PUBLIC SESSION
MEETING CONVENED
Vice Chair R. Marc Kantrowitz called the meeting to order at 9:33 a.m. Also in attendance were Commissioner Josefina Martinez and Commissioner Eron Hackshaw. Commissioner Wilbur P. Edwards, Jr. subsequently joined the meeting. No Commissioner participated in the meeting remotely.
REMOTE PARTICIPATION
Vice Chair Kantrowitz announced that the meeting would take place in-person with remote access provided to the public pursuant to the law signed by Governor Baker on July 16, 2022 extending certain COVID-19 measures adopted during the state of emergency. Vice Chair Kantrowitz noted that all votes at the meeting would be taken by roll call.
APPROVAL OF MEETING MINUTES
On the motion of Vice Chair Kantrowitz, seconded by Commissioner Martinez, the Commission voted 3-0 to waive the reading and approve the public session minutes of the December 15, 2022 Commission meeting.
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Hackshaw | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson expressed his and the staff’s thanks to former Chair Krokidas, who, he noted, resigned as Chair and member of the Commission on January 3, 2023, for her more than six years of service to the Commission, her leadership as Chair, and her support of the staff. He also thanked Vice Chair Kantrowitz for being willing to continue to serve as a Commissioner on a holdover basis for months beyond his term’s expiration. Mr. Wilson reported that he has been in contact with the Governor’s Office and the Secretary of the Commonwealth’s Office, respectively, about the appointment of new commissioners to succeed Chair Krokidas and Vice Chair Kantrowitz.
Mr. Wilson welcomed new Receptionist Leonisa Avelino, who joined the Commission staff on January 17, 2023. He reported that Ms. Avelino has received extensive training from Chief Financial Officer Alice Wu, the administrative assistants, and other Commission staff.
Mr. Wilson reported that the Commission has been reviewing applications for the open Special Assistant position. He explained that the Special Assistant will assist in the administration of the Statements of Financial Interests program and provide administrative support to the Executive Director.
Mr. Wilson stated that the Commission holiday party on December 20, 2022 was very successful and thanked Legal Division Deputy Chief/SFI Lauren Duca, Staff Counsel Candies Pruitt, Assistant Agency Counsel John McDonald, and Special Investigator Shawn McElroy for arranging the event.
Vice Chair Kantrowitz asked whether mask wearing is still required at the Commission office. Mr. Wilson explained that masks are required to be worn by employees in common areas of the Commission office but are optional in the employees’ individual offices.
Budget
Commissioner Edwards joined the meeting at 9:42 a.m.
Mr. Wilson reported that the Commission will submit its Fiscal Year 2024 maintenance and expansion budget request to the Joint Committee on Ways and Means next week. At Mr. Wilson’s request, Government Affairs Officer Robert Milt provided an update on the Fiscal Year 2024 maintenance and expansion budget request. Mr. Milt explained that the Commission’s Fiscal Year 2024 budget request will seek funding for annualized costs, such as salaries, and additional costs associated with the new online training program and the new legal case management system. Vice Chair Kantrowitz asked whether the Commission would consider layoffs in the event of a budget shortfall. Mr. Milt said that layoffs would be very unlikely as the Commission has consistently and successfully communicated its budgetary needs to the Executive Office for Administration and Finance and the Ways and Means Committees. Mr. Milt praised Ms. Wu’s work on the budget. Mr. Wilson noted that Commission has not had any layoffs in many years and would employ other cost saving measures, including voluntary furloughs, if necessary, to avoid layoffs.
Vice Chair Kantrowitz asked whether the Commission would have sufficient funding in Fiscal Year 2024 for increased stipends for Commissioners. He stated that the Commission had discussed potential stipend increases several years ago but had not approved any increases. Vice Chair Kantrowitz noted that he would not be affected by any increase as he would not be a Commissioner in Fiscal Year 2024. Mr. Wilson explained that the stipend rate for Commissioners is determined by the Executive Office for Administration and Finance. Mr. Milt said that he could contact the Executive Office for Administration and Finance and the Governor’s Legal Counsel to seek guidance on Commissioner stipends.
Ongoing Projects
At Mr. Wilson’s request, Senior Public Information and Communications Officer Gerry Tuoti provided an update on the replacement of the Commission’s conflict of interest law online training programs. Mr. Tuoti reported that more than 11,000 state, county, and municipal employees have completed the new online training program since its launch on January 12, 2023 and more than 750 state and county agencies and municipalities have registered to use the Commission’s new hosting platform. He noted that, to his knowledge, the new online training program is the first mandatory state government training program in the Commonwealth that is available in languages other than English. Mr. Tuoti explained that agencies and municipalities can now automatically track their employees’ compliance with the conflict of interest law education requirements without needing to maintain any paper records. He thanked Mr. Wilson, Mr. Milt, Public Education and Communications Division Chief David Giannotti, and other Commission staff who participated in the development and testing of the new online training program. Mr. Tuoti said that the Public Education and Communications Division is responding to inquiries about the new system and working with the vendor, SkillBurst Interactive, to resolve technical issues due to the high volume of public employees using the system simultaneously. Commissioner Edwards asked whether the Commission has received any feedback about the Spanish, Portuguese, and Chinese translations of the new training program. Mr. Tuoti said that any feedback about the translations will be provided to the vendor for any necessary revisions. He noted that independent contractors were hired to review the Portuguese and Chinese translations of the new online training program for proper tone, context, and accuracy, while Assistant General Counsel Mike McDonald reviewed the Spanish translation. Vice Chair Kantrowitz asked to be provided with the number of users who require the closed caption translations to complete the training. He commended Mr. Tuoti and the Commission staff for the successful launch of the new online training program.
At Mr. Wilson’s request, Mr. Milt provided an update on the replacement of the Commission’s legacy case management system, Ethos. Mr. Milt reported that he was continuing to meet with the developers of the new case management system to discuss current business needs and workflows. He noted that the Core Project Team will meet regularly for discussions to pick up speed in the coming months. Mr. Milt thanked General Counsel/Legal Division Chief Eve Slattery for drafting the nondisclosure agreements for the consultants.
Mr. Wilson thanked Mr. Tuoti and Mr. Milt for their leadership and diligence in managing the two projects.
New Legislators Academy
Mr. Wilson reported that Ms. Slattery and Assistant General Counsel Mike McDonald traveled to the Academy for New Legislators at the University of Massachusetts Amherst on December 15, 2022 to provide ethics training for the newly elected legislators.
Mr. Wilson further reported that he and Ms. Slattery have been invited to the Governor’s office on February 3, 2023, to make a presentation to members of the new administration about the ethics laws and the Commission. He expressed his appreciation for the Governor’s interest in the conflict of interest and financial disclosure laws and the work of the Commission.
Next Meeting
Following discussion, the Commission scheduled its next meeting for March 1, 2023 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 2022.
Mr. Giannotti reported that he conducted five public education seminars in December attended by 173 public employees. He noted that he is scheduled to conduct an in-person public education seminar for the Town of Harvard, which was announced on the Massachusetts Town Clerks Association website and resulted in additional requests for seminars.
Mr. Giannotti reported that approximately 5,000 completion certificates were issued in the first week of the launch of the new online training program and over 7,600 certificates were issued in the past week. He noted that the Commission’s new hosting platform is a scalable system to accommodate thousands of simultaneous users. Mr. Giannotti said that the Public Education and Communications Division is working with the vendor to improve overall performance, prevent system downtime, and ensure a seamless user experience.
Mr. Giannotti said that he and Mr. Tuoti have responded to inquiries from agencies and municipalities about the online training program and accessing the system dashboard. He explained that, in 2023, public employees are required to both complete both the online training program and acknowledge their receipt of the summary of the conflict of interest law. Mr. Giannotti noted that the Commission is the keeper of the education requirements compliance records for elected state and county officials and Senior Program Coordinator Arthur Xia has been responding to inquiries from elected state and county officials about the education requirements. Mr. Giannotti said that SkillBurst will soon host a live training session for local administrators.
Vice Chair Kantrowitz asked whether the Public Education and Communications Division will continue to conduct remote educational seminars. Mr. Giannotti said that remote seminars have become an important part of the Commission’s educational service offerings, including a seminar hosted by the Commission every other month, that provide public agencies with the opportunity for their new hires to learn about the conflict of interest law. He explained that remote seminars allow for much greater participation as Zoom can accommodate up to 100 participants, while in-person seminars at the Commission office can only accommodate a maximum of 25 people in the conference room. Mr. Giannotti said that, while remote seminars will continue to be conducted, more and more public agencies and municipalities prefer in-person seminars, which can be accommodated if the host agency can guarantee a minimum of 30 attendees to warrant the expense for the Commission to travel to their location. He noted that if agencies and municipalities are unable to guarantee a minimum attendance of 30 people, remote seminars are offered as an option.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for December 2022
Ms. Slattery presented the following Legal Division metrics for December 2022.
- Written advice. The Legal Division answered by letter or e-mail 43 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 1 pertained to SFIs.
| December 2021 (same month prior year) (total/SFI): | 42/6 |
| November 2022 (previous month) (total/SFI): | 52/2 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 307 requests for advice from state, county, and municipal officials. Of these requests, 32 pertained to SFIs.
| December 2021 (same month prior year) (total/SFI): | 318/23 |
| November 2022 (previous month) (total/SFI): | 313/36 |
- 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 2021 (same month prior year): | 2 |
| November 2022 (previous month): | 0 |
- Backlog. As of January 19, 2023, the Division has 1 pending request for written advice that are more than 30 days old. There is a total of 24 pending requests for written advice.
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on the Calendar Year 2022 Statement of Financial Interests (SFI) filing season. Ms. Duca reported that the Calendar Year 2022 SFI filing season is scheduled to open next week. She noted that appointed public employees will be notified via e-mail to file their SFI by May 1, 2023. Ms. Duca reported that the Commission has entered into a two-year agreement with its vendor to provide support and maintenance for the SFI system during the Calendar Year 2022 and Calendar Year 2023 SFI filing seasons.
Ms. Duca presented a memorandum discussing the issue of reporting cryptocurrency on SFIs for Calendar Year 2022. She explained that the SFI Team has received inquiries from filers as to whether cryptocurrency was considered a Financial Investment that must be reported on their SFI. Ms. Duca noted that the SFI Team has not required filers to report it in prior years. She thanked Boston University School of Law student Kabbas Azhar, who served as a pro bono intern for the Commission last summer and fall, for his research on the issue of the reporting of cryptocurrency. Ms. Duca stated that the SFI Team would recommend that cryptocurrency be considered a Financial Investment for SFI purposes and that it be reported as such if it meets the financial threshold beginning with the Calendar Year 2022 SFI filing season. Following discussion, the Commission agreed by consensus to not require filers to report cryptocurrency on their SFI for the Calendar Year 2022 SFI filing season as further research and discussion is needed.
Adjudicatory Matters
In the Matter of Michael Byrne, Docket No. 23-0001 (Order to Show Cause issued January 12, 2023): Commissioner Hackshaw was assigned as the presiding officer. Assistant General Counsel Mike McDonald will serve as legal advisor.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in McKeon v. Executive Office of Public Safety et al., Worcester Superior Court Civil Action No. 2285CV01305 and Anderson v. Executive Office of Public Safety et al., Worcester Superior Court Civil Action No. 2285CV1299C, the Commission had been served with an Amended Complaint in which the Commission was added as a party to McKeon and Anderson’s original complaints filed against the Executive Office of Public Safety and Security and the State Police seeking indemnification for their attorney’s fees in defending themselves in the Commission adjudicatory proceeding. She noted that the parties in the McKeon and Anderson cases have filed a joint motion to consolidate the two cases, and the Commission will file a motion to dismiss for both cases.
Vice Chair Kantrowitz requested that the Legal Division briefly report on pending projects at future Commission meetings. Mr. Wilson noted that having the new Special Assistant to assist in administering the Statements of Financial Interests program should help increase the Legal Division’s capacity for such projects.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Case Metrics and Enforcement Intake Metrics.
Ms. Brookman reported that the Enforcement Division has reduced the overall intake backlog from approximately 400 open complaints on January 1, 2022 to 170 open complaints, as of January 1, 2023. She said that she expects the Enforcement Division will also reduce the amount of time a matter is spent in a preliminary inquiry.
EXECUTIVE SESSION
The Commission recessed at 10:50 a.m. and reconvened at 11:00 a.m.
At 11:00 a.m., on the motion of Vice Chair Kantrowitz, seconded by Commissioner Martinez, 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.
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
Vice Chair Kantrowitz 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 26, 2023
- Minutes of the Commission Meeting of December 15, 2022 Public Session
- Memorandum dated January 19, 2023 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in December 2022
- Memorandum dated January 19, 2023 from General Counsel/Legal Division Chief Eve Slattery to the Commission setting forth Legal Division matters for the meeting
- Memorandum dated January 19, 2023 from Legal Division Deputy Chief/SFI Lauren Duca to the Commission concerning the reporting of cryptocurrency on SFIs for Calendar Year 2022
- Enforcement Case Metrics
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator