PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:37 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 all participated remotely.
REMOTE PARTICIPATION
Chair Krokidas announced that the meeting would take place remotely pursuant to the law signed by Governor Baker on June 16, 2021 extending certain COVID-19 measures adopted during the state of emergency. Chair Krokidas stated that she, Vice Chair Kantrowitz, and Commissioners Martinez, Edwards, and Hackshaw were all 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 Vice Chair Kantrowitz, seconded by Commissioner Edwards, the Commission voted 5-0 to waive the reading and approve the public session minutes of the March 11, 2022, March 15, 2022, and March 17, 2022 Commission meetings.
| 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 Assistant Enforcement Counsel Tracy Morong has resigned her position in order to rejoin the Board of Registration in Medicine. He thanked Ms. Morong for her dedicated service to the Commission and wished her success in her new role. Chair Krokidas commended Ms. Morong for her significant contributions to the Commission over the past five years.
Budget
Mr. Wilson reported that he provided testimony to the Joint Committee on Ways and Means at a virtual hearing on March 21, 2022 in support of the Commission’s Fiscal Year 2023 maintenance budget request for $2,954,468, which is approximately $288,000 more than the amount appropriated to the Commission for Fiscal Year 2022. He stated that the House Committee on Ways and Means recently released its Fiscal Year 2023 budget recommendations and they include the full amount the Commission requested. Mr. Wilson said that the House is expected to soon debate and approve its version of the Fiscal Year 2023 budget, and that the Senate Committee on Ways and Means would likely release its Fiscal Year 2023 budget recommendations in early May.
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 the Commission has reviewed and provided edits on a draft of the core section of the fully developed course and all other sections of the course script. He noted that the fully developed English version of the course is on track to be delivered in June, with the Spanish, Portuguese, and Chinese versions being completed during the summer. Mr. Tuoti said that the Commission and the vendor, SkillBurst Interactive, are finalizing the statement of work for the content delivery learning management system. Vice Chair Kantrowitz asked about the duration of the conflict of interest law online training programs. Mr. Tuoti said that the duration of the online training programs will be approximately an hour.
Mr. Wilson provided an update on the replacement of the Commission’s legacy case management system, Ethos, in the absence of Government Affairs Officer and project leader Robert Milt. He reminded the Commission that two vendors had provided responses to the Legal Case Management System consortium’s RFQ and demonstrated their products to the Strategic Sourcing Team and EOTSS. Mr. Wilson said that the Strategic Sourcing Team is currently evaluating the bids and will announce an apparent successful bidder within a few weeks. He said that he hopes the new case management system will be available by next year.
Mr. Wilson thanked Mr. Tuoti and Mr. Milt for their leadership and diligence in managing the two projects.
Uzbekistan Delegation
Mr. Wilson reported that the Commission office will be visited by a delegation from Uzbekistan on April 22, 2022. He explained that the thirteen-member delegation consists of officials from different branches of the Uzbek government. Mr. Wilson noted that the delegation will be escorted by Judge Robert J. Cordy, former Associate Justice of the Supreme Judicial Court and former Assistant General Counsel to the Commission. He said that the delegation will also visit the offices of the Attorney General, Inspector General, U.S. Attorney, and Federal Bureau of Investigation. Mr. Wilson invited the Commission to let him know if they were interested in meeting the delegation.
The Commission recessed at 9:57 a.m. and reconvened at 10:02 a.m.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for May 31, 2022 at 9:30 a.m. Following discussion, the Commission scheduled its subsequent meeting for June 16, 2022 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 2022.
Mr. Giannotti thanked Public Information Officer Gerry Tuoti, Program Coordinator Arthur Xia, and Information Technology Specialist Tony Webb for their assistance to ensure that the Commission’s first hybrid hearing runs smoothly.
Mr. Giannotti updated the Commission on efforts to collect acknowledgments from elected state and county officials concerning conflict of interest law education requirements. He explained that all public employees, including elected state and county officials, are required to comply with the education requirement in 2022 by acknowledging receipt of the summary of the conflict of interest law within 30 days of receipt. Mr. Giannotti said that Mr. Xia notified all state and county agencies, municipalities and independent municipal agencies, charter schools, and regional school districts and educational collaboratives on January 18, 2022 concerning the education requirements and also notified all 325 elected state and county officials. He reported that, as of March 25, 2022, all summary acknowledgements have been collected from elected state and county officials. Mr. Giannotti commended Mr. Xia for collecting the summary acknowledgements from elected state and county officials in record time.
Mr. Giannotti reported that the 2020 State Ethics Commission Public Resolutions, formerly known as the calendar year Rulings, were issued on April 12, 2022. He explained that the Public Resolutions are the Commission’s official publication of opinions, advisories, and decisions.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for March 2022
Ms. Slattery presented the following Legal Division metrics for March 2022.
- Written advice. The Legal Division answered by letter or e-mail 68 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 4 pertained to SFIs.
| March 2021 (same month prior year) (total/SFI): | 69/15 |
| February 2022 (previous month) (total/SFI): | 37/6 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 503 requests for advice from state, county, and municipal officials. Of these requests, 37 pertained to SFIs.
| March 2021 (same month prior year) (total/SFI): | 439/15 |
| February 2022 (previous month) (total/SFI): | 349/28 |
- Review of municipal letters. Division staff reviewed 1 letter issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| March 2021 (same month prior year): | 2 |
| February 2022 (previous month): | 0 |
- Backlog. As of April 13, 2022, the Division has 11 pending requests for written advice that are more than 30 days old. There is a total of 25 pending requests for written advice.
SFI Summary
Legal Division Deputy Chief/SFI Lauren Duca provided an update on the Calendar Year 2021 Statement of Financial Interests (SFI) filing season. Ms. Duca reported that nearly half of approximately 3,700 people have already filed an SFI for Calendar Year 2021. She said that the SFI system will begin sending periodic reminders to the remaining appointed public employees two weeks prior to their May 2nd filing deadline.
Adjudicatory Matters
Ms. Slattery presented the April/May calendar of hearing dates and pre-hearing conferences in pending Commission adjudicatory proceedings. She reminded the Commission that the adjudicatory hearing regarding In the Matters of Susan Anderson, et al. is scheduled for April 20-22, 2022 and April 27-29, 2022 at 10:15 a.m.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in Comtois v. State Ethics Commission, Appeals Court Docket No. 2021-P-1151, the Supreme Judicial Court denied Mr. Comtois’s application for Direct Appellate Review on March 23, 2022. Ms. Slattery noted that the Commission requested and received an extension of time to file its brief, which is now due on May 13, 2022.
Ms. Slattery reported that, in Fournier v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2184CV2474B, the Commission served on Mr. Fournier Defendant’s 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 April 7, 2022. Mr. Wilson commended Assistant General Counsel Ting Chiu for her excellent work on the brief.
Commission Projects
Ms. Slattery provided an update on projects discussed at prior Commission meetings. She reported that the Enforcement Committee met on March 22, 2022 to discuss the Commission’s Enforcement Procedures.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Case Metrics and Enforcement Intake Metrics.
Ms. Brookman reported that the Enforcement Division reduced the overall number of complaints in intake by 44 complaints.
Ms. Brookman said that Assistant Enforcement Counsel Tracy Morong will be sorely missed as she rejoins the Board of Registration in Medicine. Vice Chair Kantrowitz asked how long it would take to fill the Assistant Enforcement Counsel position vacancy. Mr. Wilson responded that a notice of vacancy will soon be posted, but that the process of hiring a qualified candidate could take a few months. He noted that the Commission is currently in the process of hiring a new Receptionist.
EXECUTIVE SESSION
At 10:19 a.m., on the motion of Vice Chair Kantrowitz, seconded by Commissioner Martinez, 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.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of April 19, 2022
- Minutes of the Commission Meeting of March 11, 2022 Public Session
- Minutes of the Commission Meeting of March 15, 2022 Public Session
- Minutes of the Commission Meeting of March 17, 2022 Public Session
- Memorandum dated April 13, 2022 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in March 2022
- Memorandum dated April 13, 2022 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
- Commission’s 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)
- Memorandum dated April 11, 2022 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning an update on pending projects
- Enforcement Case Metrics
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Program Coordinator