PUBLIC SESSION
MEETING CONVENED
Chair Margot Botsford called the meeting to order at 10:44 a.m. Also in attendance were Commissioner Wilbur P. Edwards, Jr., Commissioner Eron Hackshaw, and Commissioner Thomas A. Connors. Commissioner Hackshaw participated remotely.
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 Chair Botsford, seconded by Commissioner Connors, the Commission voted 4-0 to waive the reading and approve the public session minutes of the October 24, 2024 Commission meeting.
| Vote: | |
|---|---|
| Chair Botsford | 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 the Commission has been conducting first-round interviews for the open Administrative Assistant/Receptionist position. He noted that the Commission received over 105 applications for the position and said he hopes to fill the position by early to mid-December. Mr. Wilson thanked Administrative Assistants Theresa Meli Omodei and Carolyn Teehan and Special Assistant to Administration and SFI Rose Costa for their extra help with the coverage of the Commission’s front desk and main telephone while a new receptionist is being sought.
Budget
Mr. Wilson provided an update on the Commission’s budget. He reported that, since the Commission’s October meeting, he, Chief Financial Officer Alice Wu, and Government Affairs Officer Jennifer McCullough submitted the Commission’s Fiscal Year 2026 budget request for $4,099,645, approximately $435,000 more than the Commission’s current level of funding, to the Executive Office for Administration and Finance. Mr. Wilson said that, as he understood it, the budget for the next fiscal year remains uncertain as the migrant and homelessness crisis, the collapse of Steward Health Care, and a decline in collected tax revenue have significantly negatively impacted the state’s economic outlook for the coming year. He noted that the Commonwealth also may be liable for approximately $2.5 billion in erroneously disbursed federal relief funds. Mr. Wilson stated that the Commission’s Fiscal Year 2026 budget request is for maintenance funding, including for annualized cost-of-living increases for Commission staff and for a new Public Education and Communications Division applications support position to provide technical assistance for the online learning platform, SFI system, and new legal case management system.
Mr. Wilson reported that the House and Senate have not yet reconciled differences between their respective versions of the Fiscal Year 2024 closeout supplemental budget bill, which includes $66,500 in unspent Commission Fiscal Year 2024 funds to be carried over to this fiscal year. Mr. Wilson further noted that the Commission is also seeking to have several technical, non-substantive revisions to certain sections of the conflict of interest law and financial disclosure law included in the Governor’s supplemental budget.
Ongoing Projects
Mr. Wilson reported that the new project for the replacement of the Commission’s existing SFI filing system was not selected for the Fiscal Year 2026 Phase 2 capital funding round. He noted that the Commission will continue to submit a Phase 2 project application to Executive Office of Technology Services and Security (EOTSS) and may consider submitting an emergency funding request for a project consultant.
COGEL Conference
Mr. Wilson noted that the Commission will send a delegation of six staff members to the upcoming COGEL Annual Conference in Los Angeles in December consisting of Enforcement Staff Counsel Candies Pruitt, Legal Staff Counsel Norah Mallam, Special Investigator Linda Walsh-Romano, Senior Public Information Officer Gerry Tuoti, Senior Program Coordinator Arthur Xia, and himself.
New Commissioner
Mr. Wilson stated that there is nothing to report regarding the appointment of a new Commissioner to succeed Vice Chair Martinez.
Staff Training
Mr. Wilson reported that the Commission staff would participate in a training program on deaf and hard of hearing issues facilitated by the Massachusetts Commission for the Deaf and Hard of Hearing following the meeting.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for December 19, 2024 at 9:30 a.m. Following discussion, the Commission scheduled its subsequent meeting for January 22, 2025 at 9:30 a.m.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
Public Education and Communications Division Chief David Giannotti presented his memorandum detailing Public Education and Communications Division activities during the month of October 2024.
Mr. Giannotti thanked General Counsel/Legal Division Chief Eve Slattery for conducting a conflict of interest law briefing, on November 8, 2024, for the Firearms Control Advisory Board, which was newly formed to advise the Executive Office of Public Safety and Security.
At Mr. Giannotti’s request, Senior Public Information Officer Gerry Tuoti provided an update on the online conflict of interest law training platform. Mr. Tuoti stated that the Division is working with the vendor, SkillBurst Interactive, to prepare the online learning platform for the 2025 compliance cycle. He noted that the training site will be unavailable on January 1-2, 2025, in order for the vendor to complete the work. Mr. Tuoti explained that public employees will not be able to fulfill a 2024 education requirement once the system rollover is complete. He reported that the Division has notified all agency local administrators about the system rollover process and to request that they remind their employees to complete all courses due in 2024 by the end of December.
Mr. Tuoti reported that a statement of work has been finalized for additional branched content in the Commission’s online conflict of interest law training program for Legislative staff. He noted that a kickoff meeting will be scheduled for the first week of December to discuss the development of the branched content.
Chair Botsford asked why there was a substantial number of help desk inquiries received on October 30, 2024. Mr. Tuoti explained that the uptick may be due to school districts requesting faculty and staff to complete the education requirements around the start of the new school year. Mr. Giannotti then explained that the number of help desk inquiries received typically increases when agencies send automatic reminder messages to employees to complete the education requirements, and employees contacting the Commission to either inquire about the messages or to request technical support from the Commission. He noted that, in Calendar Year 2025, all public employees will be required to acknowledge receipt of the summary of the conflict of interest law and those who did not complete the training program in 2024 will be required to complete it in 2025.
At Mr. Giannotti’s request, Senior Program Coordinator Arthur Xia provided an update on the Commission’s use of social media. Mr. Xia reported that the Commission has increased its number of LinkedIn followers to 361, a 105% increase from the 176 followers as reported in October 2024. He thanked Ms. McCullough, Mr. Tuoti and Special Assistant to Administration and SFI Rose Costa for inviting their LinkedIn connections to follow the Commission’s LinkedIn page. Mr. Xia explained that LinkedIn pages are granted monthly invitation credits for inviting LinkedIn connection to follow their page. He noted that, while the Commission already used the maximum number of invitation credits for this month, the invitation credit limit renews on the first day of every month. Mr. Xia reported that the higher number of LinkedIn followers has resulted in a 330% increase in page views, 560% increase in unique visitors, and 112% increase in post impressions in the last 30 days. He further reported that the Commission’s LinkedIn page now has more followers than the LinkedIn page of the U.S. Office of Congressional Ethics and will soon surpass the Oregon Government Ethics Commission’s LinkedIn page. Mr. Giannotti thanked Mr. Tuoti for his hard work with the online training platform changes and Mr. Xia for his hard work on the Commission’s LinkedIn page.
Chair Botsford asked whether the information conveyed to the reporter, who asked how the conflict of interest law would apply to an elected municipal employee proposing to increase their own salary, made it clear why such conduct would constitute a violation of the conflict of interest law. Mr. Giannotti explained that, in responding to calls, Commission staff are mindful of strict confidentiality requirements imposed by statute, and Commission staff do not confirm or deny whether the Commission has received any complaints or is conducting any investigations. He noted that Mr. Tuoti not only provided a general explanation of the conflict of interest law but also directed the reporter to a relevant formal opinion. Mr. Tuoti explained that, while he does not discuss actual situations in conversations with reporters, he generally explains the conflict of interest law in a manner that enables the reporters to understand the law’s application General Counsel/Legal Division Chief Eve Slattery reported that the Legal Division is currently preparing a draft advisory about public employees voting on their own salaries that will provide more information about how the conflict of interest law applies to those particular situations.
Mr. Giannotti provided an update on the Legal Case Management System project. He reported that user acceptance testing is currently ongoing with the goal of launching the new system by the end of the calendar year. Mr. Giannotti thanked the Commission staff for assisting with user acceptance testing while also managing their day-to-day responsibilities. He noted that the Commission has made a lot of progress with user acceptance testing and said that he hopes to have it completed by Thanksgiving.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for October 2024
Ms. Slattery presented the following Legal Division metrics for October 2024.
- Written advice. The Legal Division answered by letter or e-mail 55 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 3 pertained to SFIs.
| For comparison: | |
|---|---|
| October 2023 (same month prior year) (total/SFI): | 53/7 |
| September 2024 (previous month) (total/SFI): | 44/1 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 338 requests for advice from state, county, and municipal officials. Of these requests, 0 pertained to SFIs.
| For comparison: | |
|---|---|
| October 2023 (same month prior year) (total/SFI): | 345/9 |
| September 2024 (previous month) (total/SFI): | 322/3 |
- 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.
| For comparison: | |
|---|---|
| October 2023 (same month prior year): | 5 |
| September 2024 (previous month): | 0 |
- Backlog. As of November 13, 2024, the Division has 0 pending request for written advice that is more than 30 days old. There are a total of 17 pending requests for written advice.
Adjudicatory Matters
Ms. Slattery presented the November/December calendar of conferences/hearings in pending Commission adjudicatory proceedings. She noted that a motion hearing regarding In the Matter of Scott Callahan is scheduled for December 19, 2024 at 9:30 a.m., and that a motion hearing regarding In the Matter of Jessica Santiago is scheduled for December 19, 2024 at 10:00 a.m.
In the Matter of Thomas Brady, Docket No. 24-0026 (Order to Show Cause issued November 13, 2024): Chair Botsford was assigned as the presiding officer. Staff Counsel Norah Mallam will serve as legal advisor.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in Commonwealth v. Spaulding, Supreme Judicial Court Docket No. SJC-13615, the oral argument for the case was held on November 6, 2024, which she attended. Ms. Slattery said that based on the judges’ questions to the parties, it did not appear the Court was necessarily considering an interpretation of “unwarranted privilege” in G.L. c. 268A, § 23(b)(2)(ii) that was different from that of the Commission as set forth in the Legal Division’s amicus letter. She noted that the matter is currently under advisement.
Revised Internal Control Plan
Ms. Slattery presented the draft revised internal control plan for review by the Commission. She stated that all state agencies are required by law to have internal control plans established in accordance with guidelines prepared by the Office of the Comptroller. Ms. Slattery explained that the plan includes standards, policies, and procedures to minimize risk of fraud, waste, and abuse as the Commission seeks to fulfill its mission. She said that the plan should be reviewed and revised, at least annually, to address any new or changing risk and to ensure adequate policies and procedures are in place to mitigate for that risk. Ms. Slattery noted that the Commission had last revised its Internal Control Plan at its April 9, 2020 meeting. Commissioner Connors asked whether the use of a collection law firm to work on certain matters with unpaid civil penalties has been cost-effective. Ms. Slattery explained that the Commission is responsible for making diligent efforts to collect unpaid penalties, and the law firm can perform debt collection legal services on a contingent fee basis so Commission attorneys would not have to. She noted that Comptroller regulations allow a state agency to add a collection penalty equal to the amount of the contingent fee percentage to the civil penalty owed, so there are no costs to the Commission to use the services of the law firm.
On the motion of Chair Botsford, seconded by Commissioner Connors, the Commission voted 4-0 to approve the draft revised Internal Control Plan as presented to the Commission at the meeting.
| Vote: | |
|---|---|
| Chair Botsford | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Commissioner Connors | Yes |
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on Statements of Financial Interests (SFI) for Calendar Year 2024. Ms. Duca reported that Special Assistant to Administration and SFI Rose Costa conducted four training sessions, as well as two Q&A sessions, in October for agency liaisons on the use of the SFI system. She reported that the SFI Team finalized the request for Designation Lists for CY 2024, which was sent out on November 6, 2024. Ms. Duca explained that agencies have sixty days to submit their Designation Lists to the Commission using the SFI system, which are due January 6, 2025. She noted that the SFI system cannot be opened for the CY 2024 filing season until all Designation Lists have been received, and that the SFI filing season is on track for the earliest opening in nearly a decade.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics for October. She reported that, while the Enforcement Division continued to receive a higher-than-average number of complaints – 94 complaints received in October as compared to the average monthly number of complaints received in fiscal years 2022 to 2024 of 72 – the Division successfully kept the complaint backlog to fewer than ten cases. Ms. Brookman noted that there were no particular trends that explain why the number of complaints received in the last several months have been so high. Chair Botsford commended the Enforcement Division for managing a very high number of cases.
PERFORMANCE EVALUATION OF EXECUTIVE DIRECTOR
Commissioner Connors stated that the Commission will table the discussion of the performance evaluation of the Executive Director until the next Commission meeting when Commissioner Hackshaw is in attendance in-person.
EXECUTIVE SESSION
At 11:32 a.m., on the motion of Chair Botsford, seconded by Commissioner 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 |
| 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 21, 2024
- Minutes of the Commission Meeting of October 24, 2024 Public Session
- Memorandum dated November 14, 2024 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in October 2024
- Memorandum dated November 13, 2024 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
- Draft Revised Internal Control Plan dated November 14, 2024
- Draft Revised Internal Control Plan dated November 14, 2024 (Redlined)
- Enforcement Intake Metrics
- Performance Evaluation Form for Executive Director David A. Wilson (Evaluation Period: 7/1/21 to 6/30/24)
Respectfully submitted,
Arthur Xia
Senior Program Coordinator