PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:37 a.m. Also in attendance were Vice Chair R. Marc Kantrowitz, Commissioner Josefina Martinez, Commissioner Wilbur P. Edwards, Jr., and Commissioner Eron Hackshaw. Chair Krokidas, Vice Chair Kantrowitz, Commissioner Martinez, Commissioner Edwards, and Commissioner Hackshaw 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 she, Commissioners Kantrowitz, Martinez, Edwards, and Hackshaw were participating by video conference. She stated that members of the public had been invited to watch and listen to the public session via Zoom Webinar. Chair Krokidas 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 Commissioner Martinez, the Commission voted 5-0 to waive the reading and approve the public session minutes of the April 15, 2021 Commission meeting.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson welcomed new Assistant Agency Counsel John McDonald, who he stated previously served as an Assistant Clerk Magistrate for the West Roxbury Division of the Boston Municipal Court and as a Legal Division attorney in 2001-2002. Mr. Wilson also welcomed Special Investigator Lynn Edmonds back from parental leave.
Mr. Wilson said that the Commission staff will participate in two LGBTQ+ training programs provided by the MaeBright Group on June 8th and June 15th to help ensure that the agency is a welcoming place for the LGBTQ+ staff and LGBTQ+ members of the public having dealings with the Commission. He thanked Assistant Enforcement Counsel Tracy Morong and Government Affairs Officer Robert Milt for arranging the trainings.
Mr. Wilson said that now that Massachusetts has recognized Juneteenth as an official state holiday, it is now a holiday for Commission staff under the Commission’s Personnel Manual. He explained that, since Juneteenth will take place on a Saturday this year, pursuant to the Personnel Manual, the Commission office will be closed on June 18, 2021 in observance of the holiday.
Budget
Mr. Wilson stated that, as discussed at prior meetings, the Commission is requesting $2,666,373 for Fiscal Year 2022, approximately $82,000 more than the Commission’s funding for Fiscal Year 2021.
At Mr. Wilson’s request, Mr. Milt provided an update on the Fiscal Year 2022 budget. Mr. Milt said that the House Committee on Ways and Means recommended that the Commission receive its requested funding level of $2,666,373 and the House-passed budget included that amount for the Commission. He said that the Commission’s Fiscal Year 2022 budget request is 3.2 percent more than the Commission’s funding for Fiscal Year 2021. Mr. Milt said that after the Senate passes its budget bill, he anticipates that the House and Senate will have equal line items to provide the Commission with its requested budget amount for Fiscal Year 2022.
Ongoing Projects
At Mr. Wilson’s request, Public Information Officer Gerry Tuoti provided an update on the replacement of the Commission’s conflict of interest law online training programs. Mr. Tuoti reported that more than a dozen vendors provided responses to the Commission’s RFQ for the development of a new online training program. He said that after the project team conducted interviews with five vendors, a notice was issued on May 10, 2021 to identify SkillBurst Interactive as the apparent successful bidder. Mr. Tuoti said that the Commission will develop a statement of work and contract with the vendor in order to begin work on the project in June and conclude in early spring of 2022. He thanked Mr. Wilson, Mr. Milt, Legal Division Deputy Chief/SFI Lauren Duca, Public Education and Communications Division Chief David Giannotti, Special Investigator Brian McWilliams, and Program Coordinator Arthur Xia as well as Debra Bonaminio and Jonathan Simon from the Inspector General’s Office and Evan Bjorklund from the Massachusetts Community College System for their participation and assistance in the vendor interview and evaluation process.
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 a kickoff meeting with EOTSS, Department of Labor Relations, and Department of Mental Health was postponed. He explained that EOTSS asked the agencies to consider a case management platform, Legal Stratus, which is currently used by MassDOT. Mr. Milt said that, with the assistance of consultant BerryDunn, the agencies met separately with Legal Stratus and Salesforce, and then later with MassDOT to discuss the technical requirements and costs of the platform. He said that he expects that the upfront costs of the case management platform, including for training and data migration, would be covered through a capital expenditure depending on how EOTSS will manage the outyear costs.
Office Reopening
Mr. Wilson reported that Governor Baker recently announced that COVID-19 restrictions in Massachusetts would be lifted on May 29, 2021. He explained that, as an independent agency, the Commission has significant, although not unlimited, freedom to make independent judgments about its operations and the working conditions of its staff. Mr. Wilson stated that it is his judgment that it is in the best interest of the agency and the staff to begin the gradual reopening of the Commission office on July 6th, following the Independence Day holiday. He noted that the Commission office has hand sanitizer, face masks, air purifiers, and other protective equipment to ensure that the office reopening is as safe and comfortable as possible. Mr. Wilson said that until July 6th, the Commission staff will continue to work under the same conditions as have been in effect for the last several months. He stated that, beginning July 6th the Commission will begin a gradual return to a new normal which will be fully in effect after Labor Day, starting on Tuesday, September 7, 2021.
Mr. Wilson said that while the new normal will include an appropriately well-staffed Commission office open to members of the public having business with the Commission, the new normal will permit substantially more Commission work to be performed remotely than was allowed by the agency’s telecommuting policy in effect prior to the COVID-19 state of emergency. He said that the Commission staff will work to develop a new telecommuting policy to include in the Personnel Manual to fully explain opportunities for remote and hybrid work arrangements. Mr. Wilson explained that, as the Executive Director, he will make a recommendation to the Commission to adopt a new telecommuting policy and the Commission will make the final decision on the inclusion of the policy in the Personnel Manual. He thanked Staff Counsel Norah Mallam for her significant contributions to develop a draft of the policy.
COGEL Conference
Mr. Wilson said that the annual Council on Governmental Ethics Laws (COGEL) Conference is scheduled for December 5-8, 2021 in Denver. He noted that the conference was held remotely last year due to COVID-19 restrictions. Mr. Wilson said that he hopes to send a delegation of Commission staff to the conference, and he invited the commissioners to join the delegation if they were interested in attending the conference.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for June 24, 2021 at 9:30 a.m.
PROCESS FOR EVALUATION OF EXECUTIVE DIRECTOR
General Counsel/Legal Division Chief Eve Slattery reported that the Audit, Finance and Human Resources Committee met on May 18, 2021 to discuss the process for the evaluation of the executive director. Commissioner Martinez explained that she and Commissioner Hackshaw volunteered to meet with Commission staff individually to solicit feedback regarding the job performance of the executive director. She noted that they will also meet with the executive director separately to review his core competencies and major job responsibilities. Chair Krokidas asked whether the evaluation of the executive director must be conducted in public session during a Commission meeting. Ms. Slattery said that Commissioners Martinez and Hackshaw would report to the Commission in public session in compliance with the Open Meeting Law.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
In the absence of Public Education and Communications Division Chief David Giannotti, Public Information Officer Gerry Tuoti presented the memorandum detailing Public Education and Communications Division activities for the month of April 2021.
Mr. Tuoti reported that he issued two press releases regarding the Gary Haley and Stephen Comtois matters during May 2021. He also reported that Mr. Giannotti conducted four 90-minute remote public education seminars during April 2021 attended by a total of 148 public employees.
Mr. Tuoti explained that all public employees are required to acknowledge receipt of a summary of the conflict of interest law and complete the online training program during the Calendar Year 2021 compliance period. Since the Commission serves as the Keeper of the Records for elected state and county officials, Program Coordinator Arthur Xia notified all 327 elected state and county officials about the training requirements. Mr. Tuoti reported that 326 summary acknowledgements and 327 completion certificates have been submitted by elected state and county officials to the Commission.
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 an increase in requests for advice as the number of requests is gradually approaching pre-pandemic levels.
Legal Division Metrics for April 2021
Ms. Slattery presented the following Legal Division metrics for April 2021.
- Written advice. The Legal Division answered by letter or e-mail 73 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 39 pertained to SFIs.
| April 2020 (same month prior year) (total/SFI): | 51/22 |
| March 2021 (previous month) (total/SFI): | 69/15 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 497 requests for advice from state, county, and municipal officials. Of these requests, 128 pertained to SFIs.
| April 2020 (same month prior year) (total/SFI): | 275/108 |
| March 2021 (previous month) (total/SFI): | 439/15 |
- 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 2020 (same month last year): | 2 |
| March 2021 (previous month): | 2 |
- Backlog. As of May 19, 2021, the Division has 5 pending requests for written advice that are more than 30 days old. There is a total of 18 pending requests for written advice.
SFI Summary
Legal Division Deputy Chief/SFI Lauren Duca provided an update on the Calendar Year (CY) 2020 Statement of Financial Interests (SFI) filing season. Ms. Duca stated that the filing deadline for appointed public employees was on May 3, 2021, and the filing deadline for elected public officials was on May 25, 2021. She reported that the compliance rate for the CY 2020 SFI filing season was higher than it was during the prior filing year. Ms. Duca noted that the SFI Team is still working with several non-filers to get them to file.
Adjudicatory Matters
In the Matter of Gary Haley, Docket No. 21-0003: An Order to Show Cause was filed on May 19, 2021. Commissioner Hackshaw was assigned as presiding officer. Staff Counsel Amy Bressler Nee will serve as legal advisor.
Litigation Matters
Ms. Slattery provided an update in litigation matters. She reported that, on May 19, 2021, the Suffolk Superior Court issued a decision in Comtois v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2084CV02105 that affirmed the Commission’s 2020 decision that former Brookfield Selectman Stephen Comtois violated the conflict of interest law. Chair Krokidas commended Assistant General Counsel T. Michael McDonald, who argued the case, and said that the court decision helps to validate the vital work of the Commission.
Commission Projects
Ms. Slattery provided an update on projects discussed at prior Commission meetings. She said that the Commission is still awaiting further comments from House members on the draft social media advisory.
Ms. Slattery stated that Chair Krokidas recently met with her, Mr. Wilson, and Mr. Milt, to discuss next steps regarding recommended efforts for the Commission to advocate for full regulatory authority of the conflict of interest law.
Ms. Slattery reported that the unpaid civil penalty of Christopher Hicks was referred to collection law firm Linebarger Goggan Blair & Sampson, LLP on May 7, 2021. She also reported that the Commission collected an unpaid civil penalty in the John Laurenza matter on April 21, 2021.
Following discussion, the Commission scheduled the next meeting of the Legal Committee for June 7, 2021 at 10:00 a.m. to discuss a pro bono counsel and mediation policy.
ENFORCEMENT DIVISION MATTERS
In the absence of Enforcement Division Chief Monica Brookman, Staff Counsel Candies Pruitt presented the Enforcement Intake Metrics. Ms. Pruitt welcomed back Assistant Agency Counsel John McDonald and Special Investigator Lynn Edmonds. She thanked the Public Education and Communications Division for their assistance to process complaint intake. Ms. Pruitt reported that the Enforcement Division reduced the complaint backlog in April 2021 as the number of complaints received also decreased.
EXECUTIVE SESSION
At 10:29 a.m., on the motion of Chair Krokidas, seconded by Vice Chair 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 Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
Chair Krokidas stated that the Commission would not reconvene in public session following the executive session.
The meeting recessed at 10:30 a.m. and reconvened at 10:37 a.m.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of May 27, 2021
- Minutes of the Commission Meeting of April 15, 2021 Public Session
- Memorandum dated May 10, 2021 from Public Education and Communications Division Chief David Giannotti to the Commission concerning the Public Education and Communications Division activities in April 2021
- Memorandum dated May 19, 2021 from General Counsel/Legal Division Chief Eve Slattery to the Commission setting forth Legal Division matters for the meeting
- Memorandum of Decision and Order on Cross Motions for Judgment on the Pleadings in Comtois v. State Ethics Commission
- Memorandum dated May 11, 2021 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning an update on pending projects
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Program Coordinator