PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:47 a.m. Also in attendance were Vice Chair Thomas J. Sartory, Commissioner R. Marc Kantrowitz, Commissioner Josefina Martinez, and Commissioner Wilbur P. Edwards, Jr. Chair Krokidas, Vice Chair Sartory, Commissioner Kantrowitz, Commissioner Martinez, and Commissioner Edwards 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 listen to the public session by teleconference. Chair Krokidas noted that all votes taken at the meeting would be taken by roll call.
APPROVAL OF MEETING MINUTES
On the motion of Vice Chair Sartory, seconded by Commissioner Martinez, the Commission voted 5-0 to waive the reading and approve the public session minutes of the April 9, 2020 Commission meeting.
| Chair Krokidas | Yes |
| Vice Chair Sartory | Yes |
| Commissioner Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson reported that all Commission employees have been able to work safely from home. He stated that, with the staff working from home, the Commission office is still closed to visitors. There are only a few employees in the office at a time, primarily to provide technical support or to process incoming mail. Mr. Wilson said that an advisory committee of staff members was established to make recommendations regarding workplace safety standards to reduce the risk of COVID-19 transmission to employees and visitors during the reopening phase.
Mr. Wilson stated that Special Investigator Tim Gravel went on military leave on April 1, 2020 and is not expected to return until October 1, 2020. He said that with the recent departure of Special Investigator Kevin Mazza on March 6, 2020, the Enforcement Division brought back former Special Investigators Katelyn Farago and Paul Murray as contract employees to assist in processing the complaint backlog while the Division is short staffed.
Budget
Mr. Wilson said that there is very little new information to report as the budget for the next fiscal year remains uncertain. The public health crisis has significantly impacted the state’s economic outlook as tax revenue collection has declined and unemployment has soared. Government Affairs Officer Robert Milt said that the legislature will need to revise its projections to reflect current economic and fiscal conditions before it will have a full calendar budget in place by the start of the new fiscal year.
Audit
Mr. Wilson reported that the State Auditor’s Office has concluded its audit of the Commission with the issuance of its final report pending.
Ongoing Projects
Mr. Wilson discussed ongoing projects to replace the Commission’s case management system, to replace the Commission’s conflict of interest law online training program, and to move the Commission’s computer servers to a new server room. He said that the first two projects are nearly entirely dependent on the availability of state bond funding. Mr. Milt will continue to track the information technology bond bill, which passed in the House yesterday afternoon to be sent to the Senate. Public Education and Communications Division Chief David Giannotti and Information Technology Specialist Tony Webb are still working with EOTSS for the relocation of network servers from the Commission’s office to a more secure server room that EOTSS operates in the building.
Mr. Wilson stated the Commission received funding from EOTSS for Fiscal Year 2020 to retain a consultant with expertise in electronic learning and learning management systems to help define functional and technical requirements for the conflict of interest law online training replacement project with the goal of issuing an RFQ in the next fiscal year. Led by Public Information Officer Gerry Tuoti, the project team consists of Mr. Giannotti, Mr. Milt, Staff Counsel Norah Mallam, and Program Coordinator Arthur Xia. The project team is currently in the process of conducting interviews with interested vendors to select a consultant.
Next Meeting
Following discussion, the Commission scheduled its next meetings for June 25, 2020 at 9:30 a.m.
COMPENSATION OF MANAGERS OTHER THAN EXECUTIVE DIRECTOR
Mr. Wilson reported that the Commission had set aside about $25,000 in the current fiscal year budget to provide salary increases for employees who perform management functions, excluding the Executive Director. However, in consideration of the current economic situation in the Commonwealth, Mr. Wilson recommended expending only about $15,000, which he explained would be more sustainable in the next fiscal year.
On the motion of Commissioner Edwards, seconded by Vice Chair Sartory, the Commission voted 5-0 to approve salary increases, at the Executive Director’s discretion and in consultation with the Chief Financial Officer, of up to 4 percent for the General Counsel/Legal Division Chief and up to 2 percent for other staff performing management duties, not including the Executive Director, effective July 1, 2019.
| Chair Krokidas | Yes |
| Vice Chair Sartory | Yes |
| Commissioner Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
Public Education and Communications Division Chief David Giannotti presented the monthly Public Education and Communications Division Report.
Mr. Giannotti commended Public Information Officer Gerry Tuoti and Government Affairs Officer Robert Milt for their diligence and persistence to lay the groundwork for the replacement of the online training program. He reported that he and Information Technology Specialist Tony Webb are currently working to move the network servers from the Commission’s office to a climate-controlled, fire-safe server room on the 7th floor of the building by the end of the fiscal year.
Mr. Giannotti said that he conducted a 90-minute remote public education seminar during April in connection with the Inspector General’s Public Procurement Official certification program that was attended by 75 public employees. He reported that two other remote classroom presentations have been scheduled for May in connection with Inspector General training programs, one for charter school procurement officials and one for the public procurement official certification program. Mr. Giannotti said that the bi-monthly seminar scheduled for June 4, 2020 will be conducted via video conference. He said that he is working to schedule a seminar for Department of Transportation legal staff via video conference.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Ms. Slattery said that the call volume has decreased compared to last year likely due to the restrictions resulting from COVID-19, but there was an increase for requests for advice in May over April. There were no questions from the Commission.
Legal Division Metrics for April 2020
Ms. Slattery presented the following Legal Division metrics for April 2020.
- Written advice. The Legal Division answered by letter or email 51 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 22 pertained to SFIs.
| April 2019 (same month last year): | 79 |
| March 2020 (previous month) (total/SFI): | 57/9 |
- Oral advice. The Legal Division attorneys provided advice by telephone or on a walk-in basis in response to 356 requests for advice from state, county and municipal officials. Of these requests, 60 pertained to SFIs.
| April 2019 (same month last year): | 600 |
| March 2020 (previous month) (total/SFI): | 356/60 |
- 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.
| April 2019 (same month last year): | 0 |
| March 2020 (previous month): | 1 |
- Backlog. As of May 11, 2020, the Division had 1 pending request for written advice that is more than 30 days old. There was a total of 3 pending requests for written advice.
SFI Summary
Ms. Duca provided an update on the CY 2019 Statements of Financial Interests (SFI) filing season. She said that the SFI team prepared and sent a notice to appointed public employees regarding the extension of their CY 2019 SFI filing deadline from May 1, 2020 to May 26, 2020. They worked with the vendor for the SFI system to ensure that the notices sent automatically by the system based on the May 1st filing deadline were turned off. Ms. Duca said that they plan to send notices to appointed public employees to indicate that they still need to file if they miss the May 26th deadline. She noted that elected public officials who had not yet filed their CY 2019 SFI were called or sent an e-mail to remind them of their May 26th filing deadline and to offer them assistance with their filing, if needed.
Litigation Matters
Ms. Slattery provided an update on Doe v. State Ethics Commission, Berkshire Superior Court Civil Action No. 1976CV00286. Ms. Slattery reported that the Commission has been served with an Amended Complaint for Declaratory Judgment by an individual seeking to quash two summonses (one individually and second as owner of a business). She noted that the plaintiff’s motion for impoundment is pending, and an Answer is due on June 22, 2020. There were no questions from the Commission.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics.
Ms. Brookman said that the Division postponed the hiring of a new Special Investigator due to the COVID-19 state of emergency. However, she said that former Enforcement Division employees Paul Murray and Katelyn Farago agreed to serve as contract Special Investigators for the remainder of the current fiscal year to assist with the backlog of complaints. She reported that after the departure of Special Investigator Kevin Mazza, the backlog increased in March but was reversed in April despite the Division being short staffed.
Ms. Brookman reported that as the Division is currently focusing on the backlog, they expect to prepare a higher number of preliminary inquiry recommendations for review by the Commission in the coming months. She noted that there are three recommendations for review in the current agenda and five matters that have been assigned to an attorney to develop a recommendation. There are also have several other complaints identified as allegations that also may require a preliminary inquiry.
EXECUTIVE SESSION
At 10:44 a.m., on the motion of Chair Krokidas, seconded by Commissioner 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 Sartory | Yes |
| Commissioner Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards, Jr. | 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 May 21, 2020
- Minutes of the State Ethics Commission Meeting of April 9, 2020 Public Session
- Memorandum dated May 14, 2020 from Public Education and Communications Division Chief David Giannotti to the Commission concerning the Public Education and Communications Division report for the meeting
- Memorandum dated May 11, 2020 from General Counsel/Legal Division Chief Eve Slattery to the Commission setting forth Legal Division matters for the meeting
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Program Coordinator