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 Commissioner Edwards, the Commission voted 5-0 to waive the reading and approve the public session minutes of the May 27, 2021 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 stated that Special Investigator Tim Gravel, who has been on extended military leave, has resigned his position in order to attend the Boston Police Department Academy. He thanked Mr. Gravel for Commission and military service and wished him success in his policing career. Mr. Wilson said that the position of Special Investigator will be posted soon, and he hopes to fill the position by September.
Staff Training
Mr. Wilson said that the Commission staff participated in two training programs on LGBTQ+ issues provided by the MaeBright Group on June 8th and June 15th to help ensure that the agency is a welcoming place for the LGBTQ+ staff and members of the public having dealings with the Commission. He thanked Assistant Enforcement Counsel Tracy Morong and Government Affairs Officer Robert Milt for arranging the trainings. Commissioner Edwards commended how interactive and intimate the trainings were.
Budget
Mr. Wilson reported that the Legislature is currently working to finalize the budget, which will be submitted to the Governor for final approval in July. He said that, in the meantime, the Commission will continue to be funded at its Fiscal Year 2021 level.
Ongoing Projects
At Mr. Wilson’s request, Public Information 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 Baker Administration published the Fiscal Year 2022 Capital Investment Plan on June 14, 2021, which provides continued funding for the replacement project through Fiscal Year 2022. He said that the Commission has signed a statement of work and contract with the vendor, SkillBurst Interactive. Mr. Tuoti added that a kickoff meeting with the vendor is scheduled for June 25, 2021, to discuss the development of a comprehensive training program that will be engaging and accessible to all users.
At Mr. Wilson’s request, Mr. Milt provided an update on the replacement of the Commission’s legacy case management system, Ethos. Mr. Milt explained that the Governor’s five-year Capital Investment Plan provides $300,000 for a new online training program and $450,000 for a new case management system. He said that the project team and the consultant, BerryDunn, are examining the technical requirements and costs of the case management platform, Legal Stratus, which he will report to the Commission at the next meeting. Mr. Wilson thanked Mr. Tuoti and Mr. Milt for their work on the development of a new online training program and case management system.
Legal Committee
Mr. Wilson reported that the Legal Committee met on June 7, 2021, to discuss a draft of components of a Commission mediation policy prepared by the Legal Division. He said that, as agreed at the Legal Committee meeting, Legal Division and Enforcement Division attorneys met yesterday to exchange ideas and prepare a draft mediation policy to be presented at an upcoming Commission meeting.
Office Reopening
Mr. Wilson noted that the COVID-19 State of Emergency ended on June 19, 2021. He said that the gradual reopening of the Commission office will begin on July 6, 2021. Mr. Wilson said that, until July 6th, the Commission staff will continue to work under the same conditions as have been in effect for the last several months. He stated that, while most Commission staff will continue working remotely until after Labor Day, he encourages staff to return 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 the new normal will include an appropriately well-staffed Commission office open to members of the public by appointment only and that most staff will work a hybrid schedule of in-office and remote work.
Mr. Wilson said that he is currently reviewing a new telecommuting policy drafted by the Legal Division to be included in the Commission’s Personnel Manual to fully explain opportunities for remote and hybrid work arrangements. He stated that all staff will have the opportunity to contribute to the development of this policy. He noted that the new normal will permit substantially more Commission work to be performed remotely than was allowed by the agency’s telecommuting policy in effect prior to the State of Emergency.
Chair Krokidas asked whether the Governor or the Legislature filed any legislation to make COVID-19 vaccination mandatory for public employees. Mr. Wilson reported that the Governor has not mandated vaccination for state employees. He added that mask wearing and social distancing are required in common areas of the Commission office, but Commission staff and visitors are not required to be vaccinated.
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 stated that, while the Commission delegation usually consists of staff, occasionally a commissioner attends, and he invited the commissioners to let him know if they were interested in attending the conference.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for July 29, 2021 at 9:30 a.m. He also reminded the Commission that the closing arguments regarding In the Matter of Jeffrey Fournier, Docket No. 20-0002 is scheduled for July 27, 2021 at 2:00 p.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 May 2021. Mr. Giannotti thanked Public Information Officer Gerry Tuoti for presenting the Public Education and Communications Division monthly memoranda in his absence during the April and May Commission meetings.
Mr. Giannotti reported that he conducted a remote public education seminar in May in connection with the Inspector General’s Public Procurement Official Certification Program. He conducted a 20-minute conflict of interest law briefing at the first meeting of the Executive Office of Health and Human Services Opioid Recovery and Remediation Advisory Council. Mr. Giannotti said that he participated in a recording session with the Department of Higher Education to record a seminar so that members of college boards of trustees can complete required trainings at more convenient times. He reported that he recently conducted multiple seminars for the Registry of Motor Vehicles and the City of Boston Inspectional Services Division.
Mr. Giannotti reported that Mr. Tuoti issued press releases regarding the Stephen Comtois and Gary Haley matters during May 2021.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for May 2021
Ms. Slattery presented the following Legal Division metrics for May 2021.
- Written advice. The Legal Division answered by letter or e-mail 89 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 48 pertained to SFIs.
| May 2020 (same month prior year) (total/SFI): | 78/51 |
| April 2021 (previous month) (total/SFI): | 73/39 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 565 requests for advice from state, county, and municipal officials. Of these requests, 216 pertained to SFIs.
| May 2020 (same month prior year) (total/SFI): | 518/279 |
| April 2021 (previous month) (total/SFI): | 497/128 |
- 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.
| May 2020 (same month last year): | 2 |
| April 2021 (previous month): | 2 |
- Backlog. As of June 15, 2021, the Division has 9 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
Legal Division Deputy Chief/SFI Lauren Duca presented the memorandum on the Calendar Year (CY) 2020 Statement of Financial Interests (SFI) filing season. Ms. Duca stated that the filing deadline for appointed public employees was on May 3, 2021, and the filing deadline for elected public officials was on May 25, 2021. She reported that the compliance rate for the CY 2020 SFI filing season (98.4%) was the highest rate in the last eight years. Ms. Duca noted that 98.5% of filers had filed electronically during the CY 2020 SFI filing season.
Ms. Duca reported that the total number of Formal Notices of Lateness issued decreased by 64% from the prior year. She said that the SFI Team is currently reviewing referrals to the Enforcement Division as there are two public employees who filed after the grace period expired. Ms. Duca thanked Government Affairs Officer Robert Milt, Information Technology Specialist Tony Webb, and Administrative Assistant Theresa Meli Omodei for their work during the CY 2020 SFI filing season.
Chair Krokidas commended Ms. Duca for her work to achieve one of the most successful filing seasons on record. Vice Chair Kantrowitz congratulated Ms. Duca on recently achieving twenty years of exemplary service to the Commission.
Adjudicatory Matters
Ms. Slattery presented the June/July calendar of conferences/hearings in pending Commission adjudicatory proceedings.
Litigation Matters
Ms. Slattery provided an update in litigation matters. She reported that, on June 15, 2021, Stephen Comtois filed a Notice of Appeal of the Suffolk Superior Court decision in Comtois v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2084CV02105 affirming the Commission’s 2020 decision that Mr. Comtois violated the conflict of interest law.
Commission Projects
Ms. Slattery provided an update on projects discussed at prior Commission meetings. She said that the Commission is still awaiting further comments from House members on the draft social media advisory. Ms. Slattery reported that it is anticipated the House members will provide their comments by the end of July. She noted that the Legal Division will prepare a draft advisory to be presented to the Commission this fall.
Ms. Slattery stated that Government Affairs Officer Robert Milt and Public Information Officer Gerry Tuoti are preparing an initial draft of a one-page handout for legislators and their staff advocating for full regulatory authority of the conflict of interest law for the Commission.
Ms. Slattery reported that the collection law firm Linebarger Goggan Blair & Sampson, LLP is working on eight matters with unpaid civil penalties.
Ms. Slattery said that the Legal Division prepared a draft telecommuting policy for the Executive Director’s review.
Ms. Slattery said that the Legal Division and the Enforcement Division attorneys met on June 23, 2021 to discuss the drafting of a mediation policy for review by the Legal Committee. She added that the Legal Committee can also discuss a pro bono counsel policy at its next meeting.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics. Ms. Brookman reported that the Enforcement Division kept the complaint backlog relatively even during May 2021. She said that since Special Investigator Lynn Edmonds had recently returned from parental leave, she hopes that the Division can handle a higher number of complaints. Ms. Brookman added that with the recent departure of Special Investigator Tim Gravel, she hopes to fill the vacancy as quickly as possible. She also thanked Staff Counsel Candies Pruitt for presenting for her in her absence during the May Commission meeting.
EXECUTIVE SESSION
At 10:18 a.m., on the motion of Chair Krokidas, seconded by Vice Chair 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.
| 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 10:19 a.m. and reconvened at 10:27 a.m.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of June 24, 2021
- Minutes of the Commission Meeting of May 27, 2021 Public Session
- Memorandum dated June 17, 2021 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in May 2021
- Memorandum dated June 15, 2021 from General Counsel/Legal Division Chief Eve Slattery to the Commission setting forth Legal Division matters for the meeting
- Memorandum dated June 16, 2021 from Legal Division Deputy Chief/SFI Lauren Duca to the Commission concerning the CY 2020 SFI Filing Season
- Calendar of hearing dates and pre-hearing conferences in pending Commission adjudicatory matters
- Memorandum dated June 17, 2021 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning an update on pending projects
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Program Coordinator