PUBLIC SESSION
MEETING CONVENED
Vice Chair Thomas A. Connors chaired the meeting, which he called to order at 9:38 a.m. Also in attendance were Chair Margot Botsford, Commissioner Wilbur P. Edwards, Jr., and Commissioner Eron Hackshaw. Chair Botsford participated remotely.
REMOTE PARTICIPATION
Vice Chair Connors 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. Vice Chair Connors 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 Chair Botsford, the Commission voted 4-0 to waive the reading and approve the public session minutes of the January 22, 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.
Budget
Mr. Wilson provided an update on the Commission’s budget. He reported that the Governor released her Fiscal Year 2026 budget recommendation, H.1, on January 22, 2025. Mr. Wilson stated that H.1 includes $3,788,197 in funding for the Commission, about $56,500 above the total operating funds available to the Commission in Fiscal Year 2025, which includes a $66,500 carryover of unspent Fiscal Year 2024 funds, and about a $124,000 increase over the Commission’s Fiscal Year 2025 allocation of approximately $3.66 million. He further reported that, while this initially appeared to be a modest 3.3% budget increase, following the submission of the Commission’s Fiscal Year 2026 budget request workbooks to the House and Senate Committees on Ways and Means, the Executive Office of Technology Services and Security (EOTSS) notified the Commission of a revised methodology for IT service charges that shifts costs directly to agencies. Mr. Wilson explained that this change will result in a 77% increase in IT-related chargebacks to the Commission by EOTSS in Fiscal Year 2026 that will cost the Commission approximately $250,000 annually. He noted about $105,000 of the $124,000 increase in the Commission’s H.1 allocation for Fiscal Year 2026 is to cover the increase in EOTSS chargebacks and that, despite the reported overall state budget increase of 7% in H.1, the Commission’s net budget increase in H.1 for Fiscal Year 2026 is effectively 0.5%; about $18,000. Mr. Wilson said that EOTSS has also changed its cost structure in ways that will further increase the Commission’s IT-related expenses in future years.
Mr. Wilson reported that, after learning about the upcoming change in EOTSS service chargebacks, the Commission submitted a revised maintenance budget request for Fiscal Year 2026 of approximately $4,000,000, a $258,000 increase over the Governor’s budget recommendation. He stated that he and Government Affairs Officer Jenny McCullough have met with House Speaker Ron Mariano, Senate Ways and Means Chair Michael Rodrigues, House Ways and Means Chair Aaron Michlewitz, House Minority Leader Brad Jones, Senator John Keenan, and Representative Brandy Fluker-Reid to discuss the Commission’s work and provide support for the Commission’s Fiscal Year 2026 budget request. Mr. Wilson stated that discussions have been cordial and that additional meetings are scheduled.
Vice Chair Connors asked whether the substantial chargeback imposed by EOTSS will affect all state agencies. Mr. Wilson explained that, under the new methodology, EOTSS will be charging agencies in proportion to their use of EOTSS services, and that EOTSS maintains the Commission’s email, telephone, and web services, with a portion of the charge totaling $55,000 annually for website maintenance alone. He noted that the licensing fee for the Legal Case Management System is currently approximately $100,000. Mr. Wilson stated that a significant portion of the increased chargeback stems from the fact that EOTSS will be billing agencies for EOTSS’s overhead costs. Chair Botsford asked how increased website traffic leads to higher costs for the Commission. Public Education and Communications Division Chief David Giannotti explained that EOTSS determines costs by dividing the total expense of maintaining the website among agencies, with the Commission ranking ninth in total pages on the Mass.gov portal. Commissioner Hackshaw asked whether the Commission is required to maintain its website on Mass.gov or if opting out is possible. Mr. Giannotti noted that agencies such as the Office of Campaign and Political Finance do not use the Mass.gov portal, and that if the Commission were to build its own website, it would require a vendor to design and build the webpages and to migrate its existing content to a new platform.
Mr. Wilson said that the new EOTSS pricing model effectively penalizes the Commission for maintaining a comprehensive and accessible website. Vice Chair Connors noted that the Commission’s work is critical for public employees who must understand complex ethics laws, and expressed his concern that the Commission is being financially burdened for making such information more accessible. Chair Botsford asked how this new cost allocation by EOTSS generates savings for the Commonwealth. Ms. McCullough explained that the shift is budget-neutral, in which EOTSS is neither increasing its costs nor generating savings, as an accounting strategy to ensure that agencies pay for their share of services. Mr. Wilson stated that as discussions with the Legislature continue, it will be critical to highlight that the Commission’s H.1 budget increase of less than 1% is insufficient to maintain its current level of service in Fiscal Year 2026.
