PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:31 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 and Commissioner Edwards participated remotely.
REMOTE PARTICIPATION
Chair Krokidas announced that the meeting would take place remotely pursuant to the law signed by Governor Baker on June 16, 2021 extending certain COVID-19 measures adopted during the state of emergency. Chair Krokidas stated that she and Commissioner Edwards would participate 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 Chair Krokidas, seconded by Commissioner Martinez, the Commission voted 5-0 to waive the reading and approve the public session minutes of the April 19, 2022 Commission meetings.
| 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 noted that, following a successful hybrid adjudicatory hearing, the Commission has returned to the office for its monthly meeting, on a hybrid basis, for the first time since February 2020. He thanked the Governor and the Legislature for their budgetary support enabling the Commission to invest in the technology necessary to host hybrid hearings and meetings. Mr. Wilson also thanked Public Education and Communications Division Chief David Giannotti, Senior Public Information and Communications Officer Gerry Tuoti, Senior Program Coordinator Arthur Xia, and Information Technology Specialist Tony Webb for their assistance in ensuring that the Commission’s hybrid hearings and meetings run smoothly.
Mr. Wilson welcomed new Receptionist and recent University of Massachusetts-Boston graduate Ashley Glennan, who joined the Commission staff on May 9, 2022. He reported that the Enforcement Division has received applications from many qualified candidates for the open Assistant Enforcement Counsel position. Mr. Wilson noted that applications for the position are due by June 3, 2022.
Budget
At Mr. Wilson’s request, Government Affairs Officer Robert Milt provided an update on the Commission’s Fiscal Year 2023 budget. Mr. Milt reported that the House passed its budget bill on April 27, 2022, which provides $2,954,467 for the Commission. He also reported that the Senate passed its budget bill on May 26, 2022, which provides $2,954,468 for the Commission. Mr. Milt said that the funding provided by the House and Senate is approximately $75,000 more than the funding included in the Governor’s budget recommendation and $288,000 more than the amount appropriated to the Commission for Fiscal Year 2022. He explained that the higher level of funding supports the new online training program and annualized cost-of-living increases for Commission staff. Mr. Milt noted that the Conference Committee will now reconcile the differences between the House and Senate budget bills.
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 said that the Strategic Sourcing Team for the Statewide Legal Case Management project expects to announce an apparent successful bidder soon as the Executive Office of Technology Services and Security has endorsed their recommendation. Chair Krokidas asked whether the Commonwealth historically has had multi-agency partnerships similar to the Legal Case Management System consortium. Mr. Milt said that, while there are statewide contracts for state-negotiated bulk purchases, the Legal Case Management System consortium is one of the first of its kind in the Commonwealth enabling smaller independent and executive branch agencies to leverage their aggregate purchasing power.
At Mr. Wilson’s request, Senior Public Information and Communications Officer Gerry Tuoti provided an update on the replacement of the Commission’s conflict of interest law online training programs. Mr. Tuoti reported that the vendor, SkillBurst Interactive, has recorded narration for the new training course and is working to complete development of the job-specific content branches of the program. He noted that the fully developed English version of the course is on track to be delivered in June, with the Spanish, Portuguese, and Chinese versions to be completed during the summer. Mr. Tuoti said that the Commission and SkillBurst Interactive have signed a statement of work for the configuration and use of a learning management platform for end-users to complete their conflict of interest law training and to electronically acknowledge their receipt of the summary of the conflict of interest law.
Chair Krokidas asked whether the Commission tracks the compliance of all public employees with the conflict of interest law education requirements. Mr. Tuoti said that, while an estimated 400,000 public employees must complete the training, the Commission only maintains the compliance records of elected state and county officials. He explained that each agency is responsible for tracking the compliance of their own employees, and employees are mandated by the conflict of interest law to comply. Chair Krokidas asked how the Commission examines whether public agencies have complied with the conflict of interest law education requirements. Mr. Tuoti said that public agencies are required to maintain compliance records in a manner enabling them to comply with requests by the Commission for production of those records. Mr. Giannotti noted that the learning management platform will enable public agencies to generate audit reports to track the compliance of their employees.
Uzbekistan Delegation
Mr. Wilson reported that a thirteen-member delegation from Uzbekistan consisting of officials from different branches of the Uzbek government visited the Commission office on April 22, 2022. He noted that the delegation was escorted by Judge Robert J. Cordy, former Associate Justice of the Supreme Judicial Court and former Assistant General Counsel to the Commission. Mr. Wilson said that the delegation met with him, General Counsel/Legal Division Chief Eve Slattery, Enforcement Division Chief Monica Brookman, Mr. Giannotti, and Legal Division Deputy Chief/SFI Lauren Duca, who each provided a brief presentation on the work of the Commission, and Commissioners Kantrowitz and Edwards, who welcomed the delegation. He noted that the delegation was particularly interested in the financial disclosure law.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for June 16, 2022 at 9:30 a.m. Following discussion, the Commission scheduled its subsequent meeting for July 26, 2022 at 9:30 a.m.
COMPENSATION OF CERTAIN COMMISSION EMPLOYEES
Following discussion, on the motion of Chair Krokidas, seconded by Vice Chair Kantrowitz, the Commission voted 5-0 to approve salary increases related to the promotions of Gerry Tuoti to Senior Public Information and Communications Officer and of Arthur Xia to Senior Program Coordinator, retroactively effective from July 1, 2021, in amounts to be determined by the Executive Director in his discretion, in consultation with the Chief Financial Officer, totaling approximately $8,500.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
On the motion of Chair Krokidas, seconded by Commissioner Edwards, the Commission voted 5-0 to approve combined merit and equity-based salary increases for the six members of the Commission’s management team, other than the Executive Director, retroactively effective from July 1, 2021, in amounts to be determined by the Executive Director in his discretion, in consultation with the Chief Financial Officer, totaling approximately $14,500.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
Public Education and Communications Division Chief David Giannotti presented his memorandum detailing Public Education and Communications Division activities for the month of April 2022.
Mr. Giannotti thanked Senior Program Coordinator Arthur Xia, Senior Public Information and Communications Officer Gerry Tuoti, Information Technology Specialist Tony Webb, and Legal Division Deputy Chief/SFI Lauren Duca for their hard work to provide logistical support for the recent adjudicatory hearing.
Mr. Giannotti reported that he conducted one remote public education seminar in April for the Inspector General’s Public Procurement Official certification program attended by 61 public employees. He also reported that he conducted a conflict of interest law briefing for the Executive Office of Public Safety and Security’s Interagency Crime Victim Certification Steering Committee attended by 15 public employees.
Mr. Giannotti said that, beginning in May, all seminars will now include information about vendors and consultants who become public employees in connection with public agency contracts having to comply with the conflict of interest law and to complete the education requirements. He explained that slide decks have been updated to include information about Advisory 06-01: Consultants and Attorneys Who Provide Services to Government Agencies May Be Public Employees Subject to the Conflict of Interest Law. Mr. Giannotti noted that he will explain that public agencies must administer the education requirements for vendors and consultants as well as agency employees.
Mr. Giannotti reported that the Public Education and Communications Division is responsible for drafting and issuing two annual publications, the Commission’s calendar year Public Resolutions and the fiscal year Annual Report. He explained that the calendar year Public Resolutions is the compilation of Disposition Agreements, Decisions and Orders, Public Education Letters, Formal Advisory Opinions, and Commission Advisories and serves as the official record of the Commission’s precedent. Mr. Giannotti noted that Public Resolutions, formerly known as the Rulings, can also be found on the Commission website as well as the State House Library and Social Law Library. He said that the fiscal year Annual Report is produced pursuant to the requirements of G.L. c. 268B, § 2(l). Mr. Giannotti stated that he prepares the Public Resolutions and Mr. Tuoti prepares the Annual Report. He reminded the Commission that the 2020 Public Resolutions and the Fiscal Year 2020 Annual Report were issued in April 2022.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for April 2022
Ms. Slattery presented the following Legal Division metrics for April 2022.
- Written advice. The Legal Division answered by letter or e-mail 65 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 20 pertained to SFIs.
| April 2021 (same month prior year) (total/SFI): | 73/39 |
| March 2022 (previous month) (total/SFI): | 68/4 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 447 requests for advice from state, county, and municipal officials. Of these requests, 99 pertained to SFIs.
| April 2021 (same month prior year) (total/SFI): | 497/128 |
| March 2022 (previous month) (total/SFI): | 503/37 |
- Review of municipal letters. Division staff reviewed 6 letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| April 2021 (same month prior year): | 1 |
| March 2022 (previous month): | 1 |
- Backlog. As of May 23, 2022, the Division has 15 pending requests for written advice that are more than 30 days old. There is a total of 25 pending requests for written advice.
SFI Summary
Legal Division Deputy Chief/SFI Lauren Duca provided an update on the Calendar Year 2021 Statement of Financial Interests (SFI) filing season. Ms. Duca reported that all current appointed public employees with a May 2, 2022 filing deadline have filed their SFIs for Calendar Year 2021. She reported that there are currently 24 elected public officials that still need to file their SFIs for Calendar Year 2021 by the May 31, 2022 filing deadline. Ms. Duca said that the SFI Team will continue to provide filing assistance to public officials and candidates before the end of their grace period on June 10, 2022. She noted that the SFI Team will also continue to work with former public employees who have not yet filed to get them filed. Vice Chair Kantrowitz asked how the SFI Team obtains the contact information of former public employees to remind them of filing deadlines. Ms. Duca explained that the SFI Team works with agency liaisons to try to locate former public employees.
Adjudicatory Matters
Ms. Slattery presented the May/June calendar of hearing dates and pre-hearing conferences in pending Commission adjudicatory proceedings. She reminded the Commission that the adjudicatory hearing regarding In the Matter of Gary Haley is scheduled for June 6-7, 2022 at 9:30 a.m.
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 issued a Notice/Order of Status Review which stated that “the complaint and all remaining claims will be dismissed” if no response is received by May 20, 2022. Ms. Slattery said that, on May 20, 2022, the court received the status review notice returned by Plaintiff requesting additional time to file a response.
Ms. Slattery reported that, in Comtois v. State Ethics Commission, Appeals Court Docket No. 2021-P-1151, the Commission filed its brief with the Appeals Court on May 13, 2022. She noted that Mr. Comtois filed a reply brief on May 27, 2022. Ms. Slattery said that she expects the hearing would likely be scheduled for this fall. Vice Chair Kantrowitz commended Assistant General Counsel T. Michael McDonald for his excellent work on the brief.
Ms. Slattery reported that, in Fournier v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2184CV2474B, Mr. Fournier filed the Rule 9A package with the court on May 20, 2022, and the hearing on Plaintiff’s Motion for Judgement on the Pleadings is scheduled for July 20, 2022.
Commission Projects
Ms. Slattery provided an update on projects discussed at prior Commission meetings. She reported that the Executive Director has substantially revised the draft telecommuting policy. Ms. Slattery said that, following further discussion with Commission staff, the draft policy will be submitted to the Audit, Finance and Human Resources Committee for review before submitting it to the Commission for final approval.
The Commission recessed at 10:28 a.m. and reconvened at 10:34 a.m.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics.
Ms. Brookman reported that the Enforcement Division moderately reduced the number of complaints in intake in April, even as complaint volume continued to rise. She welcomed back Special Investigator Paul Murray and said that she expects the Division will be able to further reduce the backlog of cases with all six full-time Special Investigators currently working. Ms. Brookman also stated that the Enforcement Division was in the process of interviewing candidates for the Assistant Enforcement Counsel position and hopes the Commission will be able to make an offer in the end of June.
EXECUTIVE SESSION
At 10:39 a.m., on the motion of Chair Krokidas, seconded by Commissioner Martinez, 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.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of May 31, 2022
- Minutes of the Commission Meeting of April 19, 2022 Public Session
- Memorandum dated May 25, 2022 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in April 2022
- Memorandum dated May 23, 2022 from General Counsel/Legal Division Chief Eve Slattery to the Commission setting forth Legal Division matters for the meeting
- Comtois v. State Ethics Commission, Appeals Court Docket No. 2021-P-1151: Appellee Brief
- Calendar of hearing dates and pre-hearing conferences in pending Commission adjudicatory matters
- Memorandum dated May 24, 2022 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning an update on pending projects
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator