PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:34 a.m. Also in attendance were Vice Chair Thomas J. Sartory, Commissioner R. Marc Kantrowitz, Commissioner Josefina Martinez, and Commissioner Wilbur P. Edwards, Jr. Chair Krokidas, Vice Chair Sartory, Commissioner Kantrowitz, Commissioner Martinez, and Commissioner Edwards participated remotely.
REMOTE PARTICIPATION
Chair Krokidas announced that the meeting would take place remotely pursuant to Governor Baker’s Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, § 20, dated March 12, 2020. She stated that members of the public had been invited to listen to the public session by teleconference. Chair Krokidas noted that all votes at the meeting would be taken by roll call.
CLOSING ARGUMENTS
In the Matter of Helen Donohue, Docket No. 19-0005: Both parties made closing arguments. The Commission took the matter under advisement.
APPROVAL OF MEETING MINUTES
On the motion of Commissioner Edwards, seconded by Vice Chair Sartory, the Commission voted 5-0 to waive the reading and approve the public session minutes of the May 21, 2020 Commission meeting.
| Chair Krokidas | Yes |
| Vice Chair Sartory | Yes |
| Commissioner Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson reported that most Commission employees are still working safely from home and the Commission office is still closed to visitors. He noted that several employees have been coming into the office to perform duties that they are unable to at home. Since office occupancy is being limited to 25% of normal occupancy, or 6 persons, Mr. Wilson continues to encourage Commission employees to work from home as he remains cautious about a potential reopening.
Mr. Wilson said he had received recommendations from an advisory committee of Commission employees regarding a plan for the eventual reopening of the office under workplace safety standards which will reduce the risk of COVID-19 transmission to employees and visitors. Mr. Wilson reported that Chief Financial Officer Alice Wu had managed to acquire a sufficient stock of masks, gloves, hand sanitizer, sanitizing wipes, and other cleaning products for the office.
Mr. Wilson said there will be a mandatory implicit bias training for Commission employees conducted virtually by the Boston Law Collaborative on June 29, 2020 at 2:00 p.m.
Ombudsman
Mr. Wilson noted that June 30, 2020 would be the last day of the current fiscal year. He explained that, immediately prior to the commencement of the new fiscal year, the Commission staff elects a Commission employee to serve as the Commission’s Ombudsman for the new fiscal year. Mr. Wilson thanked Staff Counsel Norah Mallam for serving as the Ombudsman for the current fiscal year, as well as Government Affairs Officer Robert Milt and Public Information Officer Gerry Tuoti for coordinating the election of the new Ombudsman for Fiscal Year 2021.
Budget
At Mr. Wilson’s request, Mr. Milt provided an update on the Fiscal Year 2021 budget process amid the current public health crisis. Mr. Milt said that the state will likely begin the new fiscal year without an annual budget as officials are currently waiting for more clarity on substantial revenue losses and the possibility of federal relief. Mr. Milt said that he expects the Governor will sign a $5 billion interim budget to fund government operations at Fiscal Year 2020 levels to cover the month of July. He added that, while he does not know how this will affect the Commission in the long run for the next fiscal year, the Commission will continue to receive its current level of funding through July.
Audit
Mr. Wilson reported that the State Auditor’s Office has concluded its audit of the Commission and issued its final report. He said the audit found that the Commission ensures that elected state and county officials meet the education and training requirements created by the 2009 ethics reform law. Mr. Wilson thanked Public Education and Communications Division Chief David Giannotti and Legal Division Chief Eve Slattery for their work in assisting the auditors.
Ongoing Projects
Mr. Wilson discussed ongoing projects to replace the Commission’s case management system, to replace the Commission’s conflict of interest law online training program, and to move the Commission’s computer servers to a new server room. Mr. Wilson stated the Commission received funding from EOTSS for Fiscal Year 2020 to retain a consultant with expertise in electronic learning and learning management systems to help define functional and technical requirements for the conflict of interest law online training replacement project with the goal of issuing an RFQ in the next fiscal year. Led by Public Information Officer Gerry Tuoti, the project team has selected a consultant and is currently negotiating the scope of work.
Public Education and Communications Division Chief David Giannotti and Information Technology Specialist Tony Webb are continuing to work with EOTSS on the relocation of the Commission’s network servers from the Commission’s office to a more secure server room EOTSS operates in the building.
Next Meeting
Following discussion, the Commission scheduled its next meetings for July 30, 2020 at 9:30 a.m.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
Public Information Officer Gerry Tuoti presented the monthly Public Education and Communications Division Report in the absence of Public Education and Communications Division Chief David Giannotti.
Mr. Tuoti reported that, while the Division has received less calls than before the COVID-19 pandemic, the number of calls has slightly increased this month. Mr. Tuoti also stated that an announcement about restrictions on gifts to public employees has been posted on the Commission website.
Mr. Tuoti provided an update on the conflict of interest law education requirements for public employees for the current compliance period. He explained that the Commission is required to provide the summary of the conflict of interest law to all the elected state and county officials and to collect from them an acknowledgment that they received the summary. Mr. Tuoti reported that nearly all acknowledgements have been received by the Commission with only two acknowledgements remaining.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Ms. Slattery said that the volume of calls for advice has decreased compared to last year, likely due to the restrictions resulting from COVID-19, but there was an increase for requests for advice in June over May. There were no questions from the Commission.
Legal Division Metrics for May 2020
Ms. Slattery presented the following Legal Division metrics for May 2020.
- Written advice. The Legal Division answered by letter or email 78 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 51 pertained to SFIs.
| May 2019 (same month last year): | 10 |
| April 2020 (previous month) (total/SFI): | 51/22 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 518 requests for advice from state, county, and municipal officials. Of these requests, 279 pertained to SFIs.
| May 2019 (same month last year): | 612 |
| April 2020 (previous month) (total/SFI): | 275/108 |
- 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 2019 (same month last year): | 4 |
| April 2020 (previous month): | 2 |
- Backlog. As of June 17, 2020, the Division had 2 pending requests for written advice that is more than 30 days old. There was a total of 10 pending requests for written advice.
SFI Summary
Legal Division Deputy Chief/SFI Lauren Duca provided an update on the CY 2019 Statements of Financial Interests (SFI) filing season. She said the SFI team sent e-mails and made phone calls to filers about the May 26, 2020 filing deadline for CY 2019 SFIs. They also worked with the SFI liaisons to have them follow-up with those individuals at their agency who had not yet filed to remind them to do so by the deadline.
Ms. Duca said that a revised statutory notice of lateness was sent automatically on May 27, 2020 by the SFI system to all non-filers with an e-mail address in the system. The grace period for those filers expired on June 5th. Ms. Duca said there are currently 17 individuals, all of whom are former public employees, who have not yet filed. She added that the SFI Team will continue to try to contact those individuals to get them filed.
Ms. Duca said the SFI team has completed their review and testing of the new enhancement to the SFI system provided as part of the enhancement hours available to the Commission under its existing support and maintenance contract with the vendor. She explained that this new functionality now allows the SFI team to remove an open and uncompleted SFI in the system when it is opened in error.
Litigation Matters
Ms. Slattery provided an update on [Doe] v. State Ethics Commission, Berkshire Superior Court Civil Action No. 1976CV00286. Ms. Slattery reported that, due to the Supreme Judicial Court’s orders regarding court filings due to COVID-19, an Answer, which was previously due on June 22, 2020, was now on due July 20, 2020. There were no questions from the Commission.
Adjudicatory Matters: Assignment of Presiding Officers
In the Matter of Jeffrey Fournier, Docket No. 20-0002: An Order to Show Cause was filed June 23, 2020. Chair Krokidas was assigned as presiding officer. Assistant General Counsel Ting Chiu will serve as legal advisor.
In the Matter of Susan Anderson, Docket No. 20-0003: An Order to Show Cause was filed June 24, 2020. Commissioner Kantrowitz was assigned as presiding officer. Legal Division Deputy Chief/SFI Lauren Duca will serve as legal advisor.
In the Matter of Joseph D. Early, Jr., Docket No. 20-0004: An Order to Show Cause was filed June 24, 2020. Commissioner Kantrowitz was assigned as presiding officer. Ms. Duca will serve as legal advisor.
In the Matter of Richard McKeon, Docket No. 20-0005: An Order to Show Cause was filed June 24, 2020. Commissioner Kantrowitz was assigned as presiding officer. Ms. Duca will serve as legal advisor.
In the Matter of Jeffrey Travers, Docket No. 20-0006: An Order to Show Cause was filed June 24, 2020. Commissioner Kantrowitz was assigned as presiding officer. Ms. Duca will serve as legal advisor.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics.
Ms. Brookman said the Division is continuing to reduce the intake backlog despite the team being short staffed, particularly with the assistance of contract Special Investigators Paul Murray and Katelyn Farago. She explained that, as the Division is currently focusing on the backlog, they expect to prepare a higher number of preliminary inquiry recommendations for review by the Commission in the coming months. She noted that, in addition to the four recommendations to be discussed during the Commission meeting, there are at least five additional complaints that are over nine months old that have been identified as matters that may be reviewed in the preliminary inquiry stage.
Ms. Brookman said the Division is beginning to conduct remote sworn interviews via the Zoom platform this month in accordance with the Supreme Judicial Court Standing Orders.
EXECUTIVE SESSION
At 11:03 a.m., on the motion of Commissioner 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 Sartory | Yes |
| Commissioner Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
Chair Krokidas stated that the Commission would not reconvene in public session following the executive session.
The meeting recessed at 11:05 a.m. and reconvened at 11:11 a.m.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of June 25, 2020
- Minutes of the State Ethics Commission Meeting of May 21, 2020 Public Session
- Memorandum dated June 18, 2020 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 17, 2020 from General Counsel/Legal Division Chief Eve Slattery to the Commission setting forth Legal Division matters for the meeting
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Program Coordinator