PUBLIC SESSION
MEETING CONVENED
Vice Chair Josefina Martinez called the meeting to order at 9:31 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 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 Connors, the Commission voted 4-0 to waive the reading and approve the public session minutes of the April 18, 2023 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 congratulated Special Assistant to Administration and SFI Rose Costa on her recent receipt of a bachelor’s degree.
Budget
At Mr. Wilson’s request, Government Affairs Officer Robert Milt provided an update on the Fiscal Year 2024 budget process. Mr. Milt reported that the House of Representatives passed its budget on April 26, 2023, which included approximately the same level of funding for the Commission as the Governor’s recommended budget, about a $350,000 increase over Fiscal Year 2023, but still approximately $150,000 less than the Commission’s full budget request of approximately $3.5 million. He also reported that the Senate Committee on Ways and Means released its budget recommendations on May 9, 2023, which included $133,000 more than the Governor’s recommended budget and the House-passed budget. Mr. Milt stated that the Senate’s budget recommendation was about $3.5 million and represented a $500,000 increase over the Commission’s Fiscal Year 2023 spending level. He noted that the Senate will debate and pass its budget before it is sent to a Conference Committee to reconcile the differences between the two spending bills. 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 learning platform, the new legal case management system, and the addition of a second Assistant Agency Counsel position.
Ongoing Projects
At Mr. Wilson’s request, Mr. Milt provided an update on the Legal Case Management System Project. Mr. Milt reported that the project team is continuing to meet with the vendor, Sophus Consulting, to discuss current business needs and workflows and functional requirements. He explained that Sophus Consulting has been hired by the Executive Office for Technology Services and Security to configure a common Salesforce-based legal case management system platform to meet the needs of the Commission, Department of Labor Relations, Department of Mental Health, Department of Criminal Justice Information Services, and MassHealth Board of Hearings. Mr. Milt noted that the number of participating agencies will increase over time, and each new agency’s case management system will be based on the common model that will be developed in the coming months. Mr. Milt noted that the first phase of the project is expected to be completed this fall.
COGEL Conference
Mr. Wilson reported that Senior Public Information Officer Gerry Tuoti and Mr. Milt previously submitted a proposal to participate in a breakout session panel at the upcoming Council on Governmental Ethics Laws (COGEL) Annual Conference in Kansas City, Missouri. He further reported that, as a result of the proposal, they recently received a response from the COGEL Program Committee inviting them to participate in a panel on e-learning. Mr. Wilson noted that this is the first time in about a decade that Commission staff have participated in a panel at the COGEL conference. He said that he expects to send a similar-sized delegation of Commission staff to the upcoming conference as the one that attended last year’s conference in Montreal.
New Commissioner
Mr. Wilson stated that, while he has been in contact with the Governor’s Boards and Commissions Office about the appointment of a new commissioner to succeed Chair Krokidas, there is no apparent progress to report. He invited the Commissioners to provide him with the names of qualified persons interested in serving on the Commission as potential candidates which he will pass along to the Office of Boards and Commissions. Mr. Wilson noted that the Governor will also need to appoint a new commissioner to succeed Vice Chair Martinez when her term expires in October.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for June 22, 2023 at 9:30 a.m. Following discussion, the Commission scheduled its subsequent meeting for July 20, 2023 at 9:30 a.m.
EMPLOYEE COMPENSATION
Mr. Wilson noted that there are nine Commission staff members whose salaries are determined by the NAGE Unit 6 Collective Bargaining Agreement salary schedule and nineteen unclassified employees whose salaries are determined by the Executive Director in consultation with the Chief Financial Officer and subject to the Commission’s approval. He said that he is now requesting that the Commission approve merit, retention, and equity salary increases for Commission employees whose compensation is not set according to the Unit 6 agreement, totaling in aggregate not more than $30,000, in individual amounts to be determined by the Executive Director in consultation with Chief Financial Officer Alice Wu, retroactive to a date at the discretion of the Executive Director. Mr. Wilson noted that the Commission’s Fiscal Year 2023 maintenance budget includes funding for these salary increases.
On the motion of Commissioner Connors, seconded by Vice Chair Martinez, the Commission voted 4-0 to approve merit, retention, and equity salary increases for Commission managers, other than the Executive Director, and for certain other staff not paid according to the Unit 6 Collective Bargaining Agreement salary schedule, at the discretion of the Executive Director, totaling in aggregate not more than $30,000, in individual amounts to be determined by the Executive Director in consultation with the Chief Financial Officer; such increases to be retroactive to July 1, 2022 or a later date at the discretion of the Executive Director.
| Vice Chair Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Commissioner Connors | Yes |
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
Public Education and Communications Division Chief David Giannotti was unable to attend the Commission meeting due to a previously scheduled educational seminar. In his absence, Mr. Tuoti presented Mr. Giannotti’s memorandum detailing Public Education and Communications Division activities for the month of April 2023.
Mr. Tuoti reported that Mr. Giannotti conducted five public education seminars in April attended by 238 public employees.
Mr. Tuoti reported that, while there were no press releases issued in April, a News Item concerning the Fiscal Year 2021 Annual Report was issued. He noted that there have been three press releases so far in May.
Mr. Tuoti provided an update on the Commission’s new conflict of interest law online training program. He reported that more than 100,000 state, county, and municipal employees have registered for the new online learning platform, and approximately 180,000 completion certificates have been issued since its launch on January 12, 2023. Mr. Tuoti said that he looks forward to learning more about the opportunity to present information about the new online training project at the upcoming COGEL Conference. He noted that he is continuing work with the vendor, SkillBurst Interactive, on a new implementation services contract to improve the user experience with new features.
Mr. Tuoti explained that the Commission serves as the keeper of records for conflict of interest law education records for elected state and county officials. At Mr. Tuoti’s request, Senior Program Coordinator Arthur Xia provided an update on the compliance of elected state and county officials with the conflict of interest law education requirements. Mr. Xia reported that all elected state and county officials have now fully complied with the conflict of interest law education requirements for this year. He noted that he collected the education compliance records from the elected state and county officials in record time for the second year in a row. Mr. Xia thanked House Counsel and Senate Counsel for their assistance to ensure that the Legislature achieved full compliance.
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 continued increase in requests for advice, likely due to public employees completing the new online training program and the new administration.
Legal Division Metrics for April 2023
Ms. Slattery presented the following Legal Division metrics for April 2023.
- Written advice. The Legal Division answered by letter or e-mail 62 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 20 pertained to SFIs.
| April 2022 (same month prior year) (total/SFI): | 65/20 |
| March 2023 (previous month) (total/SFI): | 57/4 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 478 requests for advice from state, county, and municipal officials. Of these requests, 134 pertained to SFIs.
| April 2022 (same month prior year) (total/SFI): | 447/99 |
| March 2023 (previous month) (total/SFI): | 519/17 |
- Review of municipal letters. Division staff reviewed 3 letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| April 2022 (same month prior year): | 6 |
| March 2023 (previous month): | 3 |
- Backlog. As of May 11, 2023, the Division has 21 pending requests for written advice that are more than 30 days old. There are a total of 52 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 said that the filing deadline for appointed public employees was May 1, 2023. She explained that appointed public employees who did not file by the filing deadline were sent a formal notice of lateness that provided them with a 10-day statutory grace period to file without incurring any possible civil penalty for their late filing. Ms. Duca said that the SFI Team is still working with 10 non-filers, all of whom are former appointed public employees, to get them filed before the end of their grace period. She said that the filing deadline for elected public officials is May 30, 2023. She reported that there are currently 205 elected public officials who still need to file.
Adjudicatory Matters
Ms. Slattery presented the May/June calendar of conferences/hearings in pending Commission adjudicatory proceedings.
In the Matter of David A. Rose, Docket No. 23-0006 (Order to Show Cause issued May 4, 2023): Vice Chair Martinez was assigned as the presiding officer. Assistant General Counsel Ting Chiu will serve as legal advisor.
In the Matter of Barbara Davis-Hassan, Docket No. 23-0007 (Order to Show Cause issued May 17, 2023): Commissioner Connors was assigned as the presiding officer. Staff Counsel Norah Mallam will serve as legal advisor.
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, Ms. Mallam argued for the Commission on its Motion to Dismiss for Failure to Prosecute at a hearing before Judge Cowin on May 10, 2023. She noted that, on May 11, 2023, Judge Cowin allowed the motion, and the case was dismissed.
Ms. Slattery reported that, in Comtois v. State Ethics Commission, Appeals Court Docket No. 2021-P-1151, the Commission filed a letter in opposition to Comtois’s application for further appellate review by the Supreme Judicial Court on April 19, 2023. She also reported that, on May 16, 2023, the Supreme Judicial Court denied Comtois’s application for further appellate review. Ms. Slattery explained that, with the Supreme Judicial Court’s denial of Comtois’s application for further appellate review, the Appeals Court decision upholding the Commission’s decision and order stands as decisional law. She thanked Assistant General Counsel T. Michael McDonald for his contributions on the case. Mr. Wilson congratulated Ms. Slattery, Mr. McDonald, and Staff Counsel Candies Pruitt for their work on the case. Commissioner Edwards asked whether there is a due date for the payment of the civil penalty from Comtois. Ms. Slattery explained that she issued a letter to Comtois that requested payment of the civil penalty within 30 days.
Ms. Slattery reported that, in Haley v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2284CV02661, a date for the oral arguments date has not yet been scheduled.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics.
Ms. Brookman reported that the Enforcement Division continued to receive a significantly more than average amount of complaints in April, likely due to public employees completing the new online training program and increased political activity during election season. She noted that, despite the increased complaint intake, the Enforcement Division has continued to reduce the intake backlog with the goal of further reducing complaints in intake that are older than three months.
EXECUTIVE SESSION
At 10:17 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 May 18, 2023
- Minutes of the Commission Meeting of April 18, 2023 Public Session
- Memorandum dated May 11, 2023 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in April 2023
- Memorandum dated May 11, 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
- Donohue v. State Ethics Commission, Norfolk Superior Court Civil Action No. 2082CV00886: Order on Defendant’s Motion to Dismiss
- Comtois v. State Ethics Commission, Appeals Court Docket No. 2021-P-1151: Letter in Opposition to Application for Further Appellate Review
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator