PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:31 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 all 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. Chair Krokidas stated that she, Vice Chair Kantrowitz, and Commissioners Martinez, Edwards, and Hackshaw were all 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 Chair Krokidas, seconded by Commissioner Edwards, the Commission voted 5-0 to waive the reading and approve the public session minutes of the February 17, 2022 and February 23, 2022 Commission meetings.
| 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, as COVID-19 conditions have improved, most Commission staff have resumed hybrid work schedules of two or more days per week of work in the office combined with remote work. He said that he expects the Commission office will formally reopen to the public by April 4, depending on the future course of the pandemic.
Budget
Mr. Wilson reported that he will provide testimony to the Joint Committee on Ways and Means at a virtual hearing on March 21 in support of the Commission’s Fiscal Year 2023 maintenance budget request for $2,954,468, which is approximately $288,000 more than the amount appropriated to the Commission for Fiscal Year 2022.
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 vendor, SkillBurst Interactive, delivered the draft script for all remaining content sections of the course for review by Commission staff in late February. He said that the vendor also delivered a preview of a section of developed, interactive course content with recorded narration, visuals, and interactive elements. Mr. Tuoti noted that the fully developed English version of the course is on track to be delivered in June, with the Spanish, Portuguese, and Chinese versions being completed approximately six weeks later. Vice Chair Kantrowitz asked when will the new online training program be available to members of the public. Mr. Tuoti said that he expects that the new online training program will be released this fall ahead of the upcoming compliance period.
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 reminded the Commission that two vendors had provided responses to the Legal Case Management System consortium’s RFQ. He reported that the two bidders were invited to demonstrate their products to the Strategic Sourcing Team and EOTSS on March 15 and 16. Mr. Milt noted that the Strategic Sourcing Team will evaluate the bids based on 130 functional and technical requirements along with other requirements related to cloud computing and security on March 18. Mr. Wilson thanked the Commission staff who participated in the vendor demonstrations and said that he hopes the new case management system will be available by next year. Chair Krokidas asked whether Commission staff will perform data migration of the legacy case management system. Mr. Wilson explained that the vendor will perform data migration after they configure the new case management system to meet the needs of the Commission.
Mr. Wilson thanked Mr. Tuoti and Mr. Milt for their leadership and diligence in managing the two projects.
Next Meeting
Mr. Wilson reminded the Commission that the Enforcement Committee is scheduled to meet on March 22, 2022 at 10:00 a.m. Following discussion, the Commission scheduled its next monthly meetings for April 19, 2022 at 9:30 a.m. and May 31, 2022 at 9:30 a.m.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
In the absence of Public Education and Communications Division Chief David Giannotti, Public Information Officer Gerry Tuoti presented the memorandum detailing Public Education and Communications Division activities for the month of February 2022.
Mr. Tuoti reported that Mr. Giannotti conducted three remote public education seminars in February attended by 111 public employees.
Mr. Tuoti updated the Commission on efforts to collect acknowledgments from elected state and county officials concerning conflict of interest law education requirements. He explained that all public employees, including elected state and county officials, are required to comply with the education requirement in 2022 by acknowledging receipt of the summary of the conflict of interest law within 30 days of receipt. Program Coordinator Xia notified all state and county agencies, municipalities and independent municipal agencies, charter schools, and regional school districts and educational collaboratives on January 18, 2022 concerning the education requirements and also notified all 325 elected state and county officials. To date, 320 summary acknowledgements have been collected from elected state and county officials.
Mr. Tuoti reported that all members of the Legislature have fully complied with the training requirements. He thanked House and Senate Counsel for their assistance to ensure that the Legislature met full compliance.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for February 2022
Ms. Slattery presented the following Legal Division metrics for February 2022.
- Written advice. The Legal Division answered by letter or e-mail 37 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 6 pertained to SFIs.
| February 2021 (same month prior year) (total/SFI): | 45/13 |
| January 2022 (previous month) (total/SFI): | 63/19 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 349 requests for advice from state, county, and municipal officials. Of these requests, 28 pertained to SFIs.
| February 2021 (same month prior year) (total/SFI): | 403/45 |
| January 2022 (previous month) (total/SFI): | 404/97 |
- Review of municipal letters. Division staff reviewed no letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| February 2021 (same month prior year): | 1 |
| January 2022 (previous month): | 0 |
- Backlog. As of March 10, 2022, the Division has 9 pending requests for written advice that are more than 30 days old. There is a total of 30 pending requests for written advice.
SFI Summary
Legal Division Deputy Chief/SFI Lauren Duca provided an update on the Calendar Year (CY) 2021 Statement of Financial Interests (SFI) filing season. Ms. Duca said that the SFI Team worked with the vendor to quickly resolve two technical issues with the SFI system. She reported that 943 out of approximately 3,700 people have already filed their CY 2021 SFIs.
Adjudicatory Matters
Ms. Slattery presented the March/April calendar of hearing dates and pre-hearing conferences in pending Commission adjudicatory proceedings.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in Comtois v. State Ethics Commission, Appeals Court Docket No. 2021-P-1151, Mr. Comtois submitted his brief on March 14, 2022, and the Commission’s brief is due on April 13, 2022. Ms. Slattery reminded the Commission that Mr. Comtois filed an application with the SJC for Direct Appellate Review on January 10, 2022, and the SJC has yet to rule on the application.
Ms. Slattery reported that, in Fournier v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2184CV2474B, Mr. Fournier served on the Commission a Motion for Judgment on the Pleadings on March 8, 2022, and the Commission’s opposition is due on April 7, 2022.
Commission Projects
Ms. Slattery provided an update on projects discussed at prior Commission meetings. Chair Krokidas asked whether there were any updates in the ongoing advocacy in support of full regulatory authority for the Commission. Mr. Milt explained that the bill filed by Senate Minority Leader Bruce E. Tarr has been assigned to Joint Committee on State Administration and Regulatory Oversight for study. Chair Krokidas said that the Commission should regroup with the Legislature to ensure that the bill is reintroduced at the next legislative session.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics.
Ms. Brookman welcomed back Assistant Enforcement Counsel Victoria Giuliano, who returned to work on March 14. She reported that the Enforcement Division reduced the overall number of complaints in intake in February. Ms. Brookman said that she expects the Division will be able to further reduce the backlog of cases when Special Investigator Paul Murray returns to work in May.
EXECUTIVE SESSION
At 10:10 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.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of March 17, 2022
- Minutes of the Commission Meeting of February 17, 2022 Public Session
- Minutes of the Commission Meeting of February 23, 2022 Public Session
- Memorandum dated March 10, 2022 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in February 2022
- Memorandum dated March 10, 2022 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 dated March 8, 2022 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