PUBLIC SESSION
MEETING CONVENED
Vice Chair Josefina Martinez called the meeting to order at 9:30 a.m. Also in attendance were Commissioner Wilbur P. Edwards, Jr., Commissioner Eron Hackshaw, and Commissioner Thomas A. Connors. Commissioner Hackshaw participated remotely. Chair Margot Botsford did not attend.
REMOTE PARTICIPATION
Vice Chair Martinez announced that the meeting would take place in-person with remote access provided to the public pursuant to the law signed by Governor Healey on March 29, 2023. Vice Chair Martinez noted that all votes at the meeting would be taken by roll call.
APPROVAL OF MEETING MINUTES
On the motion of Vice Chair Martinez, seconded by Commissioner Edwards, the Commission voted 4-0 to waive the reading and approve the public session minutes of the February 15, 2024 Commission meeting.
| Vice Chair Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Commissioner Connors | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson reported that the first-round interviews for the open Government Affairs Officer position were being scheduled for the following week. He noted that the Commission had received applications from very qualified candidates for the position and said that he hoped to provide an update at the April Commission meeting.
Budget
Mr. Wilson provided an update on the Fiscal Year 2025 budget process. He reported that he provided testimony before the Senate and House Joint Committee on Ways and Means at a hearing at Worcester State University on March 19, 2024 in support of the Commission’s Fiscal Year 2025 budget request. Mr. Wilson noted that Chief Financial Officer Alice Wu and Senior Public Information Officer Gerry Tuoti, who assisted him to prepare and submit his written testimony to the Joint Committee on Ways and Means, also attended the hearing.
Mr. Wilson reported that the Governor’s Office released the Governor’s Fiscal Year 2025 budget recommendation on January 24, 2024. He explained that the Governor’s budget recommendation includes $3,634,121 in funding for the Commission, about a $149,090 increase over Fiscal Year 2024, but still approximately $308,000 less than the Commission’s full budget request. Mr. Wilson reported that he and Ms. Wu submitted the Commission’s Fiscal Year 2025 maintenance and expansion budget request for $3,942,219 to the House and Senate Committees on Ways and Means on January 29, 2024. He explained that the expansion request seeks funding for a new Commission paid internship program, additional branched content for the Commission’s online conflict of interest law training program, and a new Public Education and Communications Division staff position to provide technical assistance for the online learning management system, the legacy SFI system, and new legal case management system being launched in June. He said that the House Committee on Ways and Means will review the Governor’s budget recommendation and release its own recommendations for deliberation by the House in April.
New Commissioner
Mr. Wilson stated that there is nothing new to report regarding the appointment of a new commissioner to succeed Vice Chair Martinez.
Mail Bag
Mr. Wilson reported that he recently received a letter from a member of the public, commending Special Investigator Scott Cole for his professionalism and punctuality in providing assistance in connection with a possible complaint.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for April 25, 2024 at 9:30 a.m. Following discussion, the Commission scheduled its subsequent meeting for May 23, 2024 at 9:30 a.m.
ENFORCEMENT COMMITTEE UPDATE
Commissioner Edwards reported that the Commission’s Enforcement Committee, of which he is the Chair, met on March 14, 2024 to discuss the letter from Common Cause Massachusetts Executive Director Geoff Foster addressed to the Commission Chair Botsford about disposition agreements and public education letters issued by the Commission over the past five years. Mr. Wilson said that the Commission staff will continue to consider the issues that were raised in the Common Cause letter and may make recommendations on penalties imposed by the Commission in the future.
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 February 2024.
Mr. Giannotti thanked Mr. Tuoti for issuing the Fiscal Year 2023 Annual Report, which is now available on the Commission website. He reported that Mr. Tuoti issued two press releases in February.
Mr. Giannotti reported that he conducted one public education seminar in February attended by 43 public employees.
Mr. Giannotti reported that the Division responded to 386 telephone and e-mail inquiries regarding the online learning platform in February, an average of about 18 inquiries a day and a significant decrease from the 788 inquiries reported last month. He further reported that, as a result, the average number of monthly telephone and e-mail inquiries over the past five months decreased to approximately 390.
Mr. Giannotti noted that the Commission is the keeper of the education requirements compliance records for elected state and county officials and that Senior Program Coordinator Arthur Xia has been responding to inquiries from elected state and county officials about the requirements. He reported that 238 elected state and county officials have already complied with the conflict of interest law education requirements for this year. Mr. Giannotti thanked House Counsel and Senate Counsel for their assistance to ensure that the Legislature achieves full compliance.
Mr. Giannotti said that Mr. Tuoti distributed a survey to local administrators to assess the need for additional translations of the online conflict of interest law training, and Haitian Creole was selected as the most frequently requested translation by a wide margin. He reported that Mr. Tuoti is working with the vendor, SkillBurst Interactive, on a statement of work for the addition of closed captioning in Haitian Creole. Vice Chair Martinez asked how much the Haitian Creole translations would cost and when the translations would be completed. Mr. Giannotti explained that the total cost is approximately $25,000, specifically $15,000 for the translation of the conflict of interest law training and $9,500 for the translation of the summaries of the conflict of interest law. He further explained that the Haitian Creole translations would be completed by the end of the fiscal year. Mr. Giannotti reported that French and Vietnamese are the next most frequently requested translations, so the Commission may review whether the closed captioning can be completed in those languages in the future.
Mr. Giannotti provided an update on the replacement of the Commission’s legacy case management system, Ethos. He reported that he and Information Technology Specialist Tony Webb are working with the vendor, Arbola, and the Executive Office of Technology Services and Security on the data migration process. Mr. Giannotti explained that the vendor will map the information into data tables and build modules that will reflect the business workflows of the Commission. He noted that User Acceptance Testing will soon begin, which will require Commission staff to test and verify whether the modules meet the needs of the Commission. Mr. Giannotti noted that the launch of the new application for the Commission is scheduled for the end of the fiscal year.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for February 2024
Ms. Slattery presented the following Legal Division metrics for February 2024.
- Written advice. The Legal Division answered by letter or e-mail 69 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 30 pertained to SFIs.
| February 2023 (same month prior year) (total/SFI): | 60/10 |
| January 2024 (previous month) (total/SFI): | 49/13 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 410 requests for advice from state, county, and municipal officials. Of these requests, 18 pertained to SFIs.
| February 2023 (same month prior year) (total/SFI): | 432/44 |
| January 2024 (previous month) (total/SFI): | 401/62 |
- Review of municipal letters. Division staff reviewed 2 letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| February 2023 (same month prior year): | 2 |
| January 2024 (previous month): | 0 |
- Backlog. As of March 14, 2024, the Division has 6 pending requests for written advice that is more than 30 days old. There are a total of 19 pending requests for written advice.
Adjudicatory Matters
Ms. Slattery presented the March/April calendar of conferences/hearings in pending Commission adjudicatory proceedings.
Litigation Matters
Ms. Slattery reported that there are no updates on pending litigation matters.
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on Statements of Financial Interests (SFI). Ms. Duca reported that, to date, 1,139 of the approximately 3,800 people have already filed their Calendar Year 2023 SFI. She further reported that the SFI Team responded to 118 phone and e-mail inquiries in February from filers seeking technical and legal assistance with their SFI filing. Ms. Duca stated that the SFI Team is working with its vendor to resolve the remaining minor technical issues with the SFI system that do not interfere with filing. She explained that the SFI Team is considering developing a policy regarding additional redactions to SFIs in situations involving the personal safety of a filer or their immediate family, such as victims of stalking or domestic violence. Commissioner Connors asked what specific information on the SFI form is redacted in the SFI system’s Public Inspection Module. Ms. Duca explained that personal contact information, such as home addresses, home phone numbers, and personal e-mail addresses, are redacted automatically by the SFI system.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics. Ms. Brookman reported that the Enforcement Division has continued to keep the number of cases in the complaint backlog low and said that she hopes to further reduce the backlog.
EXECUTIVE SESSION
At 10:05 a.m., on the motion of Vice Chair Martinez, seconded by Commissioner Edwards, 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 Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Commissioner Connors | Yes |
Vice Chair Martinez 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 21, 2024
- Minutes of the Commission Meeting of February 15, 2024 Public Session
- Letter dated February 1, 2024 from Common Cause Massachusetts Executive Director Geoff Foster to the Commission regarding disposition agreements and public education letters
- Memorandum dated March 14, 2024 from General Counsel/Legal Division Chief Eve Slattery to the Commission regarding History of Commission Powers of Rescission and Restitution
- Memorandum dated March 8, 2024 from Enforcement Division Chief Monica Brookman to the Commission regarding Disposition Agreement Civil Penalty Determination Framework
- Memorandum dated March 14, 2024 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in February 2024
- Memorandum dated March 14, 2024 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
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator