PUBLIC SESSION
MEETING CONVENED
Chair Margot Botsford called the meeting to order at 9:33 a.m. Also in attendance were Vice Chair Josefina Martinez, Commissioner Wilbur P. Edwards, Jr., Commissioner Eron Hackshaw, and Commissioner Thomas A. Connors. Commissioner Edwards 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 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 December 21, 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 announced that he has appointed Christopher N. Popov as the new Assistant General Counsel and that Mr. Popov will join the Commission staff on January 22, 2024. He noted that Mr. Popov previously worked at the Department of Public Safety, Division of Occupational Licensure, and Office of Public Safety and Inspections as an Administrative Hearing Officer and Legal Counsel for over fifteen years and, prior to that, served at the Commission as a Legal Division attorney for twelve years. Chair Botsford asked which years Mr. Popov worked at the Commission. Mr. Wilson responded that he worked at the Commission from 1995 to 2007.
Budget
Mr. Wilson provided an update on the Fiscal Year 2025 budget process. He noted that the Governor will file her Fiscal Year 2025 budget proposal next week. Mr. Wilson stated that the Commission’s Fiscal Year 2025 budget request must be submitted to the House and Senate Committees on Ways and Means by January 29, 2024. Mr. Wilson said that he will subsequently provide testimony to the Joint Committee on Ways and Means, as he does each year, in support of the Commission’s budget request. Mr. Wilson explained that the Commission’s budget request will include maintenance funding, including for annualized cost-of-living increases for Commission staff, and expansion funding, including for a new Commission internship program. Chair Botsford asked whether the internship program will be intended for law school students, graduate or undergraduate students, or high school students. Mr. Wilson replied that the internship will be primarily for law school students but could be open to graduate or undergraduate students. Chair Botsford asked whether the internship program could start this summer even if the budget is not passed by then. Mr. Wilson responded that the internship program would begin this fall at the earliest since the paid internships would be funded from the Commission’s Fiscal Year 2025 budget.
New Commissioner
Mr. Wilson stated that there is nothing new to report regarding the appointment of a new commissioner to succeed Vice Chair Martinez.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meetings are scheduled for February 15, 2024 at 9:30 a.m. and March 21, 2024 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 December 2023.
Mr. Giannotti reported that he conducted four public education seminars in December attended by 226 public employees, including two seminars for Registry of Motor Vehicles road test examiners. Chair Botsford asked whether the two seminars for road test examiners were conducted in-person. Mr. Giannotti explained that both seminars were conducted remotely since road test examiners do not typically work in offices, but he would have accommodated in-person seminars if requested. He reported that he also conducted a public education seminar for the Division of Capital Asset Management and Maintenance attended by approximately 90 managers and that he is scheduled to conduct a seminar for the Boston City Councilors and staff and a bi-monthly in-house seminar next week.
Mr. Giannotti reported that the Division responded to 223 telephone and e-mail inquiries regarding the online learning platform in December, compared to the five-month average of 320 inquiries per month. He said that the number of monthly help desk inquiries is still trending downwards as more and more public employees are gradually adjusting to the new online learning platform. Mr. Giannotti explained that the Division worked with the vendor, SkillBurst Interactive, to roll over the system from 2023 to 2024 and to upload the revised version of the conflict of interest law training program. He noted that the vendor is currently working to address performance issues that the site experienced due to high traffic volume. Mr. Giannotti reminded the Commission that all 351 municipalities have registered to use the new online learning platform, along with 106 independent municipal districts, 145 state agencies, 114 regional school districts and educational collaboratives, 25 county agencies, and 76 charter schools. He thanked Senior Public Information Officer Gerry Tuoti and Senior Program Coordinator Arthur Xia for handling help desk inquiries while also managing their day-to-day responsibilities.
Mr. Giannotti provided an update on the replacement of the Commission’s legacy case management system, Ethos. He reported that the project vendor has been working with the Department of Labor Relations and recently demonstrated a preliminary design of core system functions. Mr. Giannotti noted that the launch of the new application for the Commission is scheduled for the end of the fiscal year.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division. Ms. Slattery reported that there has been an increase in requests for advice over the past month.
Legal Division Metrics for December 2023
Ms. Slattery presented the following Legal Division metrics for December 2023.
- Written advice. The Legal Division answered by letter or e-mail 55 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 13 pertained to SFIs.
| December 2022 (same month prior year) (total/SFI): | 43/1 |
| November 2023 (previous month) (total/SFI): | 46/5 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 337 requests for advice from state, county, and municipal officials. Of these requests, 19 pertained to SFIs.
| December 2022 (same month prior year) (total/SFI): | 307/32 |
| November 2023 (previous month) (total/SFI): | 316/10 |
- 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.
| December 2022 (same month prior year): | 1 |
| November 2023 (previous month): | 0 |
- Backlog. As of January 11, 2024, the Division has 5 pending requests for written advice that is more than 30 days old. There are a total of 27 pending requests for written advice.
Adjudicatory Matters
Ms. Slattery presented the January/February calendar of conferences/hearings in pending Commission adjudicatory proceedings. She responded to Chair Botsford’s question at the previous meeting regarding how many adjudicatory proceedings were initiated and conducted in 2023. Ms. Slattery reported that, in 2023, two adjudicatory proceedings were resolved with disposition agreements, one adjudicatory proceeding was dismissed, and one adjudicatory proceeding is pending with a motion to stay. She noted that there were two adjudicatory proceedings in 2022 and three adjudicatory proceedings in 2021. Mr. Wilson stated that the low number of adjudicatory proceedings each year reflects the efficiency of the Enforcement Division in resolving cases without adjudicatory proceedings.
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 is scheduled for this afternoon in Suffolk Superior Court at 2:00 p.m. Ms. Slattery noted that Staff Counsel Amy Bressler Nee will be arguing on behalf of the Commission.
Ms. Slattery reported that, on January 16, 2024, she filed a motion to quash a subpoena seeking confidential Commission records in a criminal case pending in Dudley District Court. She further reported that she attended a remote hearing on the motion the next day. Ms. Slattery noted that the case was subsequently dismissed, so the Commission was not required to provide any confidential records in response to the subpoena.
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on Statements of Financial Interests (SFI). Ms. Duca reported that, while the Calendar Year 2023 Designation Lists were due on January 12, 2024, the SFI Team is still working with approximately twenty agencies to prepare and submit their Designation Lists. She stated that the SFI Team is working with its vendor to resolve some technical issues with the SFI system, one of which is preventing several agencies from submitting their Designation Lists. Ms. Duca reported that the tentative date for the opening of the Calendar Year 2023 filing season is January 22, 2024, but the SFI system cannot be opened until all Designation Lists have been received. She said that she hopes the SFI system will be opened sometime next week and explained that, when it opens, all filers with a valid e-mail address in the SFI system will receive an e-mail notification. Ms. Duca reported that the SFI Team responded to 112 telephone and e-mail inquiries in December, compared with 49 inquiries the prior month.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Case Metrics and Enforcement Intake Metrics.
Ms. Brookman reported that the Enforcement Division received fewer than average complaints in December. She further reported that the intake backlog has remained relatively steady, and she hopes to further reduce the backlog in the coming months. Chair Botsford noted that most complaints filed with the Enforcement Division were against municipal employees. Ms. Brookman explained that violations of the conflict of interest law are more visible at the local level when the violations take place in the same communities that the complainants live in. Mr. Wilson noted that more than 80% of all complaints have been against municipal employees for decades.
EXECUTIVE SESSION
At 10:09 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 January 18, 2024
- Minutes of the Commission Meeting of December 21, 2023 Public Session
- Memorandum dated January 11, 2024 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in December 2023
- Memorandum dated January 11, 2024 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 Case Metrics
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator