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, 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 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, Vice Chair Kantrowitz, and Commissioners Martinez, Edwards and Hackshaw were all 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 Chair Krokidas, seconded by Vice Chair Kantrowitz, the Commission voted 5-0 to waive the reading and approve the public session minutes of the October 20, 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 Special Investigator Shawn McElroy, who joined the Commission staff on October 25, 2021. He informed the Commission that the second vacant Special Investigator position has been filled and the second new investigator will join the Commission staff on December 6, 2021. Mr. Wilson reported that all Commission staff positions are now filled, and the Commission now has 28 employees.
Budget
Mr. Wilson noted that there was nothing significant to report about the budget for this meeting and said he will provide a budget update at the next Commission meeting.
Ongoing Projects
At Mr. Wilson’s request, Government Affairs Officer Robert Milt provided an update on the replacement of the Commission’s legacy case management system, Ethos. Mr. Milt reported that the Legal Case Management System consortium received approval from the Executive Office of Technology Services and Security (EOTSS) to issue the Legal Case Management System RFQ (RFQ). He stated that the consortium issued the RFQ on November 16, 2021. Mr. Milt noted that vendor responses to the RFQ will be due on January 31, 2022. He said that the staff will work to finalize the Commission’s request for capital funding for Fiscal Year 2023, which is due in about two weeks. Mr. Milt thanked EOTSS Director of Contract Management Elizabeth Rooney and Deputy Director of Contract Management Borana Hajnaj for their exceptional work on the development and issuance of the RFQ.
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 the vendor, SkillBurst Interactive, drafted a script of the new training course for review by the project team. He noted that project team is currently reviewing a revised draft of the script from SkillBurst. Mr. Tuoti said that SkillBurst is currently developing draft scripts of several job-specific content branches, each of which will focus on conflict of interest law issues that public employees are most likely to encounter in certain public positions. He stated that the project team will meet with SkillBurst later this week to discuss the hosting platform and delivery component of the project.
Office Reopening
Mr. Wilson reported that most Commissions staff members are working a hybrid schedule of two or more days per week in the office. He noted that administrative staff, including administrative assistants, are working their normal schedules in the office. Mr. Wilson also reported that all Commission staff who are working in the office have been fully vaccinated and have provided proof of vaccination. He said that he expects the Commission will begin reopening the office to the public after the Thanksgiving holiday.
Vice Chair Kantrowitz asked whether the Commission staff will be required to obtain COVID-19 vaccine booster shots. Mr. Wilson responded that the Governor’s COVID-19 vaccination requirement has been adopted by the agency for Commission employees and the Governor has not yet determined whether the COVID-19 booster will be mandatory for state employees.
COGEL Conference
Mr. Wilson reported that a Commission delegation, consisting of Commissioner Edwards and eleven staff members, has been registered to attend the virtual Council on Governmental Ethics Laws (COGEL) conference scheduled for December 6-8, 2021.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for December 15, 2021 at 9:30 a.m.
COMPENSATION OF CERTAIN COMMISSION EMPLOYEES
Mr. Wilson reported that the National Association of Government Employees (NAGE) has signed a new 3-year collective bargaining agreement with the Commonwealth. He noted that the nine Commission staff members paid according to the NAGE Unit 6 Collective Bargaining Agreement salary schedule will begin receiving payments under the new Unit 6 agreement starting on November 26, 2021. Mr. Wilson said that the new Unit 6 agreement includes a 2.5% cost-of-living increase for Fiscal Year 2021 retroactive to July 2020, a 2% cost-of-living increase for Fiscal Year 2022 retroactive to July 2021, a one-time 1.5% payment, which he said he would refer to as a “bonus,” and a 2% cost-of-living increase for Fiscal Year 2023. He stated that, since the new Unit 6 agreement has now gone into effect, he was requesting that the Commission approve similar increases for the Commission employees whose compensation is not set according to the Unit 6 agreement. Mr. Wilson noted that the Commission has in recent years provided cost-of-living increases for all Commission employees, other than the Executive Director, equivalent to those received by the Commission staff paid according to the Unit 6 agreement. He reminded the Commission that a 2% salary increase was approved for all Commission employees, other than the Executive Director, whose compensation is not set according to a collective bargaining agreement, on April 15, 2021, in anticipation of a such an increase under the new Unit 6 agreement which was then being negotiated.
Chair Krokidas asked whether the Commission would have sufficient funding for the salary increases. Mr. Wilson responded that the Commission’s Fiscal Year 2022 maintenance budget includes funding for the salary increases. Chief Financial Officer Alice Wu explained that the Executive Office for Administration and Finance has committed additional financial support for the salary increases and bonus in a reserve account available to most state agencies. Chair Krokidas asked whether the Unit 6 agreement has provided one-time bonus payments in prior years. Ms. Wu responded that the one-time bonus payments are unique to this year. Chair Krokidas asked whether other state agencies similarly compensate their employees whose compensation is not set according the Unit 6 agreement. Mr. Wilson explained that agencies are permitted to provide similar increases for employees whose compensation is not set according to a collective bargaining agreement as received by employees paid under the agreement, but he does not know whether agencies other than the Commission do so. Vice Chair Kantrowitz asked how much the salary increases and one-time bonus would cost. Ms. Wu reported that the total cost of the salary increases and one-time bonus is approximately $114,000. Mr. Milt explained that the Commission had budgeted for nearly all of the total cost but will need to draw from the reserve account to fund the remaining salary increases. Chair Krokidas asked whether the Commission provides merit increases to Commission staff. Mr. Wilson said that merit increases are at the discretion of the Executive Director subject to the Commission’s approval.
On the motion of Chair Krokidas, seconded by Vice Chair Kantrowitz, the Commission voted 5-0 to authorize the Executive Director, in his discretion and in consultation with the Chief Financial Officer, to provide all Commission staff, other than the Executive Director, who are not compensated according to the NAGE Unit 6 collective bargaining agreement and who have been employed with the Commission in their current positions since no later than January 4, 2021 with the same cost-of-living salary increases for Fiscal Year 2021 and Fiscal Year 2022 and one-time bonus payment as they would receive were they compensated under the Unit 6 collective bargaining agreement; and in addition provide all Commission staff not compensated according to the NAGE Unit 6 collective bargaining agreement who, if they were Unit 6 employees, would during Fiscal Year 2022 receive step increases on the anniversary date of their employment with salary increases equivalent to the step increases they would otherwise be paid; and provide one-time bonus payments to all part-time Commission staff who have been in their current positions since no later than January 4, 2021 and who would not otherwise receive them, prorated according to the percentage of full-time employment they work.
| 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 October 2021.
Mr. Giannotti said that, while there were no press releases issued in October, there were several press releases issued in early November which he will discuss at the next Commission meeting. He reported that he conducted four public education seminars in October attended by a total of 129 public employees.
Mr. Giannotti stated that he and Program Coordinator Arthur Xia are working to establish the municipal liaison program described in Section 29 of the conflict of interest law. He explained that the law requires municipalities to designate an employee of the municipality as a liaison to the Commission. Mr. Giannotti noted that the Commission will distribute information to the liaisons, conduct educational seminars for them, and conduct audits to ensure that municipalities comply with the education and training requirements. He said that he and Mr. Xia will notify municipalities to provide new liaison designations or update their existing designations.
Chair Krokidas asked what the consequences were for employees who did not comply with the education and training requirements. Mr. Giannotti explained that whenever he learns that a public employee has failed to complete the education requirements, he will work with the agency and also contact the public employee, if necessary, to remind them of their legal obligation to complete the requirements. He said that the Commission will consider a willful refusal to complete the requirements to constitute a violation of the conflict of interest law.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for October 2021
Ms. Slattery presented the following Legal Division metrics for October 2021.
- Written advice. The Legal Division answered by letter or e-mail 41 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 11 pertained to SFIs.
| October 2020 (same month prior year) (total/SFI): | 39/1 |
| September 2021 (previous month) (total/SFI): | 42/11 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 339 requests for advice from state, county, and municipal officials. Of these requests, 5 pertained to SFIs.
| October 2020 (same month prior year) (total/SFI): | 307/10 |
| September 2021 (previous month) (total/SFI): | 354/3 |
- 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.
| October 2020 (same month prior year): | 1 |
| September 2021 (previous month): | 1 |
- Backlog. As of November 10, 2021, the Division has 3 pending requests for written advice that are more than 30 days old. There is a total of 19 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 Mr. Milt conducted four training sessions attended by a total of 112 agency SFI liaisons on the use of the SFI system and provided them with updated training materials. She said that, in preparation for the opening of the Calendar Year 2021 filing season, the SFI Team sent a request for Designation Lists to agencies which need to update and submit their lists using the SFI system within 60 days. Ms. Duca stated that the SFI Team hopes to have a contract with a vendor for support and maintenance of the SFI system during the Calendar Year 2021 filing season in place by December 2021.
Adjudicatory Matters
Ms. Slattery presented the November/December calendar of conferences/hearings in pending Commission adjudicatory proceedings. She reminded the Commission that the adjudicatory hearing regarding In the Matter of John Caplis, Docket No. 21-0005 is scheduled for December 9, 2021 at 10:00 a.m.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that on November 2, 2021, the Commission was served with an appeal in Fournier v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2184CV2474B.
Commission Projects
Ms. Slattery provided an update on projects discussed at prior Commission meetings. She reported that the Legal Committee met on November 15, 2021 to discuss a potential pro bono counsel policy. Ms. Slattery said that the Legal Division will schedule another Committee meeting within the next few weeks to continue the discussion.
Ms. Slattery requested the Commission vote to appoint attorney Joel Reck, who has extensive mediation experience, to serve as volunteer mediator. She stated that Mr. Reck is a retired partner from Brown Rudnick LLP, who has completed at least 30 hours of training and is currently serving as a mediator in real estate and commercial disputes and as an adjunct professor at Boston College Law School.
On the motion of Chair Krokidas, seconded by Vice Chair Kantrowitz, the Commission voted 5-0 to appoint attorney Joel Reck to serve as mediator.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics.
Ms. Brookman announced that a new Special Investigator, Jean Perry, will begin working with the Commission on December 6, 2021. She said that Ms. Perry has worked as an investigative journalist and freelance writer. Ms. Brookman reported that while the complaint intake continues to be higher than average, she hopes that the Division can reduce its complaint backlog with the addition of the two new Special Investigators.
EXECUTIVE SESSION
At 10:32 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.
The meeting recessed at 10:33 a.m. and reconvened at 10:45 a.m.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of November 17, 2021
- Minutes of the Commission Meeting of October 20, 2021 Public Session
- Proposed Vote for Compensation of Certain Commission Employees
- Memorandum dated November 10, 2021 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in October 2021
- Memorandum dated November 10, 2021 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
- Memorandum dated November 10, 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