PUBLIC SESSION
MEETING CONVENED
Commission Vice Chair and Committee Chair Josefina Martinez called the meeting to order at 12:26 p.m. Also in attendance were Committee member and Commission Chair Margot Botsford and Committee member and Commission Executive Director David A. Wilson.
REMOTE PARTICIPATION
Committee Chair Martinez 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, and noted that all votes at the meeting would be taken by roll call.
APPROVAL OF MEETING MINUTES
On the motion of Committee Chair Martinez, seconded by Mr. Wilson, the Committee voted 3-0 to waive the reading and approve the public session minutes of the September 11, 2023 Committee meeting.
| Vote: | |
|---|---|
| Committee Chair Martinez | Yes |
| Committee Member Botsford | Yes |
| Committee Member Wilson | Yes |
DISCUSSION
The Commission’s Internal Control Plan
General Counsel/Legal Division Chief Eve Slattery presented a memorandum, dated October 21, 2024, regarding the draft revised Internal Control Plan. Ms. Slattery 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 of the Commonwealth. She said that the Internal Control Plan is intended to be a living document that would 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 that risk. She noted, however, that the Commission last approved its Internal Control Plan on April 9, 2020, in response to the COVID-19 pandemic. She explained that the plan has, nevertheless, remained effective and appropriate, but that updated guidelines from the Comptroller’s Office and new activities by the Commission made it appropriate to revise the plan at this time. She reported that the Comptroller’s Office had provided feedback on the draft revised Internal Control Plan the prior month, which was incorporated into the revised draft submitted for review by the Committee. She noted that the Commission staff made one substantive change based on the Comptroller’s Office’s feedback, i.e., to designate the General Counsel to be responsible for reporting all unaccounted-for variances, losses, or shortages or thefts of funds or property to the State Auditor’s Office.
Chair Botsford noted that the draft did not reference G.L. c. 268B on page 3 regarding training for new hires by members of the Legal Division. Mr. Wilson added that the plan should also reference the Commission’s regulations. Committee Chair Martinez asked whether Ms. Slattery anticipated further revisions to the Commission’s Internal Control Plan. Ms. Slattery responded that, because the Commission is relatively small compared to larger agencies, significant changes were unlikely, although updates would be made as necessary to address technology and other risk factors.
On the motion of Mr. Wilson, seconded by Committee Chair Martinez, the Committee voted 3-0 to submit the draft revised Internal Control Plan to the full Commission for final approval at its next meeting on November 21, 2024.
| Vote: | |
|---|---|
| Committee Chair Martinez | Yes |
| Committee Member Botsford | Yes |
| Committee Member Wilson | Yes |
The Commission’s Spending Plan for Fiscal Year 2025
At Mr. Wilson’s request, Chief Financial Officer Alice Wu and Government Affairs Officer Jennifer McCullough provided an update on the Commission’s Fiscal Year 2025 spending plan. Ms. Wu reported that the Commission spent $3,390,984 in Fiscal Year 2024 and had unspent funds totaling $94,047 due to staff turnover. She stated that the Commission submitted a request to the Executive Office for Administration and Finance for the unspent funds to be carried over into Fiscal Year 2025. Ms. McCullough noted that, while the Commission requested to carry over the full amount of unspent funds, only $66,500 may be carried over, pending legislative approval. Ms. Wu provided a brief explanation of each category of spending in Fiscal Year 2025. Ms. McCullough explained that the Commission is allocated a set amount for each category, and the goal is to expend the funds within those categories since any unspent amounts would revert to the Commonwealth’s General Fund.
Ms. Wu reported that the Commission had seen steady growth in its number of staff over the past several years and observed that the increase in staff had contributed to the increase in civil penalties collected by the Commission. Mr. Wilson commended Ms. Slattery for her work implementing an effective process for collecting unpaid civil penalties. Committee Chair Martinez noted that the Commission had begun emphasizing collections of unpaid civil penalties during former Commissioner Kantrowitz’s service. Chair Botsford asked about the Commission’s remaining staff vacancy. Mr. Wilson responded that the vacancy was for a full-time receptionist to replace the long-time receptionist/administrative assistant who had recently left the Commission.
The Commission’s Maintenance Budget Request for Fiscal Year 2026
Ms. Wu reported that the Commission received $3,664,121 in maintenance funding for Fiscal Year 2025, an increase of $179,090 over Fiscal Year 2024, which includes $66,500 in unspent funds requested to be carried over into Fiscal Year 2025. Ms. McCullough reported that employee compensation and information technology expenditures account for approximately 86 percent and 8 percent of the Commission’s budget, respectively. She reported that the Commission’s Fiscal Year 2025 spending plan, which was submitted to the Executive Office for Administration and Finance on September 5, 2024, was approved on October 4, 2024, as submitted. Ms. McCullough explained that the Fiscal Year 2025 spending increases enable the Commission to retain and attract staff with competitive compensation and benefits, to cover subscription and licensing costs associated with the new legal case management system and the online training program, to add new branched content for legislative staff for the online training program, to send a delegation of Commission staff to the upcoming COGEL Annual Conference, and SFI system maintenance and support. Mr. Wilson commended Ms. McCullough for her work in securing additional funding for the Commission, including the $30,000 for the new branched content for legislative staff and the potential $66,500 carryover in unspent Fiscal Year 2024 funds.
Ms. McCullough stated that the Commission’s Fiscal Year 2026 budget request of $4,099,645 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, which would cost less than relying on vendor support for each system separately. Committee Chair Martinez asked whether the Commission uses benchmarks for determining staff compensation and noted that employee retention is difficult. Mr. Wilson explained that the Commission had, in recent years, provided cost-of-living increases for all Commission employees, other than the Executive Director, equivalent to those received by the Commission staff paid according to the NAGE Unit 6 Collective Bargaining Agreement salary schedule to ensure pay equity between Unit 6 and non-Unit 6 employees. He noted that the Commission had been more aggressive in recent years in seeking funding increases for annualized costs, such as salaries, and while Commission staff salaries are competitive, they were not at the level of larger agencies.
ADJOURN MEETING
At 1:00 p.m., on the motion of Committee Chair Martinez, seconded by Mr. Wilson, the Committee voted 3-0 to adjourn.
| Vote: | |
|---|---|
| Committee Chair Martinez | Yes |
| Committee Member Botsford | Yes |
| Committee Member Wilson | Yes |
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Committee Meeting of October 24, 2024
- Minutes of the Committee Meeting of September 11, 2023 Public Session
- Memorandum dated October 21, 2024 from General Counsel/Legal Division Chief Eve Slattery to the Commission regarding the draft revised Internal Control Plan
- Draft revised Internal Control Plan
- PowerPoint presentation dated October 24, 2024 on the Commission’s Spending Plan for Fiscal Year 2025 and Maintenance Budget Request for Fiscal Year 2026
Respectfully submitted,
Arthur Xia
Senior Program Coordinator