PUBLIC SESSION
MEETING CONVENED
Chair Margot Botsford called the meeting to order at 10:31 a.m. Also in attendance were Vice Chair Thomas A. Connors, Commissioner Wilbur P. Edwards, Jr., and Commissioner Eron Hackshaw. Commissioner Hackshaw participated remotely.
REMOTE PARTICIPATION
Chair Botsford 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 28, 2025. Chair Botsford noted that all votes at the meeting would be taken by roll call.
APPROVAL OF MEETING MINUTES
On the motion of Chair Botsford, seconded by Vice Chair Connors, the Commission voted 4-0 to waive the reading and approve the public session minutes of the March 20, 2025 Commission meeting.
| Vote: | |
|---|---|
| Chair Botsford | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Vice Chair Connors | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson congratulated Chair Botsford on being named a 2025 recipient of William James College’s Mental Health Humanitarian Award. He noted that Chair Botsford and the other award recipients will be recognized at a ceremony on May 8, 2025 in Boston.
Mr. Wilson welcomed Administrative Assistant and Receptionist Arisa Waguespack, who joined the Commission staff in December 2024, to her first Commission meeting.
Mr. Wilson stated that the retirement party for Public Education and Communications Division Chief David Giannotti will be held on June 17, 2025 at 4:30-7:30 p.m., at a location to be announced.
Budget
Mr. Wilson provided an update on the Commission’s Fiscal Year 2026 budget. He reported that, on March 28, 2025, he provided testimony before the Joint Committee on Ways and Means at a hearing at Clinton Town Hall in support of the Commission’s Fiscal Year 2026 budget request of $4,046,721. Mr. Wilson noted that Government Affairs Officer Jennifer McCullough and Senior Public Information Officer Gerry Tuoti, who helped him to prepare and submit his written testimony to the Joint Committee, also attended the hearing. He reported that, notwithstanding his written and spoken testimony before the Joint Committee, the House Committee on Ways and Means released its budget recommendations on April 16th, which include only $1 more in funding for the Commission than the Governor’s budget. Mr. Wilson requested Ms. McCullough to provide the Commission with a brief report on the many actions that have been taken, in addition to his March 28th budget testimony, in support of the Commission’s Fiscal Year 2026 budget request since the Commission’s March meeting.
Ms. McCullough stated that she and Mr. Wilson have already met with several members of the House and Senate Committees on Ways and Means and the Executive Office for Administration and Finance to discuss the Commission’s work and provide support for the Commission’s Fiscal Year 2026 budget request. She stated that she and Mr. Wilson met on April 3rd in the Governor’s Legal Counsel’s office to discuss the Commission’s budget with Governor Healey’s Chief Legal Counsel Paige Scott Reed, Deputy Legal Counsel Cassandra Roeder, and the General Counsel for the Executive Office for Administration and Finance Martha Kwasnik. She further reported that Representative Brandy Fluker-Reid filed an amendment to increase the Commission’s funding in the House budget bill by $185,000 over the amount recommended by the House Ways and Means Committee. Ms. McCullough said that she expects the Senate Committee on Ways and Means to release its budget recommendations on May 7th. Mr. Wilson added that, while there are several cosponsors of the amendment filed by Representative Fluker-Reid, approximately 1,600 amendments to the House Ways and Means recommendations have been filed. He noted that the Commission’s final Fiscal Year 2026 budget outcome will likely be influenced by factors beyond the Commission’s control at both the state and national levels.
Vice Chair Connors inquired about any further developments regarding the substantial chargeback imposed by the Executive Office of Technology Services and Security (EOTSS) and its impact on the Commission’s budget. Mr. Wilson responded that the decision for EOTSS to begin billing agencies for its overhead costs was made at the highest levels, and that, under the new methodology, EOTSS will be charging agencies in proportion to their use of EOTSS services from now on. Ms. McCullough reported that the chargeback represents a 77% increase in IT-related costs for the Commission and noted that a different independent agency similar in size to the Commission faced a 212% increase.
Ongoing Projects
Mr. Wilson reported that substantial progress has been made with the additional branched content in the Commission’s online conflict of interest law training program, the implementation of the new Legal Case Management System, and the replacement of the Commission’s existing SFI filing system, which will be discussed during the monthly reports of the Public Education and Communications Division and the Legal Division.
New Commissioners
Mr. Wilson reported that he has been in contact with the Governor’s Boards and Commissions Office and has been told that the Governor is currently reviewing candidates for appointment as new commissioners to succeed Vice Chair Martinez and Commissioner Edwards. He stated that he also discussed the need for the Commissioner appointments with the Governor’s Chief Legal Counsel Paige Scott Reed during the April 3rd budget meeting. He noted that the Commissioner appointments may be subject to further delay as it was stated during the Judiciary’s budget testimony at the March 28th Joint Committee on Ways and Means hearing that 17 judicial vacancies were waiting to be filled by the Governor.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for May 22, 2025 at 9:30 a.m. Following discussion, the Commission scheduled its subsequent meeting for June 30, 2025 at 9:30 a.m.
COMPENSATION OF UNCLASSIFIED STAFF OTHER THAN THE EXECUTIVE DIRECTOR
Mr. Wilson reminded the Commission that nine Commission staff are paid according to the NAGE Unit 6 Collective Bargaining Agreement salary schedule and the rest of the staff, other than himself, are paid salaries determined by the Executive Director in consultation with the Commission’s Chief Financial Officer Alice Wu and approved by the Commission. He said that he is now requesting that the Commission approve a 3% cost-of-living salary increase for the Commission’s non-Unit 6 CBA salary schedule paid (“non-Unit 6”) employees, other than himself, retroactive to January 1, 2025, to match the 3% cost-of-living increase already received by the Unit 6 CBA salary schedule paid (“Unit 6”) employees on January 28, 2025 under the current CBA. Mr. Wilson said that he is also requesting the Commission’s approval to provide, at his discretion and in consultation with Ms. Wu, annual ‘step’ or longevity increases for junior staff non-Unit 6 comparable to those provided to Unit 6 employees. He noted that the Commission’s Fiscal Year 2025 maintenance budget includes funding for these salary increases.
Mr. Wilson stated that, due to the Commission’s budget situation, the prospect for salary increases in Fiscal Year 2026 for the Commission’s non-Unit 6 employees is very dim. He explained that this is the last opportunity for the Commission to provide these increases for the Commission’s non-Unit 6 employees and to maintain parity with the compensation of Unit 6 employees who will continue to receive cost-of-living increases in the coming fiscal year under the current CBA.
On the motion of Vice Chair Connors, seconded by Commissioner Edwards, the Commission voted 4-0 to approve first, a 3% cost-of-living salary increase retroactive to January 1, 2025 for all Commission staff, other than the Executive Director, who are not paid according other NAGE Unit 6 Collective Bargaining Agreement (“Unit 6 CBA”) salary schedule; and second, merit and equity-based longevity “step equivalent” increase in FY 2025 for junior and mid-level staff who are not paid according to the Unit 6 CBA salary schedule, at the discretion of the Executive Director and in individual amounts to be determined by him in consultation with the Chief Financial Officer.
| Vote: | |
|---|---|
| Chair Botsford | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Vice Chair Connors | Yes |
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
Public Education and Communications Division Chief David Giannotti presented his memorandum reporting on the Public Education and Communications Division’s activities during March 2025.
Mr. Giannotti provided an update on the online conflict of interest law training program and hosting platform. He reported that he, Senior Public Information Officer Gerry Tuoti, and Senior Program Coordinator Arthur Xia responded to 665 calls and e-mails regarding the online learning training program and hosting platform in March, a decrease from the 886 calls and e-mails as reported at the March meeting and the 1,286 calls and emails reported at the February meeting. Mr. Giannotti noted that Ms. Waguespack is now assisting the Public Education and Communications Division in responding to calls and e-mails about the online learning program and hosting platform. Chair Botsford asked if there was a particular trend that explains why the number of calls and e-mails received on Monday, March 31 were so high. Mr. Giannotti explained that automated weekly reminder emails are sent every weekend to all registered users with past due courses or approaching deadlines, so the number of calls and e-mails received tend to be higher at the beginning of each week.
At Mr. Giannotti’s request, Mr. Tuoti provided an update on the new branched content for legislative staff for the online training program. Mr. Tuoti reported that, in late March, the vendor, SkillBurst Interactive, finished producing a draft version of the developed module, complete with visual elements and recorded narration. He further reported that the project team then identified a few additional edits, which the vendor addressed in a final draft of the module. Mr. Tuoti stated that the vendor has produced closed captioning in English and will begin producing closed captioning in Spanish, Portuguese, Haitian Creole, and traditional and simplified Chinese later this week. He noted that the Commission will independently evaluate the translations for accuracy and context and stated that the project is on track for completion before the end of June. Mr. Tuoti reported that the vendor proposed a solution to resolve accessibility concerns that the EOTSS Accessibility Team identified with the Summary Acknowledgement Modules. He explained that the acknowledgment will be displayed as an HTML webpage rather than as an embedded PDF, which will improve the user experience for those using assistive technology such as screen readers. Mr. Tuoti noted that the new approach has been approved by the accessibility reviewer at EOTSS and will soon be implemented. Mr. Giannotti explained that all state agencies are required by law to ensure that their web content meets WCAG 2.1 Level A and Level AA accessibility standards by April 24, 2026.
Mr. Giannotti provided an update on the Legal Case Management System project. He stated that the project team is continuing to work with the vendor to implement features to allow the system to accommodate online forms submissions of complaints, requests for advice, conflict of interest law disclosures, electronic case filings, public records requests, updated lists of special municipal employees, and charter school board member financial disclosures. Mr. Giannotti noted that the project team is also continuing to work to implement a document search feature to highlight words and phrases for all documents uploaded in the system.
Mr. Giannotti reported that, as of today, the Commission has the same number of LinkedIn followers as the Council on Governmental Ethics Laws’ LinkedIn page.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division in March 2025.
Legal Division Metrics for March 2025
Ms. Slattery presented the following Legal Division metrics for March 2025.
- Written advice. The Legal Division answered by letter or e-mail 37 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 3 pertained to SFIs.
| For comparison: | |
|---|---|
| March 2024 (same month prior year) (total/SFI): | 61/16 |
| February 2025 (previous month) (total/SFI): | 49/4 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 361 requests for advice from state, county, and municipal officials. Of these requests, 7 pertained to SFIs.
| For comparison: | |
|---|---|
| March 2024 (same month prior year) (total/SFI): | 379/15 |
| February 2025 (previous month) (total/SFI): | 361/7 |
- 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.
| For comparison: | |
|---|---|
| March 2024 (same month prior year): | 2 |
| February 2025 (previous month): | 1 |
- Backlog. As of April 23, 2025, the Division has 0 pending requests for written advice that are more than 30 days old. There are a total of 10 pending requests for written advice.
Chair Botsford asked whether the number of letters issued by city solicitors and town counsel that are reviewed by the Legal Division has been trending downward over the years. Ms. Slattery explained that municipal employees may request a written opinion from the Commission directly rather than their own city solicitors or town counsel, which may reflect a decrease in the number of municipal opinions received by the Commission than in years past.
Adjudicatory Matters
Ms. Slattery presented the April/May calendar of conferences/hearings in pending Commission adjudicatory proceedings.
Office of State Auditor Audit
Ms. Slattery provided an update on the ongoing performance audit of the Commission by the State Auditor’s Office. She reported that, last week, the Commission received an audit engagement letter from the State Auditor’s Office, which is the formal notice that outlines the purpose, objectives, and scope of the audit. Ms. Slattery explained that the audit initially focused on how the Commission conducts reviews and investigations regarding statements of financial interests, the receipt and processing of written requests for advisory opinions, and the issuance of advisory opinions, for the period of July 1, 2022 to June 30, 2024. She reported that the State Auditor’s Office has now expanded the scope of its review to also include how the Commission investigates violations of the conflict of interest law and financial disclosure law. Ms. Slattery stated that the Commission staff is continuing to meet with the auditors to review the Commission’s processes and to respond to all their requests for documentation. She said that the audit is expected to last at least a few more months.
Mediation Policy
Ms. Slattery provided an update on the Commission’s mediation policy adopted September 15, 2021. She explained that the mediation policy was initially a pilot program that would last a year so that its suitability for the Commission could be evaluated. Ms. Slattery noted that former Commissioner Swartwood conducted the first and only mediation under the mediation policy in the Gary Haley matter. She reported that both parties in the Thomas Brady matter have recently agreed to mediate. Vice Chair Connors asked whether the mediation policy has expired. Ms. Slattery explained that, while the Commission’s mediation policy states that it will “be in effect for one year from the date of this policy,” it does not technically expire. Chair Botsford stated that the Commission would continue its discussion about whether to extend or adopt the mediation policy following the mediation in the Brady matter.
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on Statements of Financial Interests (SFI) for Calendar Year 2024. Ms. Duca said that the filing deadline for appointed public employees is May 1, 2025. She reported that, to date, 596 of the approximately 4,000 public employees still needed to file their Calendar Year 2024 SFI. Ms. Duca noted that the filing deadline for elected public officials is May 27, 2025. She further reported that the SFI Team handled a total of 106 phone calls, emails, and walk-ins for SFI assistance in March.
Ms. Duca provided an update on the replacement of the Commission’s existing SFI filing system. She reported that the SFI Team posted a Request for Quotation (RFQ) on March 8, 2025 to procure a consultant to assist with the development of a replacement SFI system, and a Request for Information (RFI) on March 21, 2025 to seek information from prospective vendors regarding a set of recommendations and technical requirements for the development of a replacement SFI system. Ms. Duca reported that three vendors provided responses to the Commission’s RFQ, and one vendor provided a response to the RFI. She said that the SFI team will meet next week to evaluate their proposals, and that the EOTSS Strategy Team will consult on the matter but will not vote on the proposals.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Case Metrics and Enforcement Intake Metrics for March 2025. Ms. Brookman noted that the metrics presented at the Commission meeting will now distinguish between the intakes received and matters that are under review. She explained that the Enforcement Division may receive multiple complaints about the same matter, which can now be clearly displayed in the new Legal Case Management System. Ms. Brookman reported that the Division is still working to reduce the backlog, with 42 open complaints that are over three months old.
EXECUTIVE SESSION
At 11:13 a.m., on the motion of Chair Botsford, seconded by Commissioner Edwards, 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, summons authorization requests, and adjudicatory matters.
| Vote: | |
|---|---|
| Chair Botsford | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Vice Chair Connors | Yes |
Chair Botsford 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 29, 2025
- Minutes of the Commission Meeting of March 20, 2025, Public Session
- Memorandum, dated April 23, 2025, from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in March 2025
- Memorandum, dated April 23, 2025, 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
- Letter, dated April 16, 2025, from State Auditor Diana DiZoglio to the Commission concerning the performance audit of the State Ethics Commission
- State Ethics Commission Mediation Policy
- Enforcement Case Metrics
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator