PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:35 a.m. Also in attendance were Vice Chair R. Marc Kantrowitz and Commissioner Eron Hackshaw. Chair Krokidas, Vice Chair Kantrowitz, and Commissioner Hackshaw participated remotely. Commissioner Josefina Martinez subsequently joined the meeting. Commissioner Wilbur P. Edwards was not in attendance.
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 Commissioner 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 3-0 to waive the reading and approve the public session minutes of the December 15, 2021 Commission meeting.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Hackshaw | Yes |
Commissioner Martinez joined the meeting at 9:37 a.m. and participated remotely.
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Office Reopening
Mr. Wilson stated that the reopening of the Commission’s office to the public previously scheduled for this month has been postponed to March 2022 at the earliest due to the continued intensity of the COVID-19 pandemic. He said that the suspension of the requirement that Commission staff work in the office has been extended until March 7th. Mr. Wilson noted that the office reopening will be determined by the future course of the pandemic.
Budget
At Mr. Wilson’s request, Government Affairs Officer Robert Milt provided an update on the Commission’s Fiscal Year 2023 budget. Mr. Milt reported that the Commission submitted its $2,900,367 maintenance budget request to the Executive Office for Administration and Finance on October 28, 2021, which is approximately $213,000 more than the amount appropriated to the Commission in Fiscal Year 2022. He explained that the maintenance budget request includes approximately $50,000 to support the new online training program, $20,000 to retain a part-time contract investigator, and funding for annualized cost-of-living increases for Commission staff. Mr. Milt said that the Governor will file the Fiscal Year 2023 budget proposal on January 26, 2022. He noted that the maintenance budget request must be submitted to the Joint Committee on Ways and Means by January 31, 2022.
Ongoing Projects
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 Commission and its vendor, SkillBurst Interactive, finalized the script for the core section of the new course and selected a narrator. He said that the vendor will begin to record and develop the course, while scripts for remaining sections of the course are drafted. Mr. Tuoti reported that the Commission and the vendor are finalizing the statement of work for the content delivery learning management system. Chair Krokidas said that she hopes the Commission will remind public agencies that independent contractors may be required to complete the conflict of interest law education requirements. Mr. Tuoti explained that Public Education and Communications Division Chief David Giannotti and Program Coordinator Arthur Xia work with public agencies to discuss their compliance with the education requirements.
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 said that vendor responses to the Legal Case Management System RFQ will be due on January 31, 2022. He noted that each bid will require vendors to respond to about 130 functional and technical requirements along with other requirements related to cloud computing and security. Mr. Milt stated that the Legal Case Management System consortium will continue to meet as a Strategic Sourcing Team to finalize the bid evaluation criteria. Mr. Milt said that the consortium is also working on a statement of work that would expand the scope and duration of the work performed by their consultants, which is expected to be signed within the next few weeks. Mr. Wilson thanked Mr. Tuoti and Mr. Milt for their leadership and diligence in managing the projects.
Next Meeting
Following discussion, the Commission scheduled its next meetings for February 17, 2022 at 10:30 a.m. and March 17, 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 December 2021.
Mr. Giannotti explained that all public employees, including elected state and county officials, will be required to acknowledge receipt of the summary of the conflict of interest law within 30 days during the Calendar Year 2022 compliance period. He reported that Program Coordinator Arthur Xia sent notifications to all state and county agencies, municipalities and independent municipal agencies, charter schools, and regional school districts and educational collaboratives on January 18, 2022 concerning conflict of interest law education requirements for 2022. Mr. Giannotti thanked Mr. Xia for his work to update the e-mail distribution lists and compliance tracking spreadsheets. He noted that he will work with Mr. Xia to send follow-up notifications to all public agencies to have agency consultants, vendors and contractors who are public employees complete the education and training requirements.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for December 2021
Ms. Slattery presented the following Legal Division metrics for December 2021.
- Written advice. The Legal Division answered by letter or e-mail 42 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 6 pertained to SFIs.
| December 2020 (same month prior year) (total/SFI): | 40/5 |
| November 2021 (previous month) (total/SFI): | 64/19 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 318 requests for advice from state, county, and municipal officials. Of these requests, 23 pertained to SFIs.
| December 2020 (same month prior year) (total/SFI): | 325/43 |
| November 2021 (previous month) (total/SFI): | 346/8 |
- Review of municipal letters. Division staff reviewed 2 letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| December 2020 (same month prior year): | 0 |
| November 2021 (previous month): | 1 |
- Backlog. As of January 13, 2022, the Division has 4 pending requests for written advice that are more than 30 days old. There is a total of 16 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 while many agencies missed the January 10, 2022 deadline to submit their Calendar Year 2021 Designation Lists, the SFI Team worked with agency liaisons to successfully obtain all the lists. She said that notices were sent to newly designated filers who entered filing positions last year but were only recently entered into the SFI system by their agencies. Ms. Duca explained that if those filers would like to file electronically for Calendar Year 2020, they must enter the SFI system and open a Calendar Year 2020 SFI by January 21, 2022. She said that the SFI Team is finalizing the manual and electronic SFI forms in preparation for the opening of the Calendar Year 2021 filing season on January 26, 2022.
Chair Krokidas asked whether the SFI Team has reviewed the requirements for what filers need to disclose for any necessary revisions. Ms. Duca said that the SFI Team has reviewed the requirements over the years and will review them again when the Calendar Year 2021 filing season concludes in June 2022.
Adjudicatory Matters
Ms. Slattery presented the January/February calendar of conferences/hearings in pending Commission adjudicatory proceedings.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that on December 30, 2021, the Commission filed a Joint Stipulation of Dismissal with the Court in [Doe] v. State Ethics Commission, Berkshire Superior Court Civil Action No. 1976CV00286. Ms. Slattery also reported that on January 10, 2022, Mr. Comtois filed an application for direct appellate review in the Supreme Judicial Court in Comtois v. State Ethics Commission, Appeals Court Docket No. 2021-P-1151. Chair Krokidas asked Ms. Slattery to explain the application for direct appellate review filed by Mr. Comtois. Ms. Slattery explained that it is Mr. Comtois’ position that the questions presented by the appeal are questions of first impression, or novel questions of law, and of such public interest that justice requires a final determination of them by the Supreme Judicial Court. She further explained that Mr. Comtois is arguing that no appellate court has weighed in on the Commission’s interpretations of ‘financial interest,’ ‘unwarranted privileges,’ and ‘similarly situated individuals.’
Commission Projects
Ms. Slattery provided an update on projects discussed at prior Commission meetings. She reported that Assistant General Counsel T. Michael McDonald has completed the research into certain issues regarding a potential pro bono counsel policy at the request of the Legal Committee on November 15, 2021. Following discussion, the Legal Committee scheduled its next meeting for January 27, 2022 at 10:00 a.m. to further discuss a potential pro bono counsel policy.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Case Metrics and Enforcement Intake Metrics.
Ms. Brookman reported that the Enforcement Division had received an unusually low number of complaints last month, which gave the Division more time to focus on the complaint backlog. She said that she hopes that the Division can further reduce its complaint backlog after the Division’s two new Special Investigators are fully trained.
Ms. Brookman presented the Enforcement Intake Memorandum that Chair Krokidas had requested at the previous Commission meeting. Chair Krokidas thanked Ms. Brookman for her work to prepare the memorandum which provides more detailed context for the metrics.
Ms. Brookman noted that Commissioner Edwards, the Chair of the Enforcement Committee, indicated he wished to schedule an Enforcement Committee meeting and wanted to discuss a potential agenda with the full Commission. Ms. Brookman asked whether the Commission wished to discuss the potential agenda without Commissioner Edwards present. Chair Krokidas stated that the Enforcement Committee should wait until Commissioner Edwards becomes available. She further stated that the Enforcement Committee should review the Commission’s Enforcement Procedures to better understand which procedures are mandatory or discretionary.
EXECUTIVE SESSION
At 10:16 a.m., on the motion of Chair Krokidas, seconded by Vice Chair Kantrowitz, 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.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Hackshaw | Yes |
Chair Krokidas 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 19, 2022
- Minutes of the Commission Meeting of December 15, 2021 Public Session
- Memorandum dated January 13, 2022 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in December 2021
- Memorandum dated January 13, 2022 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 January 12, 2022 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning an update on pending projects
- Enforcement Case Metrics
- Enforcement Intake Metrics
- Memorandum dated January 11, 2022 from Enforcement Division Chief Monica Brookman to the Commission concerning an overview on complaint intake
Respectfully submitted,
Arthur Xia
Program Coordinator