PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:43 a.m. Also in attendance were Vice Chair R. Marc Kantrowitz, Commissioner Wilbur P. Edwards, Jr., and Commissioner Eron Hackshaw. Chair Krokidas, Vice Chair Kantrowitz, Commissioner Edwards, and Commissioner Hackshaw participated remotely. Commissioner Martinez joined the meeting at 9:49 a.m.
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 Chair Krokidas, seconded by Vice Chair Kantrowitz, the Commission voted 4-0 to waive the reading and approve the public session minutes of the November 17, 2021 Commission meeting.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
Commissioner Martinez joined the meeting at 9:49 a.m. and participated remotely. The vote on the approval of the public session minutes of the November 17, 2021 Commission meeting was amended to include Commissioner Martinez’s vote of “Yes.”
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson welcomed new Special Investigator Jean Perry, who joined the Commission staff on December 6, 2021. He reported that all Commission staff positions are now filled, and the Commission now has 28 employees.
Budget
Mr. Wilson stated that there were no significant Fiscal Year 2023 budget process developments to report for this meeting and that there would be more to report in January. He stated that the Commission is putting the current Fiscal Year 2022 funding to good use and noted that 93% of the Fiscal Year 2022 budget consists of staff salaries and benefits. He further noted that these costs increased in December due to salary increases approved by the Commission in November, but are still within the Commission’s planned Fiscal Year 2022 spending.
Ongoing Projects
At Mr. Wilson’s request, Government Affairs Officer Robert Milt provided an update on the replacement of the Commission’s legacy case management system, Ethos. Mr. Milt reported that the Legal Case Management System consortium received approval from the Executive Office of Technology Services and Security (EOTSS) to issue the Legal Case Management System RFQ (RFQ). He stated that the consortium issued the RFQ on November 16, 2021. Mr. Milt noted that vendor responses to the RFQ will be due on January 31, 2022. He stated that the consortium will continue to meet weekly as a Strategic Sourcing Team to receive responses, respond to bidder questions, and develop bid evaluation criteria. Mr. Milt said that each consortium member submitted their Fiscal Year 2023 capital funding request to EOTSS to fund the implementation costs, and EOTSS will later submit the overall funding request to the Executive Office for Administration and Finance. He reported that approximately $1.8 million in funding was requested, with the Commission accounting for about $400,000 of the total amount.
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 vendor, SkillBurst Interactive, drafted a revised script of the new training course for review by the project team. He explained that the vendor will then create the narrated script and will provide a preview of it to the Commission in January 2022. Mr. Tuoti reported that the statement of work for the content delivery learning management system is expected to be finalized in January, which will allow public agencies to automate certain processes that are currently handled manually.
Office Reopening
Mr. Wilson stated that the reopening to the public previously scheduled for this month has been postponed to January 2022 at the earliest due to a surge in COVID-19 cases; the reopening date will be determined by the future course of the pandemic. He reported that all Commission staff have been fully vaccinated and have provided proof of vaccination.
COGEL Conference
Mr. Wilson reported that a Commission delegation, consisting of Commissioner Edwards and eleven staff members, attended the virtual Council on Governmental Ethics Laws (COGEL) conference on December 6-8, 2021.
Next Meeting
Following discussion, the Commission scheduled its next meeting for January 19, 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 November 2021. He thanked Mr. Tuoti for filling in to take the meeting minutes while Program Coordinator Arthur Xia is away on vacation and for his hard work drafting and issuing five press releases during the month of November.
Mr. Giannotti reported that he conducted three public education seminars in November attended by a total of 96 public employees. He said that he also conducted a conflict of interest law briefing for the Non-Emergency Human Services Transportation Task Force attended by a total of 37 public employees.
Mr. Giannotti thanked Mr. Tuoti, Mr. Milt, and Mr. Wilson for their painstaking, time-consuming work to review and revise the script for the new online training program.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for November 2021
Ms. Slattery presented the following Legal Division metrics for November 2021.
- Written advice. The Legal Division answered by letter or e-mail 64 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 19 pertained to SFIs.
| November 2020 (same month prior year) (total/SFI): | 22/2 |
| October 2021 (previous month) (total/SFI): | 41/11 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 346 requests for advice from state, county, and municipal officials. Of these requests, 8 pertained to SFIs.
| November 2020 (same month prior year) (total/SFI): | 228/2 |
| October 2021 (previous month) (total/SFI): | 339/5 |
- 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.
| November 2020 (same month prior year): | 1 |
| October 2021 (previous month): | 4 |
- Backlog. As of December 9, 2021, the Division has 5 pending requests for written advice that are more than 30 days old. There is a total of 14 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 the Commission entered into an agreement with its vendor to provide support and maintenance for the SFI system during the Calendar Year 2021 SFI filing season. She said that the SFI Team provided technical support to agency liaisons about their Calendar Year 2021 Designation Lists. Ms. Duca said that the SFI Team also responded to questions from newly designated filers about how to complete and submit an SFI.
Adjudicatory Matters
Ms. Slattery presented the December/January calendar of conferences/hearings in pending Commission adjudicatory proceedings.
Litigation Matters
Ms. Slattery provided an update on litigation matters.
Commission Projects
Ms. Slattery provided an update on projects discussed at prior Commission meetings. On collection matters, she reported that final demand letters were sent for outstanding civil penalties and that four penalties have been paid in full, eight matters were referred to debt collection, the subject in one matter is deceased, and two outstanding penalties have been deemed uncollectable and will remain in the state’s intercept program. Ms. Slattery also reported there are two matters that could be subject to potential litigation. As to the Pro Bono/Mediation Policy, she reported that on December 2, 2021, former Commissioner Swartwood conducted the first mediation under the new mediation policy in the Haley matter. She also reported that when the Legal Committee met on November 15, 2021, it had requested that the Legal Division research certain issues regarding a pro bono counsel policy. Assistant General Counsel T. Michael McDonald has completed that research. Following discussion, the Legal Committee scheduled its next meeting for January 13, 2022 at 10:00 a.m. to discuss a potential pro bono counsel policy.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics.
Ms. Brookman and Chair Krokidas discussed the work performed by staff that is reflected in the Enforcement Intake Metrics. Chair Krokidas requested a memorandum detailing this work for the Commissioners to have more detailed context for the metrics.
EXECUTIVE SESSION
At 10:26 a.m., on the motion of Chair Krokidas 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)(3) and (a)(7), and § 18, and G.L. c. 268B, §§ 3 and 4, including investigatory matters, preliminary inquiries, summons authorization requests, advisory opinions, and adjudicatory matters and litigation strategy that if discussed in open meeting may have a detrimental effect on the Commission’s litigating position.
| 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 10:26 a.m. and reconvened at 10:40 a.m.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of December 15, 2021
- Minutes of the Commission Meeting of November 17, 2021 Public Session
- Memorandum dated December 9, 2021 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in November 2021
- Memorandum dated December 7, 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 December 8, 2021 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning an update on pending projects
- Enforcement Intake Metrics
Respectfully submitted,
Gerry Tuoti
Public Information Officer