PUBLIC SESSION
MEETING CONVENED
Chair Margot Botsford called the meeting to order at 9:35 a.m. Also in attendance were Vice Chair Thomas A. Connors, Commissioner Wilbur P. Edwards, Jr., and Commissioner Eron Hackshaw.
REMOTE PARTICIPATION
Chair Botsford 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 28, 2025. Chair Botsford noted that all votes at the meeting would be taken by roll call.
APPROVAL OF MEETING MINUTES
On the motion of Commissioner Edwards, seconded by Vice Chair Connors, the Commission voted 4-0 to waive the reading and approve the public session minutes of the April 29, 2025 Commission meeting.
| Vote: | |
|---|---|
| Chair Botsford | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Vice Chair Connors | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson welcomed Evandro Carvalho, the Executive Director of the City of Boston’s Office of Police Accountability and Transparency, to the meeting. Mr. Carvalho thanked Mr. Wilson for the opportunity to learn more about the Commission’s work.
Mr. Wilson noted that the meeting would likely be Public Education and Communications Division Chief David Giannotti’s final Commission meeting, as Mr. Giannotti will be retiring prior to the Commission’s next scheduled meeting, and thanked him on behalf of the Commission staff for his 37 years of distinguished service to the Commission.
Budget
Mr. Wilson provided an update on the Commission’s Fiscal Year 2026 budget. He reported that the Senate Committee on Ways and Means released its budget recommendations on May 6th with the same level of funding for the Commission as the Governor’s budget and the House budget. Mr. Wilson further reported that thereafter Senator Michael Moore filed an amendment to increase funding for the Commission by $200,000. He explained that the increased funding was to support equity adjustments to the salaries of non-Unit 6, non-management Commission staff, the addition of a new part-time IT support position for the Commission’s three major applications, and the cost of newly increased employer payroll taxes. Mr. Wilson noted that Senators Rebecca Rausch, John Keenan, Patrick O’Connor, Mark Montigny, and Jason Lewis cosponsored the amendment, which ultimately was not adopted, and expressed his appreciation for their and Senator Moore’s support for the Commission. He explained that the Senate will debate and pass its budget bill before it is sent to the Legislature’s Conference Committee to reconcile differences between the House and Senate budget bills, which will not likely impact the Commission’s budget since the funding levels for the Commission will be the same in both chambers’ budget bills. Chair Botsford asked whether there is a possibility that additional funding for the Commission could be provided through a supplemental budget. Mr. Wilson responded that the Commission will continue to pursue all opportunities for increased funding and remain engaged with legislators to advocate for the Commission’s full Fiscal Year 2026 budget request.
Ongoing Projects
Mr. Wilson reported that substantial progress has been made with the additional branched content in the Commission’s online conflict of interest law training program, the implementation of the new Legal Case Management System, and the replacement of the Commission’s existing SFI filing system, which will be discussed during the monthly reports of the Public Education and Communications Division and the Legal Division.
New Commissioners
Mr. Wilson stated that he has been in contact with the Governor’s Boards and Commissions Office and has been told that the Governor is currently reviewing candidates for appointment as new commissioners to succeed Vice Chair Martinez and Commissioner Edwards. He reported that the Governor’s Chief Legal Counsel Paige Scott Reed has since left the administration, and that the Governor’s Deputy Chief Legal Counsel Jesse Boodoo has been appointed as Ms. Scott Reed’s successor.
International Visitor Leadership Program
Mr. Wilson reported that the Commission will host up to 24 participants in the U.S. Department of State’s International Visitor Leadership Program’s Transparency and Accountability in Government Project, along with several liaisons, on June 3, 2025 at 1:00 p.m., for a 60-to-90-minute presentation about the Commission. He explained that the Project’s stated objectives include enhancing understanding of ethical systems for accountability and transparency in government in the United States and addressing international efforts to strengthen the integrity of governments. Mr. Wilson stated that he and the Commission’s three Division Chiefs and other staff will provide a comprehensive overview of the Commission’s various activities, and invited the Commissioners to attend. He noted that, while the visitors are from over twenty countries, including Ukraine, Thailand, Belize, and Uganda, all program participants understand English.
COGEL Conference
Mr. Wilson reported on plans to send a Commission delegation to the upcoming Council on Governmental Ethics Laws (COGEL) Annual Conference in Atlanta in December, and invited Commissioners interested in attending the conference to join the staff on the delegation. He stated that, due to ongoing financial uncertainty, it is unlikely that the Commission will be able to pay for travel and lodging expenses for Commission staff attending the conference. Mr. Wilson noted, however, that funding is available to cover the $600 early bird registration fee per attendee. He said that he intends to attend the conference, and that two additional Commission staff members have expressed interest in attending under these circumstances. Commissioner Hackshaw asked whether any Commission staff would be presenting on a panel at the conference this year. Mr. Wilson responded that no presentations by Commission staff are currently scheduled.
Retirement Party
Mr. Wilson stated that the retirement party for Mr. Giannotti will be held on June 17, 2025 at 4:30-7:30 p.m., at Elephant & Castle in Boston.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for June 30, 2025 at 9:30 a.m. Following discussion, the Commission scheduled its subsequent meeting for July 31, 2025 at 9:30 a.m.
COMPENSATION OF EXECUTIVE DIRECTOR
Mr. Wilson explained that the Commission had previously approved his request for a 3% cost-of-living salary increase retroactive to January 1, 2025 for all Commission staff, other than the Executive Director, who are not paid according to the NAGE Unit 6 Collective Bargaining Agreement (“Unit 6 CBA”) salary schedule, to maintain parity with the compensation of the Commission employees paid according to the salary schedule, who will continue to receive cost-of-living increases in the coming fiscal year under the current CBA. Mr. Wilson said he is now requesting that the Commission approve for him as Executive Director the same cost-of-living increase that all other Commission employees have already received.
On the motion of Vice Chair Connors, seconded by Chair Botsford, the Commission voted 4-0 to approve a 3% cost of living salary increase for the Executive Director retroactive to January 1, 2025.
| Vote: | |
|---|---|
| Chair Botsford | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Vice Chair Connors | Yes |
LETTER TO COMMISSION REGARDING DISPOSITION AGREEMENTS AND PUBLIC EDUCATION LETTERS
Mr. Wilson reported that, on May 1, 2025, he received a letter from Common Cause Massachusetts Executive Director Geoff Foster addressed to the Chair about disposition agreements and public education letters that the Commission has recently issued. He explained that Common Cause had raised additional issues following their letter to the Commission on February 1, 2024 regarding the Commission’s public resolutions. Vice Chair Connors raised the letter’s criticism that the Commission did not name the company involved in the recent cases against the public employees who accepted free ski trips from the company. Enforcement Division Chief Monica Brookman noted that the Commission had named third parties in prior disposition agreements but had received significant pushback from those parties and made an internal decision not to do so going forward. Mr. Wilson stated that, while the Commission may not have historically taken this approach of not naming third parties, the Commission aims to be mindful of third parties who are not the subject of the enforcement action, as naming the company, absent a compelling reason, could have caused undue reputational harm. Vice Chair Connors stated that the disposition agreement is the result of negotiations between the Commission and the Respondents, and that third parties have no opportunity to weigh in on the matter, and therefore, it is appropriate to avoid identifying them when they are not facing enforcement action.
Vice Chair Connors expressed his concern regarding the letter’s reference to the Heather Larkin matter questioning the amount of the civil penalty imposed and suggesting that the rationale for the amount was not sufficiently explained. He noted that the letter stated that, while the Larkin disposition agreement referenced the respondent’s discharge from employment, the Commission did not address the reason for the discharge. Vice Chair Connors stated that the Commission may not be privy to reasons for discharge, and that employment-related issues may involve matters outside the Commission’s jurisdiction, such as collective bargaining agreements or union proceedings, and the Commission’s role is limited to violations of the conflict of interest law.
Chair Botsford asked whether the Commission should respond to Common Cause in writing. Mr. Wilson stated that he had informed Common Cause that their letter would be presented to the Commission, and that he did not believe a written response beyond acknowledging receipt of the letter, was expected or necessary, as the letter appeared to be offered as constructive criticism. He said that the Commission staff will continue to consider the issues raised in the Common Cause letter and may in the future make recommendations on civil penalties and disposition agreements by the Commission.
Commissioner Hackshaw stated that the Commission staff has appropriately balanced competing interests while ensuring the public understands what conduct is prohibited. Vice Chair Connors commended the Commission staff for their efforts to maintain fairness and balance in its public resolutions. He stated that it is helpful to receive outside perspectives, such as those from Common Cause, and appreciated the feedback in that spirit.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
Public Education and Communications Division Chief David Giannotti presented his memorandum reporting on the Public Education and Communications Division’s activities during April 2025. Mr. Giannotti thanked Senior Public Information Officer Gerry Tuoti for drafting the memorandum.
Mr. Giannotti reported that he conducted two 90-minute public education seminars in April attended by 42 public employees. He further reported that he will conduct his final in-house seminar on May 29th, with additional seminars scheduled for the Boston City Council, the Massachusetts Housing Partnership, the Boston chapter of the Association of Certified Fraud Examiners, and the Trial Court Officers Academy. Mr. Giannotti stated that he will be traveling to the State Police Homeland Security Operations Center in Framingham to present a conflict of interest law briefing for summer interns working for agencies within the Executive Office of Public Safety and Security.
Mr. Giannotti provided an update on the online conflict of interest law training program and hosting platform. He reported that he, Mr. Tuoti, Senior Program Coordinator Arthur Xia, and Administrative Assistant Arisa Waguespack responded to 452 calls and e-mails regarding the online learning training program and hosting platform in April, a decrease from the 665 calls and e-mails as reported at the April meeting and the 886 calls and emails reported at the March meeting. Mr. Giannotti explained that there will likely be uptick in calls and e-mails beginning in August when school districts begin the new school year and conduct staff orientation meetings. He further reported that, during the four months of 2025, more completion certificates have been issued to public employees than in all of 2024.
At Mr. Giannotti’s request, Mr. Tuoti provided an update on the new branched content for legislative staff for the online training program. Mr. Tuoti reported that the vendor, SkillBurst Interactive, has produced closed captioning in English, Spanish, Portuguese, Haitian Creole, and traditional and simplified Chinese. He noted that the Commission is independently evaluating the translations for accuracy and context and thanked Senior Assistant General Counsel T. Michael McDonald and Special Assistant to Administration and SFI Rose Costa for evaluating the Spanish and Portuguese translations, respectively. Mr. Tuoti stated that the project is on track for completion before the end of June. He further reported that the Commission is working with the vendor on a contract extension to continue licensing the use of the unLMS learning management system for three additional years through Fiscal Year 2029.
Mr. Giannotti noted that the Commission is the keeper of the education records for elected state and county officials and that Mr. Xia has been responding to inquiries from elected state and county officials about the requirements. At Mr. Giannotti’s request, Mr. Xia provided an update on the conflict of interest law education requirements for elected state and county officials. Mr. Xia reported that all Senate members and nearly all House members have complied with the conflict of interest law education requirements for this year. He thanked House Counsel and Senate Counsel for their assistance to ensure that the Legislature achieves full compliance. Commissioner Hackshaw asked whether the records for elected state and county officials who have not complied with the education requirements is considered public. Mr. Giannotti responded that the information is public, and that, to date, the Commission has not received any public records requests related to such information. He noted that there are approximately 325 elected state and county officials and thanked Mr. Xia for his efforts in ensuring their compliance with the education requirements.
Mr. Xia reported that the Commission now has more LinkedIn followers than the COGEL LinkedIn page.
Mr. Giannotti commended the Commission staff for their hard work over the years and said that he was grateful to be part of the team. Chair Botsford commended Mr. Giannotti for his dedication and vision and stated that the Commission greatly benefited from his leadership and contributions.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division in April 2025. Ms. Slattery noted that the metrics presented at the prior Commission meeting were underreported due to the learning curve associated with the new Legal Case Management System and will be corrected in the Legal Division’s Fiscal Year 2025 report.
Legal Division Metrics for April 2025
Ms. Slattery presented the following Legal Division metrics for April 2025.
- Written advice. The Legal Division answered by letter or e-mail 101 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 52 pertained to SFIs.
| For comparison: | |
|---|---|
| April 2024 (same month prior year) (total/SFI): | 104/38 |
| March 2025 (previous month) (total/SFI): | 49/4 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 507 requests for advice from state, county, and municipal officials. Of these requests, 141 pertained to SFIs.
| For comparison: | |
|---|---|
| April 2024 (same month prior year) (total/SFI): | 673/104 |
| March 2025 (previous month) (total/SFI): | 361/7 |
- Review of municipal letters. Division staff reviewed 4 letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| For comparison: | |
|---|---|
| April 2024 (same month prior year): | 2 |
| March 2025 (previous month): | 1 |
- Backlog. As of May 14, 2025, the Division has 2 pending requests for written advice that are more than 30 days old. There is a total of 9 pending requests for written advice.
Adjudicatory Matters
Ms. Slattery presented the May/June calendar of conferences/hearings in pending Commission adjudicatory proceedings.
In the Matter of Thomas Daly, Docket No. 25-0003 (Order to Show Cause issued May 13, 2025): Vice Chair Connors was assigned as the presiding officer. Staff Counsel Amy Bressler Nee will serve as legal advisor.
In the Matter of Northeast Material Handling, Inc., Docket No. 25-0004 (Order to Show Cause issued May 21, 2025): Vice Chair Connors was assigned as the presiding officer. Staff Counsel Amy Bressler Nee will serve as legal advisor.
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on Statements of Financial Interests (SFI) for Calendar Year 2024. Ms. Duca said that the filing deadline for appointed public employees was May 1, 2025, and that the SFI Team will continue to notify former public employees who have not yet filed by phone, e-mail, or mail to get them filed. She reported that there are currently 125 elected public officials who still need to file by the May 27, 2025 filing deadline. Ms. Duca further reported that the SFI Team handled a total of 679 phone calls, emails, and walk-ins for SFI assistance in April, compared to 106 in the prior month.
Ms. Duca provided an update on the replacement of the Commission’s existing SFI filing system. She reported that three vendors provided responses to the Commission’s Request for Quotation (RFQ) for a consultant, and one vendor provided a response to the Request for Information. Ms. Duca said that the SFI team worked with the EOTSS Strategy Team to develop a plan for the review of the responses to the RFQ and to draft an evaluation scoring sheet to use for the selection process. She reported that the submissions have been reviewed and a vendor has been selected. Ms. Duca stated that the evaluation scoring sheets, which are considered public records, are being finalized and will be available upon request by the vendors. Ms. Duca noted that the $1.2 million in capital funding that the Commission received from the state Information Technology Investment Advisory Board for the project must be used by June 30th. She reported that Government Affairs Officer Jennifer McCullough is working to ensure that the funding can be carried over into Fiscal Year 2026, as the Commission would not enter into a contract for the consultant or to build a new SFI system without the necessary funding.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics for March 2025. Ms. Brookman reported that, as the Enforcement Division grows accustomed to the new Legal Case Management System, it is still working to reduce the complaint backlog, with 46 open complaints that are over three months old. She said that she hopes to keep the number of cases in the complaint backlog to under ten cases. Mr. Wilson noted that the Enforcement Division also put a significant amount of time into the development of the new Legal Case Management System.
The Commission recessed at 10:45 a.m. and reconvened at 10:52 a.m.
EXECUTIVE SESSION
At 10:52 a.m., on the motion of Chair Botsford, seconded by Vice Chair 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.
| Vote: | |
|---|---|
| Chair Botsford | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Vice Chair Connors | Yes |
Chair Botsford 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 22, 2025
- Minutes of the Commission Meeting of April 29, 2025, Public Session
- Letter dated May 1, 2025 from Common Cause Massachusetts Executive Director Geoff Foster to the Commission regarding disposition agreements and public education letters
- Memorandum, dated May 14, 2025, from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in April 2025
- Memorandum, dated May 14, 2025, 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