PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:31 a.m. Also in attendance were Vice Chair David A. Mills, Commissioner Thomas J. Sartory, and Commissioner R. Marc Kantrowitz. Commissioner Josefina Martinez was absent.
APPROVAL OF MEETING MINUTES
On the motion of Commissioner Kantrowitz, seconded by Commissioner Sartory, the Commission voted 4-0 to waive the reading and approve the public session minutes of the May 16, 2019 Commission meeting.
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Office Improvements
Mr. Wilson reported that the installation of new carpeting throughout the Commission’s office space took place from June 7 through June 9. He thanked Chief Financial Officer Alice Wu for organizing the office packing required to accommodate the carpet installation; receptionists Nubia Villarroel and Susan Moorhead for their assistance with the packing; and Ms. Wu, Ms. Villarroel, Deputy Legal Division Chief Lauren E. Duca, Information Technology Specialist Tony Webb, and Assistant General Counsel T. Michael McDonald for coming into the office the weekend of the installation. Mr. Wilson noted that Mr. Webb disconnected all of the offices’ computers at the beginning of the installation and reconnected them at the end the installation. Mr. Wilson further noted that the installation did not interfere with the office being open to the public as usual on Friday June 7 and opening as usual Monday June 10th.
Mr. Wilson informed the Commission that the office’s old telephone system had recently been replaced with a new Voice over Internet Protocol (VoIP) system. He noted that Mr. Webb swapped out all of the old telephones for the new ones. Mr. Wilson explained that VoIP telephones use an internet connection rather than conventional telephone lines, and that they offer more features at a lower cost. He added that it is expected that all state agencies will be required to use VoIP telephone systems in the future.
Mr. Wilson also reported that new fiber optic cable had been installed from computer switches in the Commission’s office suite to the new server room on the 7th floor of the McCormack Building. He said the cable installation will accommodate the eventual move of the Commission’s network server to the new server room.
Budget
Government Affairs Officer Robert Milt provided an update on the Fiscal Year 2020 budget. Mr. Milt reported that since the last Commission meeting, the Senate had adopted an amendment that Senator Marc Pacheco sponsored to provide approximately $108,000 in additional funding to the Commission, matching the $2,391,848 in funding for the Commission that the House included in its amended budget. Mr. Milt said the House and Senate budget bills were now in conference committee.
Capital Funding Request
Mr. Wilson informed the Commission that earlier in June, the Executive Office of Administration and Finance issued its five-year Capital Investment Plan, which prioritizes nearly $2.5 billion in capital expenditures for Fiscal Year 2020. Mr. Wilson said that he was pleased to report that the Capital Investment Plan includes approximately $300,000 to support the Commission’s development and implementation of a new online training program. He said that the current program has served the Commission well over the past 10 years, however, new educational methods and technological innovations in electronic learning have since come online. Mr. Wilson said a goal of the project will be to create a more engaging, accessible, easy-to-use program that is compatible with mobile devices. Mr. Wilson said an initial team of Mr. Milt, Public Information Officer Gerry Tuoti, Public Education and Communications Division Chief David Giannotti, and himself has discussed the process and next steps. He said the team will solicit input from a wide variety of stakeholders and put together a plan to hopefully implement a new online training program by January 2021.
FY 2018 Annual Report
Mr. Wilson and the Commission discussed the Fiscal Year 2018 Annual Report, which was issued on May 31, posted on the Commission’s website, and sent to Governor Baker, Speaker DeLeo, Senate President Spilka, and all the constitutional officers. Mr. Wilson said that Mr. Giannotti had produced the annual report in past years and gave that responsibility to Mr. Tuoti for Fiscal Year 2018. Chair Krokidas said the report is informative and that the Enforcement Division statistics, which were compiled by Enforcement Division Chief Monica Brookman, are particularly illustrative of the Commission’s work. The Commission and Mr. Giannotti discussed the potential for incorporating information from the Annual Report in educational seminars.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for July 18 at 9:30 a.m.
EMPLOYEE COMPENSATION
Mr. Wilson and the Commission discussed adjustments to salaries of certain employees who are not compensated according to the terms of the National Association of Governmental Employees (NAGE) Unit 6 collective bargaining agreement salary schedule. Mr. Wilson stated that while he was in the process of distributing $22,000 in salary adjustments the Commission approved at the May meeting, he realized that certain additional adjustments would be required to ensure compensation levels that more fairly and accurately reflect the duties of certain positions and the value of certain employees’ work to the Commission. Mr. Wilson said his request for the Commission to authorize the additional adjustments was based on a re-examination of the Commission’s current and anticipated future financial state. On the motion of Chair Krokidas, seconded by Commissioner Kantrowitz, the Commission voted 4-0 to authorize the Executive Director, in his discretion and in consultation with the Commission’s CFO, to make upward adjustments collectively totaling not more than $12,500 to the salaries of the Commission staff (not including the Executive Director) not paid according to the Unit 6 collective bargaining agreement salary schedule, retroactive to the later of July 1, 2018 or the date of their appointment to their positions.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION REPORT
Public Education and Communications Division Chief David Giannotti presented the monthly Public Education and Communications Division Report. He said work will soon begin on fiscal year reports, the online training program, and information technology projects.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for May 2019
Ms. Slattery presented the following Legal Division metrics for May 2019.
- Written advice. The Legal Division answered by letter or email 100 written requests for advisory opinions under G.L. c. 268A and c. 268B.
For comparison: May 2018 (same month last year): 76
April 2019 (previous month): 79
- Oral advice. The Legal Division attorneys provided advice by telephone or on a walk-in basis in response to 612 requests for advice from state, county and municipal officials.
For comparison: May 2018 (same month last year): 565
April 2019 (previous month): 600
- Review of municipal letters. Division staff reviewed 4 letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
For comparison: May 2018 (same month last year): 4
April 2019 (previous month): 0
- Backlog. As of today, the Division has 2 pending requests for written advice that are more than 30 days old. There is a total of 22 pending requests for written advice.
The Commission discussed the types of calls the Legal Division receives. In response to Chair Krokidas’ question about callers who ask about another person’s conduct, Ms. Slattery explained that the Legal Division has a policy to not provide advice about third-party conduct or past conduct. Mr. Wilson stated that the Public Education and Communications Division often fields calls from people asking about how the conflict of interest law applies to situations in their communities. He said that while Public Education and Communications Division staff do not discuss actual situations, they provide general explanations of the law and information about how to file a complaint. Mr. Giannotti added that the Public Education and Communications Division also fields calls from members of the press and calls related to training and seminars.
SFI Summary
Ms. Duca provided an update on Statements of Financial Interests. She reported that all elected state and county officials filed their 2018 SFIs by either the May 28 filing deadline or the end of the 10-day grace period that ended on June 7. She said the SFI Team conducted a vigorous outreach effort to ensure compliance.
Ms. Duca discussed several software enhancements to the SFI filing system, which will improve the program’s reporting capabilities. She said the enhancements will help the Commission better identify off-season filers. She added that work continues reaching out to off-season filers from 2015, 2016, and 2017 who did not file due to a system glitch.
Adjudicatory Matters
General Counsel/Legal Division Chief Eve Slattery presented the Legal Division calendar.
In the Matter of Helen Donohue: Adjudicatory Docket No. 19-0005. An Order to Show Cause was filed June 17, 2019. Commissioner Kantrowitz was assigned as presiding officer. Staff Counsel Norah Mallam will serve as legal advisor, with Assistant General Counsel Ting Chiu assisting.
Litigation Matters
McGovern v. State Ethics Commission: Appeals Court Docket No. 2018-P-1060. The Commission is awaiting the Court’s decision.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Metrics
Enforcement Division Chief Monica Brookman presented the Enforcement intake metrics. She said that the overall complaint intake has increased slightly and that the backlog has been maintained. She reported that both investigators who are currently on leave were expected to return in July.
Chair Krokidas commended the Enforcement Division staff on the number of recent Disposition Agreements.
EXECUTIVE SESSION
At 10:23 a.m., on the motion of Chair Krokidas, seconded by Commissioner Kantrowitz, 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.
VOTE: Chair Krokidas yes
Commissioner Mills yes
Commissioner Sartory yes
Commissioner Kantrowitz yes
Commissioner Martinez 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 20, 2019
- Minutes of the State Ethics Commission Meeting of May 16, 2019 Public Session
- Memorandum dated June 13, 2019 from Public Education and Communications Division Chief David Giannotti to the Commission concerning the Public Education and Communications Division report for the meeting
- Memorandum dated June 11, 2019 from General Counsel/Legal Division Chief Eve Slattery to the Commission setting forth Legal Division matters for the meeting
- Legal Division Calendar
- Report of Enforcement Division Intake Metrics
Respectfully submitted,
Gerry Tuoti
Public Information Officer