PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:30 a.m. Also in attendance were Vice Chair R. Marc Kantrowitz, Commissioner Josefina Martinez, Commissioner Wilbur P. Edwards, Jr., and Commissioner Eron Hackshaw.
REMOTE PARTICIPATION
Chair Krokidas announced that the meeting would take place in-person with remote access provided to the public pursuant to the law signed by Governor Baker on July 16, 2022 extending certain COVID-19 measures adopted during the state of emergency. 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 8, 2022 Commission meeting.
| 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 welcomed new Assistant Enforcement Counsel Jenny Wojewoda, who joined the Commission staff on September 12, 2022.
Mr. Wilson stated that the Commission office reopened to the public. He noted that mask wearing is still required in common areas of the Commission office, but visitors are not required to be vaccinated.
Budget
At Mr. Wilson’s request, Government Affairs Officer Robert Milt provided an update on the Fiscal Year 2023 spending plan and Fiscal Year 2024 budget request. Mr. Milt reported that the Commission submitted its Fiscal Year 2023 spending plan to the Executive Office for Administration and Finance, which approved it on October 11, 2022. He stated that, on October 14, 2022, the Executive Office for Administration and Finance requested the Commission’s Fiscal Year 2024 spending plan, which is due by October 28, 2022. Mr. Milt explained that the Commission’s Fiscal Year 2024 budget request will seek funding for annualized costs, such as salaries and additional costs associated with delivering the new online training program and legal case management system. He praised Chief Financial Officer Alice Wu’s work on the budget.
Ongoing Projects
At Mr. Wilson’s request, Senior Public Information and Communications Officer Gerry Tuoti provided an update on the replacement of the Commission’s conflict of interest law online training programs. Mr. Tuoti reported that the final English-language version of the new conflict of interest law online training course and the Spanish and Portuguese close-captioned translations have been delivered by the vendor, SkillBurst Interactive. He noted that the Chinese close-captioned translations are expected to be delivered soon. Mr. Tuoti stated that the Public Education and Communications Division has completed work on promotional materials and notified all state and county agencies and municipalities and independent municipal districts about the new online training program hosted on the Commission’s own learning management system. He explained that public agencies who wish to use the learning management system were asked to provide their choice of a local administrator, who will be able to automatically track compliance, generate reports, and send reminder messages to employees. Mr. Tuoti reported that more than 260 public agencies have signed up in less than a week since the initial notice was distributed. He said that the vendor will create an on-demand training module that provides instructions for local administrators.
Chair Krokidas asked how long the current online training program has been in use. Mr. Tuoti said that the current program has been in use for more than ten years. Mr. Wilson invited the Commissioners to view the program launch announcement on the Commission website to view the promotional videos. Mr. Milt explained that the cost of the new online training program is covered by funding from the Executive Office of Technology Service and Security (EOTSS); however, the yearly subscription costs for the learning management system will come from the Commission’s operating budget. He noted that the per-user cost will be relatively low considering how many public employees will be served through the new online training program.
At Mr. Wilson’s request, Mr. Milt provided an update on the replacement of the Commission’s legacy case management system, Ethos. Mr. Milt reported that EOTSS is finalizing its implementation services agreement with Arbola and a project management contract with BerryDunn. He said that he will provide further information about the governance plan for the project at the next Commission meeting.
Mr. Wilson thanked Mr. Tuoti and Mr. Milt for their leadership and diligence in managing the two projects.
COGEL Conference
Mr. Wilson said that the annual Council on Governmental Ethics Laws (COGEL) Conference is scheduled for December 4-7, 2022 in Montreal. He reported that the Commission will send to the conference a delegation consisting of seven Commission staff, representing all Divisions of the Commission, and Commissioner Hackshaw.
Ice Cream Social
Mr. Wilson reported that the Commission’s ice cream social was held on September 15, 2022 and was attended by many Commission staff.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meeting is scheduled for November 17, 2022 at 9:30 a.m. Following discussion, the Commission scheduled its subsequent meeting for December 15, 2022 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 2022.
Mr. Giannotti reported that he conducted seven public education seminars in September attended by 309 public employees. He thanked Senior Assistant Enforcement Counsel Victoria Giuliano for conducting a conflict of interest law briefing for the Executive Office of Health and Human Services MassHealth leadership team. Mr. Giannotti noted that more public agencies are requesting in-person public education seminars as opposed to remote seminars, so he is traveling more to conduct educational seminars.
Mr. Giannotti stated that the Public Education and Communications Division has promoted the new conflict of interest law online training course via the Commission’s website and notified all public agencies by e-mail about the upcoming launch of the new program and hosting platform. He noted that the notifications and web promotional page encourage public agencies to sign up to use the learning management platform via Google Forms. Mr. Giannotti thanked Senior Program Coordinator Arthur Xia for creating the promotional page and a Commission YouTube channel to host the promotional videos prepared by Skillburst. He also thanked Mr. Tuoti for creating the Google Forms document for public agencies to use to notify the Commission of their intent to either use the Commission’s hosting platform or their own platform.
Mr. Giannotti reported that 265 public agencies have signed up to use the Commission’s learning management platform so far, including 157 municipalities, 31 state agencies, 36 regional school districts, 17 charter schools, 20 independent municipal utilities and 4 counties or county agencies. He noted that only five agencies have declined because they will be able to host the new online training program on their own learning management platforms or intranet sites. Mr. Giannotti reported that, to date, 856 website visitors have reviewed the promotional page and 783 visitors have reviewed the promotional videos.
Mr. Giannotti reported that all 85 opinions from 1985 have been uploaded to the Commission website, and work will now begin to upload 139 opinions from 1984. He thanked Administrative Assistant Nubia Villarroel for her hard work on the project.
Vice Chair Kantrowitz asked about the types of public records requests being submitted to the Commission and the public records being requested. Mr. Tuoti, who also serves as the Commission's Records Access Officer, said that the number of public records requests and who requests them can vary month-to-month, but there are a consistent number of reporters who are interested in disclosure forms filed with the Commission. He explained that, under guidance from the Secretary of the Commonwealth’s Office, Commission staff does not ask why records are being requested. Mr. Tuoti said that some public records requests come from concerned citizens, who believe there may be violations of the conflict of interest law in their communities, journalists, advocacy groups, and political consultants. He noted that, due to requirements for confidentiality imposed on the Commission by statute, he neither confirms nor denies whether any matter is under review and denies requests for documents related to complaints and legal advice provided by the Commission, which are exempted by statute from disclosure.
Vice Chair Kantrowitz asked whether the Commission staff participate in any cybersecurity trainings. Mr. Giannotti explained that Information Technology Specialist Tony Webb regularly notifies the Commission staff about spam and phishing messages and other cybersecurity issues.
Chair Krokidas commended Mr. Xia for providing technical support for all remote Commission meetings and hearings.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Ms. Slattery reported that the number of requests for advice rose slightly due most likely to increased political activity during election season. She said that the Legal Division expects more requests for advice than usual in December and January as a result of the incoming and departing administrations. Ms. Slattery noted that Assistant Agency Counsel John C. McDonald, who is assigned to both the Enforcement and Legal Divisions but has for the past year worked primarily with the Enforcement Division, began work for the Legal Division by taking Attorney of the Day telephone calls in October.
Legal Division Metrics for September 2022
Ms. Slattery presented the following Legal Division metrics for September 2022.
- 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, 1 pertained to SFIs.
| September 2021 (same month prior year) (total/SFI): | 42/11 |
| August 2022 (previous month) (total/SFI): | 62/4 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 400 requests for advice from state, county, and municipal officials. Of these requests, 8 pertained to SFIs.
| September 2021 (same month prior year) (total/SFI): | 354/3 |
| August 2022 (previous month) (total/SFI): | 377/14 |
- 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 2021 (same month prior year): | 1 |
| August 2022 (previous month): | 3 |
- Backlog. As of October 7, 2022, the Division has 10 pending requests for written advice that are more than 30 days old. There is a total of 14 pending requests for written advice.
Vice Chair Kantrowitz asked what kind of requests for advice the Legal Division typically receives from public employees. Ms. Slattery said that the Legal Division often receives inquiries from public employees who ask about how their private positions may conflict with their public positions. Vice Chair Kantrowitz asked whether the advice that the Legal Division provides to public employees are available to the public. Ms. Slattery explained that the advice that the Legal Division provides to public employees is statutorily required to be kept confidential.
SFI Summary
Legal Division Deputy Chief/SFI Lauren Duca presented her memorandum on the Calendar Year 2021 Statement of Financial Interests (SFI) filing season. Ms. Duca reported that the Calendar Year 2021 SFI filing season had one of the earliest opening dates with 3,996 total filers, which is a 6% increase in the number of filers from the prior filing year. She also reported that the filer compliance rate was 96.2%, which is one of the highest compliance rates in recent years. Ms. Duca noted that only one filer, a former appointed public employee, was referred to the Enforcement Division for non-compliance. She thanked the SFI Team, consisting of Mr. Milt, Mr. Webb, and Administrative Assistant Theresa Meli Omodei, for their hard work which resulted in a very successful filing season.
Ms. Duca provided an update on the Calendar Year 2022 SFI filing season. She reported that the SFI Team will schedule and conduct training sessions for agency SFI liaisons on their responsibilities under the financial disclosure law and how to use the SFI system. Ms. Duca stated that the SFI Team is continuing its efforts to establish a service and maintenance agreement with a vendor for the upcoming SFI filing season.
Adjudicatory Matters
Ms. Slattery presented the October/November calendar of conferences/hearings in pending Commission adjudicatory proceedings.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in Comtois v. State Ethics Commission, Appeals Court Docket No. 2021-P-1151, oral arguments were held on October 13, 2022, and Assistant General Counsel T. Michael McDonald argued for the Commission. Vice Chair Kantrowitz commended Mr. McDonald for his work on the brief.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Case Metrics and Enforcement Intake Metrics.
Ms. Brookman welcomed new Assistant Enforcement Counsel Jenny Wojewoda to the Enforcement Division. She also noted that complaint backlog has continued to drop and said that she expects most of the backlog will be reduced by the end of the year.
Chair Krokidas commended the Enforcement Division for their impressive effort regarding In the Matters of Susan Anderson, et al. She noted that the adjudicatory proceedings served as an exceptional lesson in trial advocacy.
EXECUTIVE SESSION
At 10:37 a.m., on the motion of Chair Krokidas, seconded by Vice Chair 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.
| 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, 2022
- Minutes of the Commission Meeting of September 8, 2022 Public Session
- Memorandum dated October 13, 2022 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in September 2022
- Memorandum dated October 7, 2022 from General Counsel/Legal Division Chief Eve Slattery to the Commission setting forth Legal Division matters for the meeting
- Memorandum dated October 12, 2022 from Legal Division Deputy Chief/SFI Lauren E. Duca to the Commission concerning the Calendar Year 2021 SFI filing season
- 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