Notice of Audit
Mr. Wilson reported that the State Auditor’s Office will be conducting a performance audit of the Commission. He stated that the Auditor’s Office is required by law to perform an audit of state agencies about every three years. Mr. Wilson noted that, in 2020, the most recent prior audit primarily focused on the Commission’s implementation of the education requirements contained in Sections 27 and 28 of the conflict of interest law. He explained that this current audit will primarily focus on how the Commission conducts reviews and investigations regarding the filing of 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 July 30, 2024. Mr. Wilson reported that an entrance meeting was held to discuss the purpose, objectives, and scope of the audit.
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 Commissioner
Mr. Wilson reported that he has been in contact with the Governor’s Boards and Commissions Office and has been told that the office is actively working on the appointments of new commissioners to succeed Vice Chair Martinez and Commissioner Edwards.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for March 20, 2025 at 9:30 a.m. Following discussion, the Commission scheduled its subsequent meetings for April 17, 2025 at 9:30 a.m. and May 13, 2025 at 9:30 a.m.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
Public Education and Communications Division Chief David Giannotti presented his memorandum reporting the Public Education and Communications Division’s activities during January 2025.
Mr. Giannotti reported that he conducted three 90-minute public education seminars in January attended by 80 public employees. He noted that he also conducted a seminar for the Mass Town Clerks Association attended by over 100 town clerks, many of whom serve as the local administrator for their municipalities to administer the conflict of interest law education requirements. Mr. Giannotti said that he also conducted a seminar for the Boston Police Academy attended by 113 recruits.
Mr. Giannotti provided an update on the online conflict of interest law training platform. He reported that he, Senior Public Information Officer Gerry Tuoti, and Senior Program Coordinator Arthur Xia responded to 1,286 calls and e-mails regarding the online learning platform in January, a significant increase from 555 calls and e-mails as reported in December, largely due to the system rollover to the 2025 education compliance period and automated reminder emails being sent to all registered users with approaching deadlines. Mr. Giannotti noted that the uptick appears to be temporary, as the volume of calls and e-mails has slowed in recent weeks. He said that, despite the high volume, all requests were promptly addressed within the same day or the following day to ensure public employees can complete the training in a timely manner.
At Mr. Giannotti’s request, Mr. Tuoti provided an update on the new branched content for the training program. Mr. Tuoti reported that, on February 21, 2025, Commission staff finalized a draft script of the new branched content for legislative staff after receiving input from House Counsel and Senate Counsel, which has been provided to the vendor, SkillBurst Interactive, to be implemented before they begin production of recorded narration, visuals, and interactive elements. He thanked Mr. Wilson, General Counsel/Legal Division Chief Eve Slattery, Ms. McCullough, Legal Division Deputy Chief/SFI Lauren Duca, and Senior Assistant General Counsel T. Michael McDonald, and the offices of the House Counsel and Senate Counsel for their assistance in reviewing the draft script.
Mr. Giannotti provided an update on the Legal Case Management System project. He reported that the new system is now scheduled to launch on March 3rd. He thanked Commission staff for their efforts in testing the system and providing feedback to the vendor. Mr. Giannotti further reported that one-on-one training sessions have been conducted involving Commission staff and the vendor to address issues with dashboard views, open cases, and metrics reporting. He noted that he and Mr. Wilson are scheduled to meet with EOTSS and the project vendor later in the day for a final review of the project before the system goes live. Mr. Giannotti stated that the Commission’s legacy system, Ethos, will be transitioned to read-only status on Thursday to allow the vendor to perform a final migration of data into the new system. Commissioner Hackshaw asked whether Ethos would be available as a backup in case of technical issues with the new system. Mr. Giannotti confirmed that Ethos will remain available indefinitely, as it has already been paid for and remains on the Commission’s network servers. He explained that, while Ethos will not be used for production, it will serve as a reference if data discrepancies arise, allowing the vendor to make any necessary corrections.
Mr. Giannotti reported that the Commission has increased its number of LinkedIn followers by nearly 100 followers since the last Commission meeting.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division. She reported that there has been an increase in requests for advice in January, likely due to many public employees completing the new online training program.
Legal Division Metrics for January 2025
Ms. Slattery presented the following Legal Division metrics for January 2025.
