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. Vice Chair Kantrowitz and Commissioner Edwards 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. Chair Krokidas stated that Vice Chair Kantrowitz and Commissioner Edwards would participate 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 Commissioner Martinez, seconded by Commissioner Edwards, the Commission voted 5-0 to waive the reading and approve the public session minutes of the May 31, 2022 Commission meeting.
| 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 reported that the Enforcement Division has been conducting interviews for the open Assistant Enforcement Counsel position. He thanked Enforcement Division Chief Monica Brookman for her leadership and diligence in identifying qualified candidates.
Mr. Wilson stated that, following further discussion with Commission staff, the draft telecommuting policy will be submitted to the Audit, Finance and Human Resources Committee for review in July before being submitted to the full Commission for final approval.
Budget
Mr. Wilson noted that there was nothing significant to report about the budget for this meeting and said he will provide a budget update at the next Commission meeting.
Ongoing Projects
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 reported that the Executive Office of Technology Services and Security has endorsed the legal case management system strategic sourcing team’s recommendation regarding an apparent successful bidder for a new legal case management platform. He said that he expects that the Commonwealth will enter into an enterprise agreement with the same vendor on or around June 30, 2022.
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 the fully developed English version of the training is on track to be delivered by the end of the month. He noted that the Spanish, Portuguese, and Chinese language versions of the training are expected to be completed during the summer. Mr. Tuoti said that the Commission and the vendor, SkillBurst Interactive, 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. He presented two promotional videos for the new conflict of interest law online training programs.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for July 26, 2022 at 9:30 a.m. Chair Krokidas reminded the Commission that a remote meeting was scheduled for June 28, 2022 at 9:30 a.m. to begin deliberations regarding In the Matters of Susan Anderson, et al.
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 May 2022.
Mr. Giannotti presented the Fiscal Year 2020 Annual Report, which was issued in April 2022, and reported that Senior Public Information and Communications Officer Gerry Tuoti is currently working on the Fiscal Year 2021 Annual Report.
Mr. Giannotti reported that he conducted four remote and three in-person public education seminars in May attended by 220 public employees. He thanked Staff Counsel Candies Pruitt for conducting a remote seminar for the Inspector General’s Public Procurement Officer certification program. Mr. Giannotti also thanked Assistant Enforcement Counsel Victoria Giuliano for conducting a conflict of interest law briefing for the Executive Office of Public Safety and Security internship program.
Mr. Giannotti reported that Information Technology Specialist Tony Webb is in the process of replacing the flip phones that were previously issued to Commission staff with new smartphones from T-Mobile.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for May 2022
Ms. Slattery presented the following Legal Division metrics for May 2022.
- Written advice. The Legal Division answered by letter or e-mail 74 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 28 pertained to SFIs.
| May 2021 (same month prior year) (total/SFI): | 89/48 |
| April 2022 (previous month) (total/SFI): | 65/20 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 566 requests for advice from state, county, and municipal officials. Of these requests, 197 pertained to SFIs.
| May 2021 (same month prior year) (total/SFI): | 565/216 |
| April 2022 (previous month) (total/SFI): | 447/99 |
- 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.
| May 2021 (same month prior year): | 1 |
| April 2022 (previous month): | 1 |
- Backlog. As of June 7, 2022, the Division has 14 pending requests for written advice that are more than 30 days old. There is a total of 29 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 said that the SFI Team is still working with 8 non-filers, all of whom are former appointed public employees, to get them filed before the end of their 10-day statutory grace period.
Adjudicatory Matters
Ms. Slattery presented the May/June calendar of hearing dates and pre-hearing conferences in pending Commission adjudicatory proceedings. She reported that the adjudicatory hearing regarding In the Matter of Gary Haley was held on June 6 and 7, 2022. Ms. Slattery also reminded the Commission that the adjudicatory hearing regarding In the Matter of Robert O’Brien is scheduled for July 21-22, 2022 at 10:00 a.m.
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, a remote hearing on the Motions for Judgment on the Pleadings is scheduled for July 20, 2022 before Judge Christine M. Roach.
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 Intake Metrics.
Ms. Brookman reported that the Enforcement Division continued to reduce the complaint backlog in May. She thanked the Enforcement Division staff for processing over 90 complaints in intake last month. Ms. Brookman commended Special Investigator Katelyn Farago for managing a substantial caseload as a contract investigator.
EXECUTIVE SESSION
At 10:04 a.m., on the motion of Commissioner Edwards, seconded by Chair Krokidas, 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 June 16, 2022
- Minutes of the Commission Meeting of May 31, 2022 Public Session
- Memorandum dated June 9, 2022 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in May 2022
- Memorandum dated June 7, 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 June 7, 2022 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning an update on pending projects
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator