PUBLIC SESSION
MEETING CONVENED
Chair Margot Botsford called the meeting to order at 9:34 a.m. Also in attendance were Vice Chair Josefina Martinez, Commissioner Wilbur P. Edwards, Jr., and Commissioner Thomas A. Connors. Commissioner Connors participated remotely. Commissioner Eron Hackshaw did not attend.
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 Vice Chair Martinez, seconded by Chair Botsford, the Commission voted 4-0 to waive the reading and approve the public session minutes of the September 19, 2024 Commission meeting.
| Vote: | |
|---|---|
| Chair Botsford | Yes |
| Vice Chair Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Connors | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson welcomed back Senior Assistant Enforcement Counsel Victoria Giuliano. He then noted that the meeting would be Vice Chair Martinez’s last Commission meeting and thanked her on behalf of the staff for her distinguished service as a Commissioner and for serving on the Commission on a holdover basis for a year beyond her five-year term. Chair Botsford commended Vice Chair Martinez for her unique insights and wisdom that have been invaluable to the Commission. Vice Chair Martinez said that she has been proud to serve on the Commission and commended the commitment of the Commission staff and the quality of their work. She thanked her fellow Commissioners, Mr. Wilson, and General Counsel/Legal Division Chief Eve Slattery for their leadership and guidance.
Budget
Mr. Wilson provided an update on the budget. He reported that the Governor’s supplemental budget for Fiscal Year 2025, which includes a $66,500 carryover in unspent Commission Fiscal Year 2024 funds, has moved forward in the legislative process to the Senate. Mr. Wilson noted that the supplemental budget also includes several technical, non-substantive revisions to certain sections of the conflict of interest law and financial disclosure law. Government Affairs Officer Jennifer McCullough said that she hopes that the Governor will sign the supplemental budget bill into law by the October 31, 2024 deadline.
Mr. Wilson reported that, on September 25, 2024, he and Ms. McCullough met with Secretary of Administration and Finance Matthew Gorzkowicz and his staff to discuss the Commission