PUBLIC SESSION
MEETING CONVENED
Vice Chair Josefina Martinez called the meeting to order at 9:30 a.m. Also in attendance were Commissioner Wilbur P. Edwards, Jr., Commissioner Eron Hackshaw, and Commissioner Thomas A. Connors. Commissioner Hackshaw participated remotely.
REMOTE PARTICIPATION
Vice Chair Martinez 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 Martinez noted that all votes at the meeting would be taken by roll call.
APPROVAL OF MEETING MINUTES
On the motion of Vice Chair Martinez, seconded by Commissioner Connors, the Commission voted 4-0 to waive the reading and approve the public session minutes of the June 22, 2023 Commission meeting.
| 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.
Budget
At Mr. Wilson’s request, Government Affairs Officer Robert Milt provided an update on the Fiscal Year 2024 budget process. Mr. Milt reported that the Legislature did not finalize the Fiscal Year 2024 budget by the end of Fiscal Year 2023 on June 30, 2023. He told the Commission that the Legislature has passed an interim budget to fund government operations through the end of July 2023. Mr. Milt noted that he expects that the Legislature will likely finalize the Fiscal Year 2024 budget by the end of July. Mr. Wilson noted that, when the new NAGE Unit 6 Collective Bargaining Agreement takes effect, the nine Commission staff members whose salaries are determined by the Unit 6 agreement will receive retroactive salary increases.
Ongoing Projects
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 the project consultant, BerryDunn, is working with the project vendor, Sophus Consulting, on the initial build of the base model for the new legal case management system platform. He reported that an additional contract amendment was signed, which will allow for the implementation and data migration plans to proceed. Mr. Milt noted that, when the plan is written and costs are assigned to each activity, EOTSS will sign an implementation services contract with the vendor.
At Mr. Wilson’s request, Senior Public Information and Communications Officer Gerry Tuoti provided an update on the Commission’s new conflict of interest law online training program and learning management system. Mr. Tuoti first reported that he and Mr. Milt presented information about the new online learning platform at a virtual COGEL Sub-Connect panel on e-learning on July 12, 2023 attended by approximately 50 participants. He thanked the COGEL Programming Committee for the opportunity to participate on the panel and said that he looks forward to presenting at the upcoming COGEL Conference this December. Commissioner Edwards asked what kind of questions were asked about the new online learning platform at the COGEL Sub-Connect panel. Mr. Tuoti explained that the attendees were interested in the overall process, the cost of implementation, and the price structure of the subscription costs. Mr. Tuoti then reported that the project vendor, SkillBurst Interactive, recently completed enhancements that will allow public agencies to create user accounts for their employees using a bulk import function, to allow public employees to add additional public employers to their user profile, and to allow public employees to add their department, agency, or board to their user profile.
New Commissioner
Mr. Wilson stated that there is nothing new to report from the Governor’s Boards and Commissions Office regarding the appointment of a new commissioner to succeed Chair Krokidas.
COGEL Conference
Mr. Wilson said that the annual Council on Governmental Ethics Laws (COGEL) Conference is scheduled for December 3-6, 2023 in Kansas City, Missouri. Mr. Wilson said that Commissioner Edwards will join the delegation of Commission staff at the upcoming conference, and he invited other Commissioners interested in attending the conference to join the delegation.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is tentatively scheduled for August 24, 2023 at 9:30 a.m. Vice Chair Martinez stated that the Commission would decide whether to cancel its August meeting based on discussions in executive session. Following discussion, the Commission scheduled a Commission meeting for September 21, 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 June 2023.
Mr. Giannotti reported that he conducted two public education seminars in June attended by 133 public employees.
Mr. Giannotti reported that the Public Education and Communications Division responded to 334 telephone and e-mail inquiries regarding the new online learning platform in June.
Mr. Giannotti stated that he is working with staff from the Governor’s Boards and Commission’s Office, the Executive Office of Public Safety and Security, and the Executive Office of Health and Human Services to allow appointees of state boards and commissions who are appointed by the Governor or through the respective secretariats to use the new learning platform to complete the education requirements, noting that members of these boards and commissions may not be able to use the state’s MassAchieve learning management site to complete the requirements.
Public Education and Communications Division and Information Technology Report for Fiscal Year 2023
Mr. Giannotti presented the Public Education and Communications Division and Information Technology Report for Fiscal Year 2023. He thanked Mr. Tuoti, Senior Program Coordinator Arthur Xia, and Information Technology Specialist Tony Webb for their hard work during the fiscal year. Mr. Giannotti reported that he, Mr. Tuoti, and Mr. Xia have responded to over 4,000 inquiries concerning the new online learning platform since its launch on January 12, 2023.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for June 2023
Ms. Slattery presented the following Legal Division metrics for June 2023.
- Written advice. The Legal Division answered by letter or e-mail 68 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 3 pertained to SFIs.
| June 2022 (same month prior year) (total/SFI): | 30/4 |
| May 2023 (previous month) (total/SFI): | 105/19 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 511 requests for advice from state, county, and municipal officials. Of these requests, 6 pertained to SFIs.
| June 2022 (same month prior year) (total/SFI): | 381/32 |
| May 2023 (previous month) (total/SFI): | 637/183 |
- 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.
| June 2022 (same month prior year): | 1 |
| May 2023 (previous month): | 3 |
- Backlog. As of July 10, 2023, the Division has 0 pending requests for written advice that are more than 30 days old. There are a total of 17 pending requests for written advice.
Adjudicatory Matters
Ms. Slattery presented the July/August calendar of conferences/hearings in pending Commission adjudicatory proceedings.
In the Matter of Joseph Solomon, Docket No. 23-0010 (Order to Show Cause issued July 6, 2023): Commissioner Edwards was assigned as the presiding officer. Assistant General Counsel Ting Chiu will serve as legal advisor.
Litigation Matters
Ms. Slattery reported that there are no updates on pending litigation matters.
Legal Division Report for Fiscal Year 2023
Ms. Slattery presented the Legal Division Report for Fiscal Year 2023. She reported that there has been a significant increase in requests for advice since January 2023, likely due to public employees completing the new online training program and the new administration. Ms. Slattery also reported that the Legal Division reviewed more disclosures than average, likely due to more travel by elected officials. She noted that the Legal Division served as legal advisors in ten adjudicatory proceedings and successfully represented the Commission in four litigation matters.
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on the filing of Statements of Financial Interests (SFI). Ms. Duca stated that the SFI Team continued to assist new filers with technical and legal questions. She noted that they are also working with the vendor under the maintenance and support agreement to resolve several minor issues with the SFI system.
Ms. Duca presented the SFI filing season report for Calendar Year 2022. She commended Administrative Assistant Theresa Meli Omodei, Mr. Milt, Mr. Webb, and Special Assistant to Administration and SFI Rose Costa for their hard work during the highly successful SFI filing season. Ms. Duca reported that 96.2% of all public employees and public officials filed by their respective deadlines, which is the third highest rate in the last ten years. She further reported that 97.4% of all filers filed electronically. Ms. Duca noted that the SFI Team did not need to make any referrals of late or non-filers to the Enforcement Division.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Report for Fiscal Year 2023
Ms. Brookman presented the Enforcement Division Report for Fiscal Year 2023. She reported that, in that twelve-month period, the Enforcement Division had negotiated 11 disposition agreements that resulted in nearly $200,000 in civil penalties and two public education letters. Ms. Brookman further reported that the Division significantly reduced the intake backlog to a more manageable level in Fiscal Year 2023. She said the Division’s goal for Fiscal Year 2024 is to shorten the overall duration of preliminary inquiries. Vice Chair Martinez commended the Enforcement Division for reducing the intake backlog from 114 to 18 complaints.
Enforcement Division Chief Monica Brookman presented the Enforcement Case Metrics and Enforcement Intake Metrics. Ms. Brookman reported that, while the Enforcement Division received a much higher complaint volume than average between March and May, which are the cases that, if open, would be considered backlog, the Division successfully reduced the backlog in June, as well as overall open complaints numbers.
EXECUTIVE SESSION
At 10:01 a.m., on the motion of Vice Chair Martinez, seconded by Commissioner Edwards, 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 Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Commissioner Connors | Yes |
Vice Chair Martinez 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 July 20, 2023
- Minutes of the Commission Meeting of June 22, 2023 Public Session
- Memorandum dated July 13, 2023 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in June 2023
- Memorandum dated July 13, 2023 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division and Information Technology Report for Fiscal Year 2023
- Memorandum dated July 10, 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
- Memorandum dated July 12, 2023 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning the Legal Division Report for Fiscal Year 2023
- Memorandum dated July 11, 2023 from Legal Division Deputy Chief/SFI Lauren Duca to the Commission concerning the SFI Filing Season Report for Calendar Year 2022
- Memorandum dated July 12, 2023 from Enforcement Division Chief Monica Brookman to the Commission concerning the Enforcement Division Report for Fiscal Year 2023
- Enforcement Case Metrics
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator