PUBLIC SESSION
MEETING CONVENED
Vice Chair R. Marc Kantrowitz called the meeting to order at 9:32 a.m. Also in attendance were Commissioner Josefina Martinez, Commissioner Wilbur P. Edwards, Jr., and Commissioner Eron Hackshaw.
REMOTE PARTICIPATION
Vice Chair Kantrowitz announced that the meeting would take place in-person with remote access provided to the public pursuant to the law signed by Governor Baker on July 16, 2022 extending certain COVID-19 measures adopted during the state of emergency. Vice Chair Kantrowitz 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 4-0 to waive the reading and approve the public session minutes of the January 26, 2023 Commission meeting.
| 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 Secretary of the Commonwealth recently appointed the Honorable Thomas A. Connors (ret.) to the Commission to succeed Vice Chair Kantrowitz later this month. He stated that Judge Connors was appointed to the Massachusetts District Court and the Massachusetts Superior Court as an associate justice before he retired in 2020.
Mr. Wilson thanked Vice Chair Kantrowitz for his willingness to serve as a Commissioner on a holdover basis for months beyond his term’s expiration. He noted that he has been in contact with the Governor’s Office about the appointment of a new commissioner to succeed Chair Krokidas.
Budget
Mr. Wilson reported that the Governor’s Office is expected to file its Fiscal Year 2024 budget recommendation today. He said that he will provide a budget update at the next Commission meeting.
Ongoing Projects
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 more than 49,000 state, county, and municipal employees have registered for the new online learning platform, and approximately 72,000 completion certificates have been issued since its launch on January 12, 2023. He explained that, in 2023, public employees are required to complete both the online training program and acknowledge their receipt of the summary of the conflict of interest law. Mr. Tuoti said that the Public Education and Communications Division worked with the vendor, SkillBurst Interactive, to resolve technical issues due to the high volume of public employees using the system simultaneously. He explained that the vendor worked with a consultant specializing in the Microsoft Azure cloud computing platform to successfully identify and mitigate this issue. Mr. Tuoti said that the number of inquiries regarding the new system has decreased significantly since a system update was implemented on January 31, 2023, but remains high. He said the Public Education and Communications Division will continue to work to improve instructions that address frequently asked questions. Mr. Tuoti noted that the overall feedback from users about the content of the new online training program has been mostly positive, particularly the job-specific content branches of the program and the availability of the program in different languages. Commissioner Edwards asked whether the Commission has received any feedback about the Spanish, Portuguese, and Chinese translations of the new training program. Mr. Tuoti said that he has received positive feedback about the availability of translations from several local administrators who work with public employees who require closed captioning to complete the training. Vice Chair Kantrowitz asked if the Commission could be provided with the number of users who require the closed caption translations to complete the training, and Mr. Tuoti stated that he would request the information from the vendor.
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 Commission recently responded to Legal Case Management System (LCMS) project vendor Arbola’s scoping questionnaire which will help inform the project’s core set of functions that each agency will configure to meet their unique needs for their own version of the case management system. He said that staff representing each of the Commission’s Divisions will meet tomorrow with Arbola to demonstrate the various deficiencies of the legacy case management system and to discuss functional requirements. Mr. Milt said that, in the coming week, Arbola will review the existing system, which will help inform the data migration process. He noted that, after this first phase of the project, there will be a new implementation services contract that will be signed by EOTSS on behalf of the LCMS project consortium.
Mr. Wilson thanked the Commission staff who are participating in upcoming meetings with the vendor.
New Administration Training
Mr. Wilson reported that he and Ms. Slattery visited the Governor’s Office on February 3, 2023, and made a presentation to members of the new administration about the ethics laws and the Commission. He expressed his appreciation for the Governor’s interest in the conflict of interest and financial disclosure laws and the work of the Commission.
Next Meeting
Following discussion, the Commission scheduled its next meeting for March 23, 2023 at 9:30 a.m.
ELECTION OF VICE CHAIR
On the motion of Vice Chair Kantrowitz, seconded by Commissioner Hackshaw, the Commission voted 4-0 to elect Commissioner Martinez as Vice Chair.
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
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 January 2023.
Mr. Giannotti reported that he conducted three public education seminars in January attended by 123 public employees. He noted that he conducts public education seminars for vendors and consultants in connection with the Massachusetts School Building Authority certification program offered by the Inspector General’s Office. Mr. Giannotti explained that the seminars provide conflict of interest law information to vendors and consultants who become public employees in connection with public agency contracts, including the education requirements. He noted that he is increasing outreach to public agencies about administering the education requirements for vendors and consultants and to businesses who contract with public agencies. Mr. Giannotti stated that he will participate in a training program involving the Massachusetts School Building Authority, the Office of the Inspector General, and the Massachusetts Higher Education Consortium for public building project furniture, fixtures, and equipment subconsultants who are ordinarily not public employees in connection with public building projects.
Mr. Giannotti reported that he has been invited by Senate Counsel to conduct a series of seminars for Senate members and staff starting next month.
Mr. Giannotti reported that the Public Education and Communications Division responded to 1,172 phone and e-mail inquiries regarding the new online learning platform since its launch on January 12, 2023. He thanked Mr. Tuoti and Senior Program Coordinator Arthur Xia for their hard work to handle calls and e-mails in a timely manner and remain current with their other duties.
Mr. Giannotti noted that the Division will work with the online training and learning platform vendor, SkillBurst Interactive, to schedule a live training session in March for local administrators, and he has been approached by the Massachusetts Town Clerks Association about coordinating the event.
Mr. Giannotti said that he can provide the files for the online training program and summaries of the conflict of interest law to public agencies who wish to host the program on their own learning management system or intranet site. He noted that eleven public agencies and one vendor entity have been provided with the program and summary files so far.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Ms. Slattery reported that there has been a recent increase in requests for advice, likely due to public employees completing the new online training program.
Legal Division Metrics for January 2023
Ms. Slattery presented the following Legal Division metrics for January 2023.
- Written advice. The Legal Division answered by letter or e-mail 56 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 10 pertained to SFIs.
| January 2022 (same month prior year) (total/SFI): | 63/19 |
| December 2022 (previous month) (total/SFI): | 43/1 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 454 requests for advice from state, county, and municipal officials. Of these requests, 89 pertained to SFIs.
| January 2022 (same month prior year) (total/SFI): | 404/97 |
| December 2022 (previous month) (total/SFI): | 307/32 |
- 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.
| January 2022 (same month prior year): | 0 |
| December 2022 (previous month): | 1 |
- Backlog. As of February 23, 2023, the Division has 3 pending requests for written advice that are more than 30 days old. There is a total of 28 pending requests for written advice.
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on the Calendar Year 2022 Statement of Financial Interests (SFI) filing season. Ms. Duca reported that the Calendar Year 2022 SFI filing season opened on February 1, 2023. She explained that every filer in the SFI system with a valid e-mail address was sent the user access notification on that date. Ms. Duca noted that, prior to the opening of the filing season, the SFI Team completed its review of the Calendar Year 2022 manual and electronic SFI forms and posted the manual form on the Commission’s website along with a notice about the opening of the filing season. She reported that, to date, 814 of the approximately 3,800 people have already filed their Calendar Year 2022 SFI. Ms. Duca said that the SFI Team has responded to phone and e-mail inquiries from filers seeking technical and legal assistance with their SFI filing.
Adjudicatory Matters
Ms. Slattery presented the March/April calendar of conferences/hearings in pending Commission adjudicatory proceedings.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in Donohue v. State Ethics Commission, Norfolk Superior Court Civil Action No. 2082CV00886, the Superior Court has noticed the parties to appear for a status conference on April 6, 2023. Ms. Slattery said that the Commission will file a motion to dismiss, which will be drafted by Staff Counsel Norah Mallam.
Ms. Slattery reported that, in Haley v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2284CV02661, Mr. Haley served on the Commission a Motion for Judgment on the Pleadings, and the Commission’s opposition is due on March 29, 2022.
Ms. Slattery reported that, in McKeon v. Executive Office of Public Safety et al., Worcester Superior Court Civil Action No. 2285CV01305 and Anderson v. Executive Office of Public Safety et al., Worcester Superior Court Civil Action No. 2285CV1299C, the Commission served on each Plaintiff a Motion to Dismiss the Amended Complaint and Memorandum of Law in support thereof on February 7, 2023, and oppositions are due by March 1, 2023.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics.
Ms. Brookman reported that the Enforcement Division has been successful in continuing to reduce the intake backlog, and that there are only 31 complaints in intake that are older than three months, compared to 210 complaints in intake backlog at the same time last year.
EXECUTIVE SESSION
At 10:07 a.m., on the motion of Vice Chair Kantrowitz, seconded by Commissioner Martinez, the Commission voted 4-0 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.
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
Vice Chair Kantrowitz 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 March 1, 2023
- Minutes of the Commission Meeting of January 26, 2026 Public Session
- Memorandum dated February 23, 2023 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in January 2023
- Memorandum dated February 23, 2023 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 of Law dated February 7, 2023 in Support of Motion to Dismiss Amended Complaint for Indemnification and Declaratory Judgment
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator