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.
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 Baker on July 16, 2022 extending certain COVID-19 measures adopted during the state of emergency. Vice Chair Martinez noted that all votes at the meeting would be taken by roll call.
Vice Chair Martinez welcomed new Commissioner Connors. Commissioner Connors thanked the Commission staff for their work to compile his onboarding resources.
APPROVAL OF MEETING MINUTES
On the motion of Vice Chair Martinez, seconded by Commissioner Edwards, the Commission voted 3-0 to waive the reading and approve the public session minutes of the March 1, 2023 Commission meeting.
| Vice Chair Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Absent |
| Commissioner Connors | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson welcomed Commissioner Connors.
Mr. Wilson reported that the requirement to wear masks in common areas of the Commission office ended on March 13, 2023. He stated that the Commission staff was overwhelmingly in favor of ending the Commission mask requirement. Mr. Wilson noted that the wearing of masks in the common areas of the office will now be optional and that individual staff may require masks to be worn in their own offices and workstations.
Budget
Mr. Wilson reported that the Governor’s Office released its Fiscal Year 2024 budget recommendation on March 1, 2023. He explained that the Governor’s budget recommendation includes $3,352,203 in funding for the Commission, about a $400,000 increase over Fiscal Year 2023, but still approximately $150,000 less than the Commission’s full budget request. Mr. Wilson said that, on April 4, 2023, he will provide testimony to the Joint Committee on Ways and Means in Springfield in support of the Commission’s Fiscal Year 2024 budget request.
At Mr. Wilson’s request, Government Affairs Officer Robert Milt provided further details on the budget and budget process. Mr. Milt explained that the Commission’s Fiscal Year 2024 budget request seeks funding for annualized costs, such as salaries, and additional costs associated with the new online training program and learning platform and the new legal case management system. 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.
Ongoing Projects
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 staff met with the vendor Arbola to demonstrate the gaps and deficiencies of the legacy case management system and to discuss functional requirements. He said that Arbola will examine the file structure of the existing system this week to help inform the data migration process. Mr. Wilson thanked the Commission staff who have been participating in meetings with the vendor.
Next Meeting
Following discussion, the Commission scheduled its next meeting for April 18, 2023 at 9:30 a.m., May 18, 2023 at 9:30 a.m., and June 22, 2023 at 9:30 a.m.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
In the absence of Public Education and Communications Division Chief David Giannotti, Mr. Tuoti presented Mr. Giannotti’s memorandum detailing Public Education and Communications Division activities for the month of February 2023 and provided an overview of the Division’s core functions and responsibilities.
Mr. Tuoti reported that, while there were no press releases issued in February, a press release concerning the Appeals Court’s decision in the Comtois matter was issued earlier in the week.
Mr. Tuoti reported that Mr. Giannotti conducted three public education seminars in February attended by 108 public employees. He thanked Assistant General Counsel Mike McDonald for participating in a panel discussion for new legislative staff at the Legislative Staff Academy hosted by the Moakley Center for Public Management at Suffolk University.
Mr. Tuoti reported that more than 70,000 state, county, and municipal employees have registered for the new online learning platform, and approximately 110,000 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 number of inquiries regarding the new system has decreased significantly since the launch but remains high, so the Public Education and Communications Division will continue to work to improve instructions that address frequently asked questions.
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 February 2023
Ms. Slattery presented the following Legal Division metrics for February 2023.
- Written advice. The Legal Division answered by letter or e-mail 60 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 10 pertained to SFIs.
| February 2022 (same month prior year) (total/SFI): | 37/6 |
| January 2023 (previous month) (total/SFI): | 56/10 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 432 requests for advice from state, county, and municipal officials. Of these requests, 44 pertained to SFIs.
| February 2022 (same month prior year) (total/SFI): | 349/28 |
| January 2023 (previous month) (total/SFI): | 454/89 |
- 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 2022 (same month prior year): | 0 |
| January 2023 (previous month): | 1 |
- Backlog. As of March 16, 2023, 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 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 stated that the Calendar Year 2022 SFI filing season opened on February 1, 2023. She reported that, to date, 1,059 of the approximately 3,800 people who need to do so have already filed their Calendar Year 2022 SFI. Ms. Duca noted that the filing deadline for appointed public employees is May 1, 2023, and the filing deadline for elected public officials is May 30, 2023. She said that the SFI Team worked with the vendor to resolve some minor technical issues with the SFI system that did not impact filers.
Mr. Wilson reported that the Commission recently hired a new Special Assistant for Administration and SFI, who will join the Commission staff on April 18, 2023, to assist in administering the SFI program and to provide administrative support to the Executive Director.
Adjudicatory Matters
Ms. Slattery presented the March/April calendar of conferences/hearings in pending Commission adjudicatory proceedings. She reported that, in March, she made presentations to the MCLE Municipal Law Conference and the Governor’s staff about the conflict of interest law. Ms. Slattery reported that Assistant General Counsel Ting Chiu recently provided conflict of interest training for the new Receptionist, and Ms. Duca provided ethics training to Department of Transitional Assistance employees who work with nonprofit organizations and will make a presentation on the conflict of interest law and financial disclosure law as part of the Judicial Ethics Program for new judges on April 4, 2023.
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 Comtois v. State Ethics Commission, Appeals Court Docket No. 2021-P-1151, the Appeals Court recently affirmed a Superior Court judgment upholding the Commission’s decision that Comtois violated the conflict of interest law. Ms. Slattery thanked Mr. McDonald for his work on the brief and oral argument.
Ms. Slattery reported that, in Haley v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2284CV02661, Staff Counsel Amy Bressler Nee will file the Commission’s opposition by the March 29, 2023 deadline.
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, both McKeon and Anderson have filed notices of dismissal of the claims against the Commission.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics.
Ms. Brookman reported that the Enforcement Division has been successful in reducing the intake backlog despite staffing shortages over the years, and that there are now only 28 complaints in intake that are older than three months, compared to 212 complaints in intake backlog at the same time last year.
EXECUTIVE SESSION
At 10:16 a.m., on the motion of Vice Chair Martinez, seconded by Commissioner Connors, 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 23, 2023
- Minutes of the Commission Meeting of March 1, 2023 Public Session
- Memorandum dated March 16, 2023 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in February 2023
- Memorandum dated March 16, 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
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator