PUBLIC SESSION
MEETING CONVENED
Chair Margot Botsford called the meeting to order at 9:31 a.m. Also in attendance were Vice Chair Josefina Martinez, Commissioner Wilbur P. Edwards, Jr., Commissioner Eron Hackshaw, and Commissioner Thomas A. Connors.
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 29, 2023. 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 Martinez, the Commission voted 5-0 to waive the reading and approve the public session minutes of the November 17, 2023 Commission meeting.
| Chair Botsford | Yes |
| Vice Chair Martinez | Yes |
| 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 Investigator Linda Walsh-Romano, who previously worked for the North Shore Community College Campus Police Department. Mr. Wilson reported that the new Assistant General Counsel will start in January, and that all recently-posted Commission staff vacancies have been filled.
Budget
Mr. Wilson reported that the Commission staff will receive a 4 percent cost-of-living salary increase, effective July 2023, this week, and noted that this is the first round of Fiscal Year 2024 cost-of-living increases. Chair Botsford asked whether the retroactive salary payment would be a lump sum payment. At Mr. Wilson’s request, Chief Financial Officer Alice Wu explained that the staff would receive a one-time retroactive salary payment.
New Commissioner
Mr. Wilson stated that there is nothing new to report regarding the appointment of a new commissioner to succeed Vice Chair Martinez. He thanked Vice Chair Martinez for continuing to serve as a Commissioner on a holdover basis.
Staff Training
Mr. Wilson congratulated Enforcement Division attorneys Candies Pruitt, John McDonald, and Victoria Giuliano for completing a week of rigorous National Institute for Trial Advocacy (NITA) trial advocacy training on December 4-8, 2023. He noted that the Commission could afford to send three Enforcement Division attorneys because the training was held in Boston, so the Commission did not need to pay for any transportation costs.
COGEL Conference
Mr. Wilson noted that the 45th Annual Council on Governmental Ethics Laws (COGEL) Conference took place on December 3-6, 2023 in Kansas City, Missouri. He congratulated Senior Public Information and Communications Officer Gerry Tuoti for his very well-received presentation in a panel discussion on e-learning at the conference. Chair Botsford asked whether Mr. Tuoti mentioned the project vendor, SkillBurst Interactive, during his presentation. Mr. Tuoti said that he did not provide an endorsement or recommendation of SkillBurst but rather a general overview of his experience working with them on the new online learning platform. Mr. Wilson noted that this was the first time that a Commission employee participated on a panel at the COGEL Conference since 2015 when the Commission co-hosted the conference with the Office of Campaign and Political Finance in Boston. Commissioner Edwards commended how informative and collaborative the conference was. Mr. Wilson noted that the 2024 COGEL Conference will take place in Los Angeles, California.
Mail Bag
Mr. Wilson reported that, on December 1, 2023, he received a letter from Ronald Corbett from the Institute for Public Service at Suffolk University, commending Public Education and Communications Division Chief David Giannotti for his “superb presentation” on the conflict of interest law for his students.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for January 18, 2024, at 9:30 a.m.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
At Mr. Giannotti’s request, Mr. Tuoti provided an update on his presentation at the COGEL Conference. Mr. Tuoti reported that, following his return from the conference, he was requested by Strategic Education and Engagement Manager Alison Zinni of the Canadian Office of the Conflict of Interest and Ethics Commissioner to evaluate a new draft version of a conflict of interest law training for members of the Parliament of Canada. He said that he provided feedback on their training and shared his own experiences with the development of the Commission’s new online learning platform. Mr. Tuoti noted that this opportunity was a valuable exchange of ideas to learn how others approach online learning, which would not have been possible without his participation on the panel at the COGEL Conference. Chair Botsford asked whether there were any aspects of the conflict of interest law training by the Canadian Office of the Conflict of Interest and Ethics Commissioner that could be applied to the Commission’s own online learning platform. Mr. Tuoti explained that their training is structured very differently from the Commission’s, but that some aspects potentially could be applied to Commission supplemental training and future projects.
Mr. Giannotti presented his memorandum detailing Public Education and Communications Division activities for the month of November 2023. He reported that Mr. Tuoti issued a press release and news item in November, including on the passing of former Commissioner Charles B. Swartwood, III. Mr. Giannotti reported that he conducted four public education seminars in November attended by 161 public employees. He noted that he conducted 62 seminars this past year, compared with the 60 seminars per year on average.
Mr. Giannotti reported that the Division responded to 202 telephone and e-mail inquiries regarding the new online learning platform in November, compared with the 320 inquiries per month on average over the past five months. He explained that the number of help desk inquiries since January has been trending downwards as more and more public employees are gradually adjusting to the new online learning platform. Mr. Giannotti stated that the Division is working with the vendor, SkillBurst Interactive, to prepare the online learning platform for the 2024 compliance cycle, including uploading the latest version of the conflict of interest law training for next year. He noted that the knowledge check question about restrictions on political activity for elected officials and appointed employees will be revised for the latest version of the training. Commissioner Hackshaw asked how agencies, who opted not to register for the Commission’s online learning platform, would complete the conflict of interest law training for the 2024 compliance cycle. Mr. Giannotti explained that he will receive the new program files from SkillBurst that he will provide to those agencies to upload to their learning management systems.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for November 2023
Ms. Slattery presented the following Legal Division metrics for November 2023.
- Written advice. The Legal Division answered by letter or e-mail 46 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 5 pertained to SFIs.
| November 2022 (same month prior year) (total/SFI): | 52/2 |
| October 2023 (previous month) (total/SFI): | 53/7 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 316 requests for advice from state, county, and municipal officials. Of these requests, 10 pertained to SFIs.
| November 2022 (same month prior year) (total/SFI): | 313/36 |
| October 2023 (previous month) (total/SFI): | 345/9 |
- Review of municipal letters. Division staff reviewed 0 letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| November 2022 (same month prior year): | 0 |
| October 2023 (previous month): | 5 |
- Backlog. As of December 13, 2023, the Division has 4 pending requests for written advice that is more than 30 days old. There are a total of 23 pending requests for written advice.
Adjudicatory Matters
Ms. Slattery presented the December/January calendar of conferences/hearings in pending Commission adjudicatory proceedings. Chair Botsford asked how many adjudicatory proceedings were initiated and conducted in Calendar Year 2023. Ms. Slattery explained that there were a few adjudicatory proceedings, but the cases were resolved without hearings.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in Haley v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2284CV02661, the hearing on motions for judgment on the pleadings has been rescheduled to January 18, 2024. Ms. Slattery noted that Staff Counsel Amy Bressler Nee will be arguing on behalf of the Commission.
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on Statements of Financial Interests (SFI). Ms. Duca reported that the SFI Team conducted two additional training sessions in November for agency SFI liaisons. She said that the SFI Team is also working with liaisons to prepare their agency’s Calendar Year 2023 Designation List. Ms. Duca noted that the designation Lists are due on January 12, 2024. She stated that the SFI Team is working with its vendor to resolve some minor technical issues with the SFI system. Ms. Duca reported that the SFI Team responded to 49 telephone and e-mail inquiries in November, compared with 37 inquiries the prior month.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics.
Ms. Brookman welcomed new Special Investigator Linda Walsh-Romano, who joined the Commission staff on December 11, 2023. She thanked the Legal Division for conducting comprehensive conflict of interest law training for Ms. Walsh-Romano.
Ms. Brookman reported that the Enforcement Division closed 97 complaints in intake in November and thanked the investigators for their hard work. She reported that the Enforcement Division has been keeping the intake backlog relatively steady, and she hopes to further reduce it by the end of February with the recent addition of a new investigator.
EXECUTIVE SESSION
At 10:13 a.m., on the motion of Chair Botsford, seconded by Vice Chair 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 Botsford | Yes |
| Vice Chair Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Commissioner 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 December 21, 2023
- Minutes of the Commission Meeting of November 17, 2023 Public Session
- Memorandum dated December 14, 2023 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in November 2023
- Memorandum dated December 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 Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator