PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:32 a.m. Also in attendance were Vice Chair R. Marc Kantrowitz, Commissioner Josefina Martinez, Commissioner Wilbur P. Edwards, Jr., and Commissioner Eron Hackshaw.
REMOTE PARTICIPATION
Chair Krokidas 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. 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 5-0 to waive the reading and approve the public session minutes of the June 16, 2022 and June 28, 2022 Commission meetings.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson informed the Commission that the vacant Assistant Enforcement Counsel position has been filled and said he will provide further information about the new attorney at the next Commission meeting.
Budget
Mr. Wilson reported that the Legislature passed the Fiscal Year 2023 state budget on July 18, 2022, which provides $2,954,468 in operating funding for the Commission as requested. He noted that the Fiscal Year 2023 funding is approximately $288,000 more than the amount appropriated for the Commission for Fiscal Year 2022. Mr. Wilson thanked Government Affairs Officer Robert Milt and Chief Financial Officer Alice Wu for their very diligent and highly effective work on the budget.
Ongoing Projects
Mr. Wilson provided an update on the replacement of the Commission’s conflict of interest law online training programs in the absence of Senior Public Information Officer and project leader Gerry Tuoti. He reported that the Commission has received the full English-language version of the new conflict of interest law online training course from the vendor, SkillBurst Interactive. Mr. Wilson noted that the Spanish, Portuguese, and Chinese language versions of the training are expected to be completed in the fall. He said that the Commission and SkillBurst are currently working to configure a learning management platform for end-users to complete their conflict of interest law training and to electronically acknowledge their receipt of the summary of the conflict of interest law.
Mr. Wilson provided an update on the replacement of the Commission’s legacy case management system, Ethos, in the absence of project leader Mr. Milt. He reported that the Legal Case Management System consortium, the Executive Office of Technology Services and Security, and consultant, BerryDunn, will be working with the vendor to configure and finalize the contract for implementing the new case management system through September and October.
Mr. Wilson thanked Mr. Tuoti and Mr. Milt for their leadership and diligence in managing the two projects.
Senate Briefing
Mr. Wilson reported that he, General Counsel and Legal Division Chief Eve Slattery, and Legal Division Deputy Chief/SFI Lauren Duca will conduct a conflict of interest law briefing for the Senate on July 27, 2022. Mr. Wilson noted that the Commission has previously provided similar briefings to the Senate and expressed his appreciation for the Senate’s interest in the work of the Commission.
Chair Krokidas asked whether the Commission should meet with the Legislature to advocate in support of full regulatory authority for the Commission. Ms. Slattery said that such authority for the Commission would be discussed if asked about during the Senate briefing. Mr. Wilson stated that there will be future opportunities to advocate for full regulatory authority for the Commission. Vice Chair Kantrowitz asked whether there are other agencies that have full regulatory authority. Mr. Wilson stated that, among other agencies, the Office of Campaign and Political Finance has full regulatory authority.
Next Meeting
Following discussion, the Commission scheduled its next meeting for September 8, 2022 at 9:30 a.m. The Commission also tentatively scheduled a meeting for August 17, 2022 at 9:30 a.m., if needed.
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 2022.
Mr. Giannotti said that he, Senior Public Information Officer Gerry Tuoti, and Senior Program Coordinator Arthur Xia will conduct outreach to state, county, and municipal stakeholders to introduce them to the new conflict of interest law online training course and hosting platform. Commissioner Edwards asked whether the vendor, SkillBurst Interactive, will continue to provide services to the Commission after delivery of the new online training course. Mr. Giannotti explained that the configured learning management system platform will be hosted by SkillBurst.
Mr. Giannotti thanked Administrative Assistant Nubia Villarroel and Mr. Xia for their work to upload Commission formal opinions from 1978 to 1985 to the website. He noted that there are approximately 1,000 formal opinions that still need to be uploaded.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for June 2022
Ms. Slattery presented the following Legal Division metrics for June 2022.
- Written advice. The Legal Division answered by letter or e-mail 30 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 4 pertained to SFIs.
| June 2021 (same month prior year) (total/SFI): | 41/8 |
| May 2022 (previous month) (total/SFI): | 74/28 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 381 requests for advice from state, county, and municipal officials. Of these requests, 32 pertained to SFIs.
| June 2021 (same month prior year) (total/SFI): | 357/8 |
| May 2022 (previous month) (total/SFI): | 566/197 |
- 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.
| June 2021 (same month prior year): | 1 |
| May 2022 (previous month): | 1 |
- Backlog. As of July 19, 2022, the Division has 22 pending requests for written advice that are more than 30 days old. There is a total of 39 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 the SFI Team is still working to get one remaining former public employee to file. She said that the SFI Team will continue to work to locate the non-filer to get them filed while assisting new filers seeking technical and legal assistance.
Adjudicatory Matters
In the Matter of Brooke Merkin, Docket No. 22-0006 (Order to Show Cause issued July 18, 2022): Commissioner Edwards was assigned as the presiding officer. Assistant General Counsel Ting Chiu will serve as legal advisor.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in Fournier v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2184CV2474B, Assistant General Counsel Ting Chiu argued for the Motion for Judgment on the Pleadings before Judge Christine M. Roach at a remote hearing on July 20, 2022.
Ms. Slattery reported that, in Comtois v. State Ethics Commission, Appeals Court Docket No. 2021-P-1151, a hearing is anticipated to be scheduled in the fall.
Commissioner Edwards asked whether Appeals Court hearings were livestreamed that can be accessible to the public online. Ms. Slattery said that she can provide the public access information to the Commissioners for any upcoming matters pending before the Appeals Court.
Commission Projects
Ms. Slattery provided a brief report on projects discussed at prior Commission meetings.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Case Metrics and Enforcement Intake Metrics for Fiscal Year 2021.
Ms. Brookman said that she is looking forward to the addition of the new Assistant Enforcement Counsel in the Enforcement Division in September.
Ms. Brookman reported that the Enforcement Division reduced the overall complaint backlog by 25 complaints last month. She noted that the total number of open complaints are now at its lowest level in years.
EXECUTIVE SESSION
At 9:56 a.m., on the motion of Vice Chair Kantrowitz, seconded by Commissioner 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 Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | 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 July 26, 2022
- Minutes of the Commission Meeting of June 16, 2022 Public Session
- Minutes of the Commission Meeting of June 28, 2022 Public Session
- Memorandum dated July 20, 2022 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in June 2022
- Memorandum dated July 19, 2022 from General Counsel/Legal Division Chief Eve Slattery to the Commission setting forth Legal Division matters for the meeting
- Enforcement Case Metrics for Fiscal Year 2022
- Enforcement Intake Metrics for Fiscal Year 2022
Respectfully submitted,
Arthur Xia
Senior Program Coordinator