PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:30 a.m. Also in attendance were Vice Chair R. Marc Kantrowitz, Commissioner Josefina Martinez, Commissioner Wilbur P. Edwards, Jr., and Commissioner Eron Hackshaw. Chair Krokidas, Vice Chair Kantrowitz, Commissioner Martinez, Commissioner Edwards, and Commissioner Hackshaw participated remotely.
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. She stated that she, Commissioners Kantrowitz, Martinez, Edwards, and Hackshaw were 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 Vice Chair Kantrowitz, seconded by Chair Krokidas, the Commission voted 5-0 to waive the reading and approve the public session minutes of the June 24, 2021 and June 28, 2021 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 stated that Special Investigator Lena Sarunn, who joined the Enforcement Division earlier this year, has resigned her position in order to accept a position at the Department of Children and Families. He thanked Ms. Sarunn for her work with the Commission and wished her success in her new position. Mr. Wilson said that the position of Special Investigator has been posted and he hopes to fill the position by September.
Budget
Mr. Wilson reported that the Governor signed the Fiscal Year 2022 budget into law on July 16, 2021. He said that the Commission’s Fiscal Year 2022 maintenance budget request for $2,666,373, which is approximately $83,000 more than the Commission’s funding for Fiscal Year 2021, was approved. Mr. Wilson explained that the maintenance budget would fully fund Commission operating costs and maintain full staffing levels. He thanked Government Affairs Officer Robert Milt and Chief Financial Officer Alice Wu for their great teamwork on the budget.
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 team and the consultant, BerryDunn, have examined the technical requirements and costs of case management platforms. He said that they will present their capital proposal to the IT Investment Advisory Board at its next meeting on August 18, 2021. Mr. Milt explained that the Fiscal Year 2022 capital investment plan is overseen by the Board to ensure that IT investments are operationally sustainable and supportable. He said that the project team will emphasize that they will issue an RFQ if they are unable to secure a case management platform with EOTSS. Mr. Wilson thanked Mr. Milt for his leadership on this project.
Mr. Wilson said that Public Information Officer Gerry Tuoti will provide an update on the replacement of the Commission’s conflict of interest law online training programs at the next Commission meeting.
Office Reopening
Mr. Wilson stated that the very gradual reopening of the Commission office commenced on July 6, 2021. He stated that, while most Commission staff will continue working remotely until after Labor Day, he encourages staff to return to work in the office before then on a part-time basis. Mr. Wilson said that the Commission will begin a gradual return to a new normal which will be fully in effect after Labor Day, starting on Tuesday, September 7, 2021. He said that administrative employees, who have begun working regular part-time schedules in the office, will work those schedules until after Labor Day. Mr. Wilson said that the new normal will include a new telecommuting policy, which the Commission staff are working to develop for inclusion the Commission Personnel Manual. He noted that the telecommuting policy will fully explain opportunities for remote and hybrid work arrangements.
Commissioner Martinez asked when the draft telecommuting policy would be finalized to be reviewed by the Commission. Mr. Wilson said that he expects the draft policy will be submitted to the Audit, Finance and Human Resources Committee for review by September and to the full Commission for approval by October. He added that the Commission may have to postpone enacting the new telecommuting policy if the COVID-19 pandemic worsens. Chair Krokidas asked how the new telecommuting policy differs from the existing telecommuting policy. Mr. Wilson explained that the new policy, which has been distributed to Commission staff for comment, provides for more flexible hybrid work arrangements.
COGEL Conference
Mr. Wilson said that a Commission delegation will be sent to the annual Council on Governmental Ethics Laws (COGEL) conference scheduled for December 5-8, 2021 in Denver. He said that he hopes that the conference will proceed as planned without any interruption by the COVID-19 pandemic.
Ombudsman
Mr. Wilson reported that the Commission staff elected Assistant Enforcement Counsel Tracy Morong by acclamation to serve as the Commission’s Ombudsman for Fiscal Year 2022. Chair Krokidas asked whether the Ombudsman reports certain matters to the Commission. Mr. Wilson explained that the Ombudsman can confer with either the Executive Director or the Commission if there are specific matters to be reviewed.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for September 9, 2021 at 9:30 a.m. Following discussion, the Commission rescheduled its next meeting for September 15, 2021 at 11:00 a.m. There will not be a Commission meeting in August.
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 2021.
Mr. Giannotti reported that he conducted nine public education seminars in June attended by a total of 455 public employees.
Mr. Giannotti explained the Public Education and Communications Division responds to inquiries from the media and the public, that only he, Public Information Officer Tuoti, and Executive Director Wilson may respond to calls for general information. In responding to calls, Commission staff are mindful of the strict confidentiality requirements imposed by statute. Commission staff do not confirm or deny whether the Commission has received any complaints, is conducting any investigations or whether anyone has contacted the Commission for advice or what, if any, advice was provided. Vice Chair Kantrowitz asked whether the Commission can respond to any misrepresentations by the press. Mr. Giannotti said that, while the Commission is subject to strict confidentiality restrictions, the Commission can take steps to correct any material misrepresentations of Commission actions or decisions.
Vice Chair Kantrowitz asked if the Commission should clarify that, in certain circumstances, vendors or consultants could be considered public employees under the conflict of interest law. Mr. Giannotti explained that the Commission does not receive many requests for educational services from consultants or vendors, however, he conducts public education seminars for vendors and consultants in connection with the Inspector General’s Massachusetts School Building Authority certification program. He noted that Commission Advisory 06-01 also explains how the conflict of interest law applies to certain consultants and attorneys who perform services for state, county, and municipal agencies. Chair Krokidas said that the Commission should work with public agencies to remind private consultants and attorneys who provide government services that they may be public employees subject to the conflict of interest law.
Mr. Giannotti thanked Mr. Tuoti, who also serves as the Commission’s Records Access Officer, for his work responding to all public information requests. He also thanked Mr. Tuoti for his hard work working with staff on press releases and responding to general inquiries from the public and media.
Mr. Giannotti reported that the Commission has been working with vendor SkillBurst Interactive to prepare an initial outline of the new conflict of interest law online training program. He thanked Mr. Tuoti, Mr. Milt, Mr. Wilson, General Counsel/Legal Division Chief Eve Slattery, Enforcement Division Chief Monica Brookman, and Program Coordinator Arthur Xia for their participation and assistance in the development of the new training course.
Mr. Giannotti commended Information Technology Specialist Tony Webb for the maintenance of the existing case management system Ethos. He stated that Mr. Webb worked with a vendor to complete the Ethos server project begun in Fiscal Year 2020 when the application was converted from a 32-bit application to a virtual application that could be hosted on 64-bit servers. Mr. Giannotti reported that by the end of Fiscal Year 2021, the disaster recovery features of the two-server environment were fully implemented.
Mr. Giannotti said that Mr. Webb researched and made recommendations on a new lease agreement to replace the three multifunction printers in the office. He added that after reviewing quotes and printer features from three vendors, the Commission staff selected Xerox printers.
Public Education and Communications Division and Information Technology Fiscal Year 2021 Report
Mr. Giannotti presented the Public Education and Communications Division and Information Technology Report for Fiscal Year 2021. He reported that he conducted 65 public education seminars for 3,101 public employees and consultants in Fiscal Year 2021. Mr. Giannotti also reported that Mr. Tuoti issued 12 press releases in Fiscal Year 2021 concerning enforcement matters and reposted a press release from the Attorney General’s Office concerning the appointment of Commissioner Hackshaw. He and Mr. Tuoti also responded to 149 calls from the press and 265 calls from the public in Fiscal Year 2021 seeking information about enforcement matters, adjudicatory proceedings, or general information about the Commission and the conflict of interest law.
Mr. Giannotti thanked Mr. Xia for his hard work collecting conflict of interest law education records from all elected state and county officials and for handling the messaging to all public agencies concerning the 2021 compliance requirements. He reported that by the end of Fiscal Year 2021, all elected state and county officials completed the education requirements. Mr. Giannotti also reported that he and Mr. Xia responded to 1,029 telephone or email inquiries concerning the conflict of interest law education requirements, including technical questions concerning the online training programs. He expects that the new online training program will be available to the public by the next compliance period.
Mr. Giannotti thanked Mr. Tuoti and Mr. Xia for their hard work in providing technical support for all remote Commission meetings and hearings. He also thanked Mr. Xia for his hard work preparing the minutes of Commission meetings and distributing meeting packets in advance of each meeting.
Mr. Giannotti also noted that he, Mr. Tuoti, and Mr. Xia assisted the Enforcement Division by handling complaint intake three days a week from October through May, and he thanked Mr. Tuoti and Mr. Xia for their willingness to provide the assistance.
LEGAL DIVISION MATTERS
In the absence of General Counsel/Legal Division Chief Eve Slattery, Legal Division Deputy Chief/SFI Lauren Duca reported on the activities of the Legal Division.
Legal Division Fiscal Year 2021 Report
Ms. Duca presented the Legal Division Report for Fiscal Year 2021. She noted that the Commission collected unpaid civil penalties in five matters totaling $13,045.74.
Legal Division Metrics for June 2021
Ms. Duca presented the following Legal Division metrics for June 2021.
- Written advice. The Legal Division answered by letter or e-mail 41 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 8 pertained to SFIs.
| June 2020 (same month prior year) (total/SFI): | 58/32 |
| May 2021 (previous month) (total/SFI): | 89/48 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 357 requests for advice from state, county, and municipal officials. Of these requests, 8 pertained to SFIs.
| June 2020 (same month prior year) (total/SFI): | 429/96 |
| May 2021 (previous month) (total/SFI): | 565/216 |
- 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 2020 (same month last year): | 0 |
| May 2021 (previous month): | 0 |
- Backlog. As of July 19, 2021, the Division has 6 pending requests for written advice that are more than 30 days old. There is a total of 21 pending requests for written advice.
SFI Summary
Ms. Duca reported that all appointed public employees and elected public officials who were required to file in Calendar Year 2020 have now filed. Ms. Duca stated that she will provide an update at the next meeting about whether the 3 former public employees and 1 current public employee who filed after the expiration of the 10-day statutory grace period should be referred to the Enforcement Division.
Adjudicatory Matters
Ms. Duca presented the July/August calendar of conferences/hearings in pending Commission adjudicatory proceedings.
Litigation Matters
Ms. Duca provided an update on litigation matters.
Commission Projects
Ms. Duca provided an update on projects discussed at prior Commission meetings. Vice Chair Kantrowitz commended the Legal Division for the collection of the $818.50 civil penalty. Ms. Duca stated that the collection law firm Linebarger Goggan Blair & Sampson, LLP is currently pursuing six other cases.
Vice Chair Kantrowitz asked when the Commission will receive a draft of the mediation policy for review. Ms. Duca explained that the Legal Division and the Enforcement Division met to discuss a draft policy. She added that Ms. Slattery will provide an update on the draft policy at the next Commission meeting.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics. Ms. Brookman reported that the Enforcement Division received an unprecedented number of complaints in June, which increased the total number of open complaints by 20. She also stated that the Enforcement Division also resolved the most complaints in intake that it has in over a year in June.
Enforcement Division Fiscal Year 2021 Report
Ms. Brookman presented the Enforcement Division Report for Fiscal Year 2021.
Ms. Brookman reported that the Enforcement Division negotiated six disposition agreements and two public education letters, issued four confidential compliance letters, and was actively involved in eight adjudicatory proceedings in Fiscal Year 2021. She added that the Enforcement Division has steadily reduced the number of complaints backlogged more than six months despite investigator staffing at roughly 70% in Fiscal Year 2021. Ms. Brookman said that she hopes to further reduce the complaint backlog in Fiscal Year 2022 when the Enforcement Division becomes fully staffed.
EXECUTIVE SESSION
At 10:35 a.m., on the motion of Chair Krokidas, 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.
The meeting recessed at 10:36 a.m. and reconvened at 10:42 a.m.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of July 29, 2021
- Minutes of the Commission Meeting of June 24, 2021 Public Session
- Minutes of the Commission Meeting of June 28, 2021 Public Session
- Memorandum dated July 22, 2021 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in June 2021
- Memorandum dated July 22, 2021 from Public Education and Communications Division Chief David Giannotti to the Commission concerning the Public Education and Communications Division and Information Technology Report for Fiscal Year 2021
- Memorandum dated July 22, 2021 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning the Legal Division Report for Fiscal Year 2021
- Memorandum dated July 19, 2021 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 19, 2021 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning an update on pending projects
- Memorandum dated July 21, 2021 from Enforcement Division Chief Monica Brookman to the Commission concerning the Enforcement Division Report for Fiscal Year 2021
- Enforcement Case Metrics
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Program Coordinator