PUBLIC SESSION
MEETING CONVENED
Committee Chair and Commission Vice Chair R. Marc Kantrowitz called the meeting to order at 10:01 a.m. Also in attendance was Committee member and Commission Executive Director David A. Wilson. Committee Chair Kantrowitz and Mr. Wilson participated remotely. Committee member and Commission Chair Maria J. Krokidas was not in attendance.
REMOTE PARTICIPATION
Committee Chair Kantrowitz 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. He stated that members of the public had been invited to watch and listen to the public session via Zoom Webinar. Committee Chair Kantrowitz noted that all votes at the meeting would be taken by roll call.
APPROVAL OF MEETING MINUTES
On the motion of Committee Chair Kantrowitz, seconded by Committee member Wilson, the Committee voted 2-0 to waive the reading and approve the public session minutes of the March 29, 2021 Committee meeting.
| Committee Chair Kantrowitz | Yes |
| Committee Member Wilson | Yes |
DISCUSSION
Pro Bono Counsel/Mediation Policy
At Committee member Wilson’s request, General Counsel/Legal Division Chief Eve Slattery presented her memorandum on a potential Commission mediation policy. Ms. Slattery reported that the Legal Division met with Commissioner Hackshaw to discuss how mediation could be conducted before creating a new policy. She said that the memorandum comprises a summary of the parameters of adjudicatory proceedings, the history of mediation at the Commission, and draft components of a potential mediation policy. Ms. Slattery thanked Staff Counsel Norah Mallam for her assistance in preparing the memorandum.
Committee Chair Kantrowitz said that he did not want to make any substantial decisions on a potential mediation policy without Committee member Krokidas in attendance at the meeting. He said that presiding officers should determine whether mediation would be appropriate based on feedback solicited from the parties during adjudicatory proceedings. He also stated that both parties should agree to mediation before proceeding and that mediation should never be required.
Mr. Wilson said that the Commission should consider the specific types of cases that would benefit from mediation. Commissioner Hackshaw stated that mediation may not be appropriate for cases in which there are allegations of egregious violations of the conflict of interest law. He said that mediators must disclose to the parties the role that they will play to encourage and facilitate resolving a case. Commissioner Hackshaw noted that the Commission would need to obtain informed consent from the parties to ensure that they have full knowledge about the risks and benefits of mediation.
Enforcement Division Chief Monica Brookman said that mediation should only be offered after an Order to Show Cause is issued and that the Enforcement Division does successfully negotiate disposition agreements in most cases. Commissioner Hackshaw said that the parties currently think it may not be in their best interest to speak their minds during adjudicatory proceedings. He explained that a mediation policy would help to ensure that both parties have the opportunity to be heard fairly by an independent third party. Ms. Brookman said that mediation would likely not result in additional resolutions, as the individuals that do not want to enter into settlement discussions with the Enforcement Division have already expressed that they do not want to admit to a violation of a law, a requirement of a settlement. She added that a pro bono program would be more likely to be able to address the Commission’s concerns.
Committee Chair Kantrowitz asked whether former Commissioners could serve as mediators on a pro bono basis. Ms. Slattery explained that skilled mediators require a minimum of 30 hours of mediation training.
Mr. Wilson said that the Legal Division and the Enforcement Division should meet to discuss the draft components of a mediation policy. He said that the Commission should also consider what authority should be delegated to the Enforcement Division during mediation.
Committee Chair Kantrowitz said that he and Ms. Slattery should meet to draft a mediation policy to present to the Executive Director and the Enforcement Division. Mr. Wilson stated that the Legal Division and the Enforcement Division should meet first to discuss a draft policy rather than the Committee Chair working privately with the General Counsel. Committee Chair Kantrowitz said that if the Enforcement Division can provide their feedback on a draft policy, then respondents should have the same opportunity. Mr. Wilson explained that the Legal Division must create the draft policy with the Enforcement Division as they are equal partners in the development process. He noted that when the Commission has preliminarily approved a new draft policy, the Commission can subsequently seek public comment on the draft. Mr. Wilson stated that the draft policy would be presented to and voted on by the Legal Committee before presenting it to the full Commission.
Committee Chair Kantrowitz asked whether the discussion of the draft policy by the Legal Division and Enforcement Division would need to occur in public session. Ms. Slattery said that only when a draft policy is created, any discussions about the newly created draft must take place in public session by the Legal Committee since it would be a public document. She added that both divisions will carefully consider the due process of respondents in preparing a draft policy.
Committee Chair Kantrowitz asked how long would it take to draft the mediation policy for review by the Legal Committee. Ms. Slattery said that a draft mediation policy could be developed within the next couple months. She added that she will be away on vacation later this month.
Mr. Wilson reminded the Commission that a training program on LGBTQ+ issues would take place on June 8, 2021 at 10:00 a.m. to help ensure that the agency is a welcoming place for the LGBTQ+ staff and members of the public having dealings with the Commission.
ADJOURN MEETING
At 10:40 a.m., on the motion of Committee Chair Kantrowitz, seconded by Committee member Wilson, the Committee voted 2-0 to adjourn.
| Committee Chair Kantrowitz | Yes |
| Committee Member Wilson | Yes |
Respectfully submitted,
Arthur Xia
Program Coordinator