PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:39 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 Vice Chair Kantrowitz, seconded by Commissioner Martinez, the Commission voted 5-0 to waive the reading and approve the public session minutes of the September 15, 2021, September 21, 2021, and October 1, 2021 Commission meetings.
| 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 informed the Commission that a new Special Investigator, Shawn McElroy, will join the Commission staff on October 25, 2021. He noted that the Commission is still in the process of hiring a second Special Investigator. Mr. Wilson said that Enforcement Division Chief Monica Brookman would provide a detailed update on the hiring process for two new Special Investigators during her presentation.
Budget
Mr. Wilson reported that the Commission submitted its Fiscal Year 2022 spending plan to the Executive Office for Administration and Finance on September 3, 2021. He said that Government Affairs Officer Robert Milt and Chief Financial Officer Alice Wu are currently working on the Commission’s Fiscal Year 2023 maintenance budget request, which is due on October 28, 2021. Mr. Wilson said that the Fiscal Year 2022 spending plan and Fiscal Year 2023 maintenance budget request will be presented to the Audit, Finance and Human Resources Committee at its October 26 meeting.
At Mr. Wilson’s request, Mr. Milt provided an update on the Fiscal Year 2022 spending plan and Fiscal Year 2023 maintenance budget request. Mr. Milt said that the budget team had a short period of time between submitting the Commission’s Fiscal Year 2022 spending plan and Fiscal Year 2023 maintenance budget request. He reported that the Fiscal Year 2022 spending plan provides funding for the two Special Investigator positions currently in the process of being filled. Mr. Milt said the Commission’s Fiscal Year 2023 maintenance budget request will seek funding for annualized costs, such as salaries and new costs associated with delivering the new online training program.
Ongoing Projects
Mr. Wilson said that Public Information Officer Gerry Tuoti would provide an update on the replacement of the Commission’s conflict of interest law online training programs during his presentation on Public Education and Communications Division matters.
At Mr. Wilson’s request, Mr. Milt provided an update on the replacement of the Commission’s legacy case management system, Ethos. Mr. Milt said that the Executive Office of Technology Services and Security is working closely with the Legal Case Management System consortium to issue an RFQ soon. He noted that vendor responses to the RFQ would be due in January 2022 after the holiday season.
Office Reopening
Mr. Wilson stated that the Commission has proceeded with a very gradual reopening of the office. He reported that most Commission staff are working a hybrid schedule. Mr. Wilson said that, starting September 20, non-managerial employees, other than administrative assistants, were required to work in the office one day per week and managers somewhat more frequently, and that this requirement increased to two days per week on October 18. He noted that administrative staff, including administrative assistants are working in the office close to their normal schedules. Mr. Wilson said that he expects the Commission will begin reopening the office to the public by November 1.
Chair Krokidas asked whether Commission staff are required to be vaccinated against COVID-19. Mr. Wilson said that the Commission has adopted the Governor’s COVID-19 vaccination requirement, but with a more flexible deadline to provide proof of vaccination. Chair Krokidas asked whether members of the public will also be required to be vaccinated. Mr. Wilson said that currently members of the public are only required to wear masks in the Commission office. He noted that whether the public will be required to provide proof of vaccination or negative COVID-19 tests to meet with staff is under consideration.
COGEL Conference
Mr. Wilson reported that the Commission was notified that the Council on Governmental Ethics Laws (COGEL) annual conference, previously scheduled to take place in Denver, Colorado, will instead be virtual. He invited the Commissioners and staff to let him know if they were interested in attending the virtual conference scheduled for December 6-8, 2021.
Next Meeting
Following discussion, the Commission scheduled its next meetings for November 17, 2021 at 9:30 a.m. and December 15, 2021 at 9:30 a.m.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
In the absence of Public Education and Communications Division Chief David Giannotti, Public Information Officer Gerry Tuoti presented the memorandum detailing Public Education and Communications Division activities for the month of September 2021.
Mr. Tuoti reported he issued five press releases during September 2021. He also reported that Mr. Giannotti conducted six public education seminars in September attended by a total of 165 public employees. Mr. Tuoti thanked Staff Counsel Candies Pruitt for assisting the Public Education and Communications Division by conducting a conflict of interest law briefing at the Executive Office of Public Safety and Security’s Law Enforcement Body Worn Camera Task Force meeting on September 28, 2021.
Mr. Tuoti provided an update on the replacement of the Commission’s conflict of interest law online training programs. He reported that the vendor, SkillBurst Interactive, completed an outline of the training course, which the project team reviewed and approved in September. He said that SkillBurst then drafted a script of the training course, which was delivered last week for review by the project team.
Chair Krokidas asked how many public employees must complete the conflict of interest law training. Mr. Tuoti said that while an estimated 400,000 public employees must complete the training, the Commission only maintains the compliance records of elected state and county officials. He explained that each agency has the responsibility to track the compliance of their own employees, and employees are mandated by the conflict of interest law to comply. Chair Krokidas asked how the Commission examines whether public agencies have complied with the conflict of interest law education requirements. Mr. Tuoti said that the project team will work with SkillBurst to explore potentially making a web-based delivery, tracking, and reporting platform available to public agencies who do not have their own learning management systems to track the compliance of their employees.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for September 2021
Ms. Slattery presented the following Legal Division metrics for September 2021.
- Written advice. The Legal Division answered by letter or e-mail 42 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 11 pertained to SFIs.
| September 2020 (same month prior year) (total/SFI): | 31/4 |
| August 2021 (previous month) (total/SFI): | 55/3 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 354 requests for advice from state, county, and municipal officials. Of these requests, 3 pertained to SFIs.
| September 2020 (same month prior year) (total/SFI): | 317/23 |
| August 2021 (previous month) (total/SFI): | 318/4 |
- 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.
| September 2020 (same month prior year): | 2 |
| August 2021 (previous month): | 6 |
- Backlog. As of October 14, 2021, the Division has 16 pending requests for written advice that are more than 30 days old. There is a total of 33 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 agency liaisons have been invited to attend remote training sessions next week on the use of the SFI system. She said that the SFI Team is currently working on a maintenance and service agreement with the vendor for the Calendar Year 2021 SFI filing season.
Adjudicatory Matters
Ms. Slattery presented the October/November calendar of conferences/hearings in pending Commission adjudicatory proceedings. She noted that the hearing on dispositive motions regarding In the Matter of Gary Haley, Adjudicatory Docket No. 21-0003, was held on October 19, 2021. Ms. Slattery reported that both parties agreed to mediate following the hearing. She requested the Commission vote to appoint former Commissioners Charles B. Swartwood, III and David A. Mills, who have extensive mediation experience, to serve as volunteer mediators.
On the motion of Chair Krokidas, seconded by Commissioner Edwards, the Commission voted 5-0 to appoint former Commissioners Charles B. Swartwood, III and David A. Mills to serve as mediators.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that on September 27, 2021, the Enforcement Division withdrew the summonses issued to Doe and the Keeper of Records of his business that were the subject of the litigation in [Doe] v. State Ethics Commission, Berkshire Superior Court Civil Action No. 1976CV00286. She explained that the Commission will seek to dismiss the case with a joint stipulation of dismissal.
Commission Projects
Ms. Slattery provided an update on projects discussed at prior Commission meetings.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Case Metrics and Enforcement Intake Metrics.
Ms. Brookman announced that a new Special Investigator, Shawn McElroy, will begin working with the Commission on October 25, 2021. She said that Mr. McElroy has worked as a criminal defense investigator for the Committee for Public Counsel Services for seven years and for the Fresno County Public Defender's Office for five years. Ms. Brookman said that the Division hopes to make a job offer for the second Special Investigator position soon. She said that since Special Investigator Paul Murray had recently returned from parental leave, she hopes that the Division can reduce its complaint backlog as it becomes fully staffed.
EXECUTIVE SESSION
At 10:17 a.m., on the motion of Commissioner Edwards, 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.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of October 20, 2021
- Minutes of the Commission Meeting of September 15, 2021 Public Session
- Minutes of the Commission Meeting of September 21, 2021 Public Session
- Minutes of the Commission Meeting of October 1, 2021 Public Session
- Memorandum dated October 14, 2021 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in September 2021
- Memorandum dated October 14, 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 October 13, 2021 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning an update on pending projects
- Enforcement Case Metrics
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Program Coordinator