PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:37 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 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 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 Chair Krokidas, the Commission voted 5-0 to waive the reading and approve the public session minutes of the February 18, 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.
Mr. Wilson noted that the March meeting last year was cancelled due to the COVID-19 pandemic. He commended the Commission staff for their hard work and thanked the commissioners for their continued support.
Personnel
Mr. Wilson reported that the first-round interviews for the Assistant Agency Counsel position were completed, and the second-round interviews have been scheduled for this week. He said that he hopes to complete the hiring process by the end of March.
Budget
Mr. Wilson said that he would provide testimony to the Joint Committee on Ways and Means on March 26, 2021 in support of the Commission’s Fiscal Year 2022 maintenance budget request for $2,666,373, which is approximately $83,000 more than the Commission’s funding for Fiscal Year 2021. He thanked Government Affairs Officer Robert Milt and Chief Financial Officer Alice Wu for their work on the budget.
Ongoing Projects
At Mr. Wilson’s request, Public Information Officer Gerry Tuoti provided an update on the replacement of the Commission’s online conflict of interest law training program. Mr. Tuoti said that the Commission’s project team issued an RFQ on March 5, 2021 for the development of the new training program. Mr. Tuoti reported that the Commission had received questions from eight vendors and would soon post those questions and answers for all vendors to review as specified in the RFQ. Vendor responses to the RFQ would be due on March 29, 2021. He said that the project team hopes to select a vendor in April 2021 with work continuing into Fiscal Year 2022. Mr. Tuoti added that the Commission’s request for capital funding for Fiscal Year 2022 is pending.
At Mr. Wilson’s request, Mr. Milt provided an update on the replacement of the Commission’s legacy case management system, Ethos. Mr. Milt reported that the Commission’s project team would be hiring a consultant to help select a vendor and to oversee the long-term implementation of the new case management system. He said that the project team issued an RFQ in February 2021 and received responses from four vendors. Mr. Milt said that the project team has completed its vendor selection after interviews and reference calls and an apparent successful bidder notice was expected to be formally issued soon. He reported that an additional $500,000 in capital funding has been requested for Fiscal Year 2022.
Mr. Wilson said that since most of the Commission staff are working from home, they have been using their personal phones for work, which has caused concerns about privacy and security. He explained that the Commission is currently arranging for “flip phones” for staff to make calls without disclosing their personal phone numbers. Public Education and Communications Division Chief David Giannotti noted that since the flip phones will have Bluetooth capability, headsets could be provided with them. In response to Chair Krokidas’ question whether calls could be recorded, Mr. Wilson stated that Massachusetts law requires the consent of any individual whose voice is being recorded.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for April 15, 2021 at 9:30 a.m.
EXTENSION OF TIME FOR STAFF TO USE VACATION AND PERSONAL LEAVE
Mr. Wilson reminded the Commission that it had voted in October 2020 to extend the time for staff to take Calendar Year 2020 vacation and personal time to April 24, 2021. He said that the state Human Resources Division (HRD) has informed the Commission that it has extended the deadline to use personal and vacation time for Calendar Year 2020 from April 24, 2021 to December 31, 2021, and has also extended the “use or lose” deadlines for Calendar Years 2021 and 2022 to September 24, 2022 for Calendar Year 2021 and April 22, 2023 for Calendar Year 2022. He said that the Commission, as an independent agency, would be included in the extensions unless it notified HRD by March 19, 2021 that it wished to opt out of the extensions. Mr. Wilson stated that he recommends that the Commission not opt out of the extensions and vote to waive the “use or lose” deadlines of the Personnel Manual and approve the extensions.
On the motion of Chair Krokidas, seconded by Commissioner Martinez, the Commission voted 5-0 to waive the time limitations of the Commission’s Personnel Manual sections 5.9 and 5.18 for the use of personal and vacation time and approve the further extension of the deadline for staff to use personal and vacation time for Calendar Year 2020 from April 24, 2021 to December 31, 2021; and for Calendar Year 2021 to September 24, 2022; and for Calendar Year 2022 to April 22, 2023.
| Chair Krokidas | Yes |
| 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 February 2021.
Mr. Giannotti reported that Public Information Officer Gerry Tuoti issued a press release regarding the Charles Carroll matter during February 2021.
Mr. Giannotti said that he conducted seven 90-minute remote public education seminars during February 2021 attended by a total of 276 public employees.
Mr. Giannotti explained that all public employees are required to acknowledge receipt of a summary of the conflict of interest law and complete the online training program during the Calendar Year 2021 compliance period. Program Coordinator Arthur Xia notified all 327 elected state and county officials about the training requirements. Mr. Giannotti reported that 298 summary acknowledgements and 109 completion certificates have been submitted by elected state and county officials to the Commission. He noted that Mr. Xia is working with House and Senate Counsel to ensure that the Legislature meets full compliance.
Mr. Giannotti thanked Mr. Tuoti and Mr. Xia for assisting the Enforcement Division with processing complaint intake. He also thanked Information Technology Specialist Tony Webb for conducting the research on cell phones, acquiring new printers to replace the existing printers in the Commission office, and on possible solutions to install new workstations.
Chair Krokidas asked how the Commission receives calls from members of the public. Mr. Giannotti explained that he and Mr. Webb ensured that all office phones were provisioned to forward work calls directly to staff cell phones.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for February 2021
Ms. Slattery presented the following Legal Division metrics for February 2021.
- Written advice. The Legal Division answered by letter or e-mail 45 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 13 pertained to SFIs.
| February 2020 (same month prior year) (total/SFI): | 49/3 |
| January 2021 (previous month) (total/SFI): | 47/13 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 403 requests for advice from state, county, and municipal officials. Of these requests, 45 pertained to SFIs.
| February 2020 (same month prior year) (total/SFI): | 435/15 |
| January 2021 (previous month) (total/SFI): | 401/80 |
- 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.
| February 2020 (same month last year): | 2 |
| January 2021 (previous month): | 1 |
- Backlog. As of February 10, 2021, the Division has 5 pending requests for written advice that are more than 30 days old. There is a total of 13 pending requests for written advice.
SFI Summary
Legal Division Deputy Chief/SFI Lauren Duca provided an update on the Calendar Year (CY) 2020 Statement of Financial Interests (SFI) filing season. Ms. Duca said that the CY 2020 SFI filing season opened on February 10, 2021. She reported that 857 people have already filed with approximately 2,900 more that need to file. Ms. Duca said that the SFI Team is working with the vendor under the existing maintenance and support agreement on several issues with the SFI system. She said that, in April, the SFI Team will notify appointed public employees to remind them to file their CY 2020 SFI by May 3, 2021.
Adjudicatory Matters
Ms. Slattery presented the March/April calendar of conferences/hearings in pending Commission adjudicatory proceedings.
Litigation Matters
Ms. Slattery provided an update in litigation matters. She noted that there will be a motion hearing for the Stephen Comtois matter on April 27, 2021.
Vice Chair Kantrowitz asked whether the Commission has received a response from the Plaintiff in [Doe] v. State Ethics Commission, Berkshire Superior Court Civil Action No. 1976CV00286. Ms. Slattery said that the Commission is currently in contact with the Plaintiff, and Assistant Enforcement Counsel Victoria Giuliano is working to resolve the matter.
Vice Chair Kantrowitz asked whether the Commission has received the Motion for Judgment on the Pleadings from the Plaintiff in Donohue v. State Ethics Commission, Norfolk Superior Court Civil Action No. 2082CV00886. Ms. Slattery confirmed that the Commission had not received the Motion, and explained that the Commission may file a motion to dismiss at a future date.
Commission Projects
Ms. Slattery provided an update on projects discussed at prior Commission meetings.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics.
Ms. Brookman reported that the Enforcement Division received 85 complaints in February 2021, the most complaints received in a single month in over a year. She noted that the Division has been able to keep the complaint backlog relatively even, which she hopes will be further reduced when the Division is fully staffed. She thanked the Public Education and Communications Division for assisting the Enforcement Division with processing complaint intake. Commissioner Hackshaw asked if there was a particular trend that explains why the number of complaints received were so high. Ms. Brookman said that while the subjects of complaints varied, the Division has received a number related to the COVID-19 pandemic.
EXECUTIVE SESSION
At 10:20 a.m., on the motion of Chair Krokidas, seconded by Commissioner Edwards, 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 |
The meeting recessed at 10:21 a.m. and reconvened at 10:26 a.m.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of March 18, 2021
- Minutes of the Commission Meeting of February 18, 2021 Public Session
- Memorandum dated March 11, 2021 from Public Education and Communications Division Chief David Giannotti to the Commission concerning the Public Education and Communications Division activities in February 2021
- Memorandum dated March 8, 2021 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 11, 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