s Motion for Judgment on the Pleadings and in Support of its Cross-Motion for Judgment on the Pleadings Pursuant to Mass. R. Civ. P. 12(c) on March 29, 2023. She noted that Haley filed his motion and supporting memorandum and the Commission’s memorandum without a reply brief on March 31, 2023. Ms. Slattery thanked Staff Counsel Amy Bressler Nee for drafting the memorandum.
Ms. Slattery reported that, in McKeon v. Executive Office of Public Safety et al., Worcester Superior Court Civil Action No. 2285CV01305 and Anderson v. Executive Office of Public Safety et al., Worcester Superior Court Civil Action No. 2285CV1299C, as of March 24, 2023, both McKeon and Anderson dismissed with prejudice their case against the Commission.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Case Metrics and Enforcement Intake Metrics.
Ms. Brookman reported that the Enforcement Division received a significantly more than average amount of complaints in March, likely due to public employees completing the new online training program and increased political activity during election season. She noted that, despite the increased complaint intake, the Enforcement Division has continued to reduce the intake backlog.
EXECUTIVE SESSION
At 10:00 a.m., on the motion of Commissioner Edwards, seconded by Commissioner Hackshaw, the Commission voted 3-0 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.
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Commissioner Connors | Yes |
Commissioner Edwards stated that the Commission would not reconvene in public session following the executive session.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of April 18, 2023
- Minutes of the Commission Meeting of March 23, 2023 Public Session
- Memorandum dated April 13, 2023 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in March 2023
- Memorandum dated April 13, 2023 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
- Enforcement Case Metrics
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator