PUBLIC SESSION
MEETING CONVENED
Vice Chair David A. Mills called the meeting to order at 9:30 a.m. Also in attendance were Commissioner Thomas J. Sartory, Commissioner R. Marc Kantrowitz, and Commissioner Josefina Martinez. Chair Maria J. Krokidas participated remotely.
REMOTE PARTICIPATION
Vice Chair Mills announced that the Commission previously voted to authorize remote participation on December 16, 2011, and that Chair Krokidas would participate remotely. Vice Chair Mills noted that all votes taken at the meeting would be taken by roll call.
APPROVAL OF MEETING MINUTES
On the motion of Commissioner Sartory, seconded by Commissioner Kantrowitz, the Commission voted 5-0 to waive the reading and approve the public session minutes of the September 19, 2019 Commission meeting.
VOTE: Chair Krokidas yes
Commissioner Mills yes
Commissioner Sartory yes
Commissioner Kantrowitz yes
Commissioner Martinez yes
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson informed the Commission that the vacant investigator position in the Enforcement Division and the newly created program coordinator position in the Public Education and Communications Division have been filled. Mr. Wilson said the new staff members were scheduled to start on November 4.
Mr. Wilson stated that Special Investigator Tim Gravel was scheduled to return from military leave in November and that, upon his return, the Enforcement Division will be fully staffed.
Mr. Wilson said that he has been in contact with the Office of the Governor’s Legal Counsel regarding the Governor’s appointment of a successor to Commissioner Mills, whose five-year term on the Commission has expired, and that the process of appointing a new commissioner remained ongoing. Commissioner Mills agreed to continue serving until his successor is appointed.
Budget
Mr. Wilson informed the Commission that he, CFO Alice Wu, and Government Affairs Officer Robert Milt have been working on the Commission’s Fiscal Year 2021 maintenance budget request, which is expected to be filed on October 18th with the Executive Office for Administration and Finance. He said the maintenance budget provides an estimate of how much funding the Commission will need to continue providing the same level of services. Mr. Wilson said the Commission expects to request an increase of approximately 4 percent over Fiscal Year 2020 levels. Mr. Wilson thanked Ms. Wu and Mr. Milt for their work on the budget. Commissioner Mills said he appreciates the work of the budget team.
Meeting with the Attorney General
Mr. Wilson reported that he and General Counsel Eve Slattery recently met with Attorney General Maura Healey and First Assistant Attorney General Mary Strother. He said that they discussed many topics, including the relationship between the Attorney General’s Office and the Commission, as well as possibilities and potential challenges of working together and with other government agencies. Mr. Wilson said he was gratified that the Attorney General expressed support for the work of the Commission and the relationship between the two agencies.
Time and Attendance
Mr. Wilson informed the Commission that, with input from staff, a revised system was recently implemented to record employee time and attendance. He reported that all time recording and approval will now be done electronically. Mr. Wilson thanked Public Information Officer Gerry Tuoti for creating an anonymous online survey to solicit input from employees, and Ms. Wu for creating the new electronic time and attendance forms. Commissioner Mills said he applauds the inclusion of staff input in the process.
McGovern Decision
Mr. Wilson invited Ms. Slattery to provide an update regarding the Appeals Court case, McGovern v. State Ethics Commission. Ms. Slattery reported that the Appeals Court affirmed the Commission’s 2016 decision that Agawam Police Lt. Edward McGovern violated the conflict of interest law. Ms. Slattery said the Appeals Court’s decision was thoughtful and detailed, and that it will be helpful precedent for the Commission in the future. Mr. Wilson thanked Ms. Slattery for her work on the matter, and thanked Legal Division Staff Counsel Norah Mallam for her work briefing and arguing for the Commission in the appeal.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for Thursday, November 21, 2019 at 9:30 a.m.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
Public Education and Communications Division Chief David Giannotti presented the monthly Public Education and Communications Division Report.
Mr. Giannotti reported that he recently conducted two conflict of interest law seminars for staff in the Governor’s Office. Mr. Giannotti said the seminars were well received and that he anticipates that new hires at the Governor’s Office will attend the bi-monthly seminars conducted at the Commission’s office.
Mr. Giannotti said that he is scheduled to visit the State Fire Academy in Stow to conduct a conflict of interest law presentation for 35 new fire chiefs.
Mr. Giannotti told the Commission that he and Mr. Tuoti were looking forward to the addition of a new Program Coordinator in the Public Education and Communications Division. Mr. Giannotti said the Program Coordinator may soon be taking the minutes of the monthly Commission meetings.
Commissioner Sartory asked about the types of information the Public Education and Communications Division provides during non-press calls. Mr. Giannotti said that he and Mr. Tuoti are always clear that they cannot discuss actual situations and that they provide general explanations of the conflict of interest law.
Commissioner Mills asked how public employees are notified of conflict of interest law seminars. Mr. Giannotti said that he distributes quarterly emails to an extensive list of email addresses. Commissioner Mills said that he had previously attended two of the seminars and complimented Mr. Giannotti on the quality of his presentations.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for July/August 2019
Ms. Slattery presented the following Legal Division metrics for September 2019.
- Written advice. The Legal Division answered by letter or email 39 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 2 pertained to SFIs.
For comparison: September 2018 (same month last year): 38
August 2019 (previous month) (total/SFI): 46/7
- Oral advice. The Legal Division attorneys provided advice by telephone or on a walk-in basis in response to 412 requests for advice from state, county and municipal officials. Of these requests, 19 pertained to SFIs.
For comparison: September 2018 (same month last year): 338
August 2019 (previous month) (total/SFI): 431/38
- Review of municipal letters. Division staff reviewed 0 letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
For comparison: September 2018 (same month last year): 0
August 2019 (previous month): 2
- Backlog. As of today, the Division has 5 pending requests for written advice that are more than 30 days old. There is a total of 24 pending requests for written advice.
Adjudicatory Matters
Ms. Slattery presented the Legal Division Calendar.
Legal Division Memorandum
Ms. Slattery presented a revised memorandum on statutory and regulatory provisions governing confidentiality of Commission proceedings.
Ms. Slattery also reported that the Commission has solicited feedback on a new draft advisory on gifts and that the new draft advisory will be presented at a future Commission meeting.
Ms. Slattery informed the Commission that on October 28, Commissioners Sartory and Martinez would be available to meet with staff to solicit input on the Executive Director’s evaluation.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Division Intake Metrics and Enforcement Division Attorney Metrics. She noted that the caseload is growing and that she is looking forward to having a fully staffed Enforcement Division in November.
EXECUTIVE SESSION
At 10:01 a.m., on the motion of Commissioner Mills, seconded by Commissioner 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.
VOTE: Chair Krokidas yes
Commissioner Mills yes
Commissioner Sartory yes
Commissioner Kantrowitz yes
Commissioner Martinez yes
Vice Chair Mills 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 October 17, 2019
- Minutes of the State Ethics Commission Meeting of September 19, 2019 Public Session
- Memorandum dated October 10, 2019 from Public Education and Communications Division Chief David Giannotti to the Commission concerning the Public Education and Communications Division report for the meeting
- Memorandum dated October 7, 2019 from General Counsel/Legal Division Chief Eve Slattery to the Commission setting forth Legal Division matters for the meeting
- Legal Division Calendar
- Appeals Court Decision in McGovern v. State Ethics Commission, No. 18-P-1060
- Memorandum dated October 8, 2019 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning confidentiality
- Enforcement Intake Metrics
- Enforcement Case Metrics
Respectfully submitted,
Gerry Tuoti
Public Information Officer