- Written advice. The Legal Division answered by letter or e-mail 82 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 29 pertained to SFIs.
| For comparison: | |
|---|---|
| January 2024 (same month prior year) (total/SFI): | 49/13 |
| December 2024 (previous month) (total/SFI): | 55/11 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 430 requests for advice from state, county, and municipal officials. Of these requests, 51 pertained to SFIs.
| For comparison: | |
|---|---|
| January 2024 (same month prior year) (total/SFI): | 401/62 |
| December 2024 (previous month) (total/SFI): | 301/7 |
- 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.
| For comparison: | |
|---|---|
| January 2024 (same month prior year): | 0 |
| December 2024 (previous month): | 1 |
- Backlog. As of February 18, 2025, the Division has 2 pending requests for written advice that are more than 30 days old. There are a total of 25 pending requests for written advice.
Adjudicatory Matters
Ms. Slattery presented the February/March calendar of conferences/hearings in pending Commission adjudicatory proceedings.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in Commonwealth v. Spaulding, Supreme Judicial Court Docket No. SJC-13615, where the Legal Division filed on behalf of the Commission an amicus letter on the meaning of “unwarranted privileges” in G.L. c. 268A, § 23(b)(2)(ii), the Supreme Judicial Court issued a decision on January 31, 2025 that noted the Commission had correctly interpreted “unwarranted privilege” to include the misuse of the benefits, privileges, or advantages of office for personal gain. Vice Chair Connors expressed his satisfaction with the Commission’s filing of an amicus brief and noted that the guidance provided by the Court offers more clarity for Commission adjudicatory proceedings on matters involving “unwarranted privilege.” Mr. Wilson commended Ms. Slattery for her work on the amicus letter.
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on Statements of Financial Interests (SFI) for Calendar Year 2024. Ms. Duca reported that the Calendar Year 2024 filing season opened on January 27, 2025. She explained that, on that date, each filer with a valid e-mail address in the SFI system received the user access notification with their user ID, a link to reset a forgotten password as well as a link to the filing system. Ms. Duca noted that, prior to the opening of the filing season, the SFI Team completed its review of the Calendar Year 2024 manual and electronic SFI forms, and that, on January 27th, the manual form was posted on the Commission’s website along with a notice about the opening of the filing season. She reported that, to date, 930 of the approximately 4,000 people have already filed their Calendar Year 2024 SFI. Ms. Duca further reported that the SFI Team handled a total of 192 phone calls, emails, and walk-ins for SFI assistance in January. Commissioner Hackshaw asked how filers without an e-mail address in the SFI system receive notifications about the opening of the filing season. Ms. Duca explained that, in addition to the notice on the Commission’s website, the SFI Team works with agency liaisons to connect with current and former employees, if needed.
Ms. Duca provided an update on the replacement of the Commission’s existing SFI filing system. She reported that the Commission had entered into a Statement of Work (SOW) with EOTSS to provide six weeks of technical assistance at no charge for gathering and documenting information on the current system’s functionality, identifying user pain points, and outlining areas to be addressed by a consultant. Ms. Duca stated that the EOTSS Strategy Team working on the SOW has sought feedback from the SFI Team, Ms. McCullough, and certain agency designators and liaisons regarding their experiences with the existing system, as well as members of the public and the press for feedback on the Public Inspection Module. She explained that their findings were compiled into a report to inform the drafting of an RFQ for a consultant, which was received by the SFI Team earlier that morning. Commissioner Edwards asked whether the new system would be implemented in Fiscal Year 2027 or Fiscal Year 2028. Ms. Duca responded that although the previous system took approximately six months to develop, the timeline for the new system remains uncertain, and that depending on the circumstances, implementation could occur as early as this year. Chair Botsford asked whether the system must be built by the end of the fiscal year. Ms. Duca explained that the project funding must be committed by that time with the goal of selecting a vendor by June 2025.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Case Metrics and Enforcement Intake Metrics for December. Ms. Brookman reported that the volume of complaints rose to above average levels again in January. She further reported that the complaint backlog remained at 33 complaints. Ms. Brookman thanked the Enforcement Division for their hard work participating in user acceptance testing for the Legal Case Management System project while handling a higher volume of complaints.
EXECUTIVE SESSION
At 10:31 a.m., on the motion of Vice Chair Connors, seconded by Commissioner Hackshaw, 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 |
Vice Chair Connors 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 February 24, 2025
- Minutes of the Commission Meeting of January 22, 2025, Public Session
- Letter dated February 10, 2025 from Director of State Agency Audits William Kaplita to Executive Director David A. Wilson regarding the State Auditor’s Office’s performance audit of the Commission
- Memorandum, dated February 19, 2025, from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in January 2025
- Memorandum, dated February 18, 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
- Commonwealth v. Spaulding, Supreme Judicial Court Docket No. SJC-13615: Decision
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator