PUBLIC SESSION
MEETING CONVENED
Chair Margot Botsford called the meeting to order at 9:35 a.m. Also in attendance were Vice Chair Josefina Martinez, Commissioner Wilbur P. Edwards, Jr., Commissioner Eron Hackshaw, and Commissioner Thomas A. Connors.
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 29, 2023. Chair Botsford noted that all votes at the meeting would be taken by roll call.
APPROVAL OF MEETING MINUTES
On the motion of Vice Chair Martinez, seconded by Chair Botsford, the Commission voted 5-0 to waive the reading and approve the public session minutes of the October 19, 2023 Commission meeting.
| Chair Botsford | Yes |
| Vice Chair Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Commissioner Connors | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson reported that a new Special Investigator has been hired and will start in December. Mr. Wilson said finalists for the open Assistant General Counsel position have been interviewed and that he expected a hiring decision to be made in the near future. Mr. Wilson said that although the Commission received fewer applications for these openings than has been typical in the recent past, that there were some very well qualified candidates among the pool of applicants.
New Commissioner
Mr. Wilson reported that he has been in contact with the Governor’s Boards and Commissions Office about the appointment of a new commissioner to succeed Vice Chair Martinez, whose term expired on October 11, 2023. He noted that Vice Chair Martinez has agreed to continue to serve on a holdover basis. Mr. Wilson stated that a notice of vacancy was posted by the Governor’s Boards and Commissions Office on or about November 30 and noted that such notice must be posted 30 days prior to an appointment to fill the vacancy.
Staff Training
Mr. Wilson noted that the Commission is fortunate to have three of our Enforcement Division attorneys, Candies Pruitt, John McDonald, and Victoria Giuliano, attend a week of National Institute for Trial Advocacy (NITA) training December 4-8, 2023.
Budget
Mr. Wilson provided an update on the Fiscal Year 2024 budget process. He reported that on October 30, 2023, he and Chief Financial Officer Alice Wu submitted the Commission’s Fiscal Year 2025 budget request to the Executive Office for Administration and Finance. The request is for $3,942,200, approximately $457,000 more than the Commission’s current level of funding. Mr. Wilson said the Commission’s request includes maintenance for current positions and programs, as well as expansion funding to cover the cost of a new paid internship program which would launch in summer or fall of 2024 if funded.
COGEL Conference
Mr. Wilson noted that the 45th Annual Council on Governmental Ethics Laws (COGEL) Conference is scheduled for December 3-6, 2023, in Kansas City, Missouri. He reported that the Commission will send to the conference a delegation consisting of Commissioner Edwards, Enforcement Division Chief Monica Brookman, Legal Division Staff Counsel Amy Bressler Nee, Senior Public Information and Communications Officer Gerry Tuoti, Senior Program Coordinator Arthur Xia, Special Investigator Jean Perry, and himself.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for December 21, 2023, at 9:30 a.m. The Commission scheduled meetings for January 18, February 15, and March 21, 2024, all at 9:30 a.m.
COMPENSATION OF CERTAIN COMMISSION STAFF
Mr. Wilson explained that nine Commission staff are paid according to the NAGE Unit 6 Collective Bargaining Agreement salary schedule, and the rest of the staff, other than himself, are paid salaries determined by the Executive Director in consultation with the Chief Financial Officer and approved by the Commission.
Mr. Wilson said that, during his service as Executive Director, he has adhered to a policy and practice, supported by the Commission, of maintaining salary parity and equity among all staff positions, as well as ensuring that managers are adequately compensated for their additional responsibilities. Mr. Wilson noted that in May 2023, at his request, the Commission approved merit, retention, and equity increases for Commission managers and other staff not paid according to the NAGE Unit 6 CBA in individual amounts determined by him in consultation with CFO Alice Wu retroactive to July 1, 2022, totaling approximately $30,000. He stated that in fall 2022, at his request, the Commission had approved a 2% cost of living increase, retroactive to July 1, 2022, for all managers and other non-unit 6 staff to match the 2% COLA already being received by the unit 6 employees under the then current CBA.
Mr. Wilson explained that on May 18, 2023, NAGE and the Commonwealth entered into an unusual one-year CBA for Unit 6, covering July 1, 2023 through June 30, 2024. He said the CBA calls for a 4% salary increase effective July 2023, followed by a second salary increase of 4% effective January 2024, for all positions, and an additional 1% increase for employees who are at seniority step 14 in their positions. Mr. Wilson explained that none of these Unit 6 increases have been paid to date due to the delay of the Legislature’s approval of the supplemental FY24 budget required to fund them. He stated that approval was expected soon and the increases will, to the degree necessary, be paid retroactive to July 2023.
Mr. Wilson said he is now requesting that the Commission approve the provision to the Commission’s Non-Unit 6 employees, other than himself, of salary increases in specific amounts to be determined by him in his discretion as Executive Director and in consultation with Ms. Wu which will maintain parity between their compensation and the compensation of Commission employees paid according to the Unit 6 CBA salary schedule. He said these increases would be retroactive to the same extent as the Unit 6 CBA increases and would not exceed them. Mr. Wilson said the goal of his request is for all Commission staff to receive fair and equitable compensation. In addition, Mr. Wilson said he is requesting the Commission’s approval to provide, at his discretion and in consultation with Ms. Wu, annual ‘step’ or longevity increases for junior staff comparable to those provided to Unit 6 employees.
On the motion of Commissioner Connors, seconded by Vice Chair Martinez, the Commission voted 5-0 first, to approve salary increases for Commission staff who are not paid according to the NAGE Unit 6 Collective Bargaining Agreement (“Unit 6 CBA) salary schedule, other than the Executive Director, at the discretion of the Executive Director and in consultation with the Chief Financial Officer, such as that will, in the Executive Director’s judgment: (A) ensure that the salaries of those “non-Unit 6” staff are fair and equitable relative to the salaries of staff with the same level of experience who perform the same or equivalent duties and who are compensated according to the Unit 6 CBA for Fiscal Year 2024, and (B) provide fair and equitable compensation for staff performing management duties; such increases to be retroactive to the same extent as the Unit 6 increases; and, second, to approve the continued provision of annual longevity increases for junior and mid-level staff not paid according to the Unit 6 CBA salary schedule at the discretion of the Executive Director and in individual amounts to be determined by him in consultation with the Chief Financial Officer.
| Chair Botsford | Yes |
| Vice Chair Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Commissioner Connors | 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 2023.
Mr. Giannotti reported that he conducted seven public education seminars in October attended by 251 public employees. Chair Botsford asked whether the Commission proactively contacts individual agencies or municipalities regarding the hosting of educational seminars. Mr. Giannotti responded that the current practice of having the agencies and municipalities contact him to schedule seminars works well and helps ensure that his hosts are receptive. Mr. Giannotti said that although he does not invite himself to conduct seminars at specific agencies or municipalities, the Public Education and Communications Division engages in outreach efforts to make them aware that the Commission offers seminars. Mr. Giannotti said that he regularly conducts seminars with the Massachusetts Town Clerks Association, the Massachusetts Association of Collectors and Treasurers, and staff at the Legislature.
Mr. Giannotti reported that the Division responded to 364 telephone and e-mail inquiries regarding the new online learning platform, compared with the 362 inquiries per month average over the past five months. Mr. Giannotti said the volume of calls has levelled off significantly in recent months and continues to trend downward. Mr. Giannotti stated that the Division is working with its vendor, SkillBurst Interactive, to resolve technical issues affecting a small number of users on the new online learning platform, such as undeliverable e-mail notifications, program freezes, and incorrect course completion dates appearing on certificates when those dates were manually entered by local administrators for prior compliance cycles.
Mr. Giannotti provided an update on the replacement of the Commission’s legacy case management system, Ethos. He said he and members of the project team recently viewed a demonstration of core system functions with the project vendor and that he also met with the vendor to review functionality requirements. He said the Commission has agreed to create “pick lists” for the vendor to promote uniformity in data field naming conventions and that Commission staff are being asked to assist to clean-up data in the legacy system before it is migrated to the new case management system.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for October 2023
Ms. Slattery presented the following Legal Division metrics for October 2023.
- Written advice. The Legal Division answered by letter or e-mail 53 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 7 pertained to SFIs.
| October 2022 (same month prior year) (total/SFI): | 41/11 |
| September 2023 (previous month) (total/SFI): | 58/6 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 345 requests for advice from state, county, and municipal officials. Of these requests, 9 pertained to SFIs.
| October 2022 (same month prior year) (total/SFI): | 391/13 |
| September 2023 (previous month) (total/SFI): | 378/14 |
- Review of municipal letters. Division staff reviewed 5 letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| October 2022 (same month prior year): | 1 |
| September 2023 (previous month): | 0 |
- Backlog. As of November 8, 2023, the Division has 1 pending request for written advice that is more than 30 days old. There are a total of 29 pending requests for written advice.
Adjudicatory Matters
Ms. Slattery presented the November/December calendar of conferences/hearings in pending Commission adjudicatory proceedings.
Litigation Matters
Ms. Slattery reported that there are no updates on pending litigation matters.
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on Statements of Financial Interests (SFI). She stated that the SFI Team successfully rolled over its filing system to the next filing season and sent agencies requests for CY 2023 SFI filer designation lists, with responses due back January 12, 2024. The SFI Team conducted four training sessions in October and one in November for agency SFI liaisons. Ms. Duca said a second November session will be held later in the month. Ms. Duca said that with the work of Special Assistant to Administration and SFI Rose Costa, the SFI Team was able to train more liaisons in 2023 than in any other year. Ms. Duca stated that the SFI Team is working with its vendor to resolve some minor issues with the SFI system including one involving the failure of some new filers to receive the correct filing notices.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement intake metrics. Ms. Brookman reported that the Enforcement Division kept the intake backlog relatively level in October despite an open Special Investigator position. She stated that she is excited to soon welcome new Special Investigator to the staff. Chair Botsford stated that she was impressed by the Division’s volume of work.
EXECUTIVE SESSION
At 10:46 a.m., on the motion of Chair Botsford, seconded by Commissioner Edwards, 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 Botsford | Yes |
| Vice Chair Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Commissioner 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 November 17, 2023
- Minutes of the Commission Meeting of October 19, 2023 Public Session
- Memorandum dated November 8, 2023 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in October 2023
- Memorandum dated November 8, 2023 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,
Gerry Tuoti
Senior Public Information Officer