PUBLIC SESSION
MEETING CONVENED
Chair Margot Botsford called the meeting to order at 10:04 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 Chair Botsford, seconded by Vice Chair Martinez, the Commission voted 5-0 to waive the reading and approve the public session minutes of the September 21, 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 the Legal Division and the Enforcement Division have been conducting interviews for the open Assistant General Counsel and Special Investigator positions, respectively. He explained that the Commission has received a historically low number of applications due to a slow job market and growing competition from other agencies offering higher pay. Mr. Wilson noted that the Commission has nevertheless received applications from very qualified candidates for both open positions. Chair Botsford asked whether both positions are new positions or replacement hirings. Mr. Wilson explained that while the Assistant General Counsel position is new, the Special Investigator position is a vacancy left by the departure of former Special Investigator Lynn Edmonds. Commissioner Hackshaw asked whether the Commission plans to fill the vacancy left by former Government Affairs Officer Robert Milt. Mr. Wilson explained that the position of Government Affairs Officer has not been posted, that many of the duties and responsibilities of that position have been assigned to other Commission staff, and that a redefined position will eventually be posted.
Budget
Mr. Wilson provided an update on the Fiscal Year 2024 budget process. He reported that the Commission’s Fiscal Year 2024 spending plan, which was submitted to the Executive Office for Administration and Finance on September 13, 2023, was approved on October 6, 2023, as submitted. Mr. Wilson stated that he and Chief Financial Officer Alice Wu are currently working on the Commission’s Fiscal Year 2025 budget request, which is due by October 30, 2023. He noted that the Governor’s Office is expected to release the Governor’s Fiscal Year 2025 budget by late January 2024.
Ongoing Projects
Mr. Wilson reported that Public Education and Communications Division Chief David Giannotti has taken over as the manager of the project to replace of the Commission’s legacy case management system, Ethos, and will update the Commission on that project during his regular monthly report on the Public Education and Communications Division. He further noted that, as the new online training program and learning management system are now fully operational, those matters will now be discussed as needed as part of the monthly Public Education and Communications Division report.
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 until her successor is appointed and sworn in. Mr. Wilson stated that he has been informed that a notice of vacancy will soon be posted by the Governor’s Boards and Commissions Office and noted that such notice must be posted 30 days prior to an appointment to fill the vacancy.
COGEL Conference
Mr. Wilson said 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, and Special Investigator Jean Perry.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for November 16, 2023, at 9:30 a.m. Following discussion, the Commission rescheduled its next meeting for November 17, 2023, 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 for the month of September 2023.
Mr. Giannotti reported that Senior Public Information Officer Gerry Tuoti issued four press releases in September. Mr. Giannotti reported that he conducted five public education seminars in September attended by 200 public employees.
Mr. Giannotti reported that the Division responded to 425 telephone and e-mail inquiries regarding the new online learning platform, compared with the 362 inquiries per month average over the past five months. He thanked Mr. Tuoti and Senior Program Coordinator Arthur Xia for handling help desk inquiries while also managing their day-to-day responsibilities.
Mr. Giannotti provided an update on the replacement of the Commission’s legacy case management system, Ethos. He reported that the vendor is currently developing screens to demonstrate how the new legal case management system platform will accommodate the business processes of the Commission and noted that the vendor is onboarding additional staff for the development of the screens. Mr. Giannotti stated that a vendor demonstration of limited core functions will be provided in the coming weeks. He reported that the vendor is also working with the Executive Office of Technology Services and Security to provide VPN access to the Commission’s Ethos database files. Mr. Giannotti stated that the project team is reviewing a spreadsheet prepared by the vendor of user case stories that illustrate the business needs and workflows of the Commission. Chair Botsford asked whether the vendor will provide screens to the other agencies of the legal case management system consortium. Mr. Giannotti explained that the vendor will soon develop a common model to meet the core functionalities of all participating agencies as they also work on the minimum viable product for the Commission. Commissioner Edwards asked whether the legacy case management system, Ethos, will be used in conjunction with the new legal case management system platform. Mr. Giannotti explained that the legacy case management system will be necessary until its data is properly migrated to the new legal case management system platform.
Mr. Giannotti stated that the Division is working with its vendor, SkillBurst Interactive, to resolve technical issues with the new online learning platform, such as undeliverable e-mail notifications, program freezes, and incorrect course completion dates appearing on certificates. He reported that the Division met with SkillBurst this week to prepare the online learning platform for the 2024 compliance cycle.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division. She reported that the requests for advice appeared to be returning to pre-pandemic levels.
Ms. Slattery reported that the Legal Division has been conducting interviews for the open Assistant General Counsel position. She noted that, despite advertisements in Massachusetts Lawyers Weekly, State House News, Baystate Banner, the Massachusetts Bar Association, Affinity Bar Associations, and local law schools, the number of applicants has significantly decreased compared to the last time that the position was posted.
Legal Division Metrics for September 2023
Ms. Slattery presented the following Legal Division metrics for September 2023.
- Written advice. The Legal Division answered by letter or e-mail 58 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 6 pertained to SFIs.
| September 2022 (same month prior year) (total/SFI): | 42/1 |
| August 2023 (previous month) (total/SFI): | 50/0 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 378 requests for advice from state, county, and municipal officials. Of these requests, 14 pertained to SFIs.
| September 2022 (same month prior year) (total/SFI): | 400/8 |
| August 2023 (previous month) (total/SFI): | 340/2 |
- 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.
| September 2022 (same month prior year): | 0 |
| August 2023 (previous month): | 1 |
- Backlog. As of October 10, 2023, the Division has 0 pending requests for written advice that are more than 30 days old. There are a total of 11 pending requests for written advice.
Adjudicatory Matters
Ms. Slattery presented the October/November calendar of conferences/hearings in pending Commission adjudicatory proceedings. She reminded the Commission that the in-person adjudicatory hearing regarding In the Matter of Joseph Solomon is scheduled for April 23-26, 2024.
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). Ms. Duca reported that the SFI Team has conducted two training sessions this week for agency SFI liaisons on their responsibilities under the financial disclosure law and how to use the SFI system. She noted that there are two more training sessions scheduled for next week and one more session scheduled for the first week of November. At Chair Botsford’s request, Ms. Duca provided an overview of the duties and responsibilities of the agency SFI liaisons. Ms. Duca reported that the SFI Team has identified some technical issues with the SFI system regarding the notices sent to new filers. She noted that the SFI Team is currently working with the vendor under the maintenance and support agreement to resolve them.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Case Metrics and Enforcement Intake Metrics. Ms. Brookman reported that the Enforcement Division has been keeping the intake backlog relatively steady in September despite an open Special Investigator position. She stated that she hopes to make a recommendation to Mr. Wilson for the Special Investigator position this week.
EXECUTIVE SESSION
At 10:53 a.m., on the motion of Chair Botsford, seconded by Vice Chair 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 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.
The Commission recessed at 10:54 a.m. and reconvened at 11:06 a.m.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of October 19, 2023
- Minutes of the Commission Meeting of September 21, 2023 Public Session
- Memorandum dated October 12, 2023 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in September 2023
- Memorandum dated October 10, 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 Case Metrics
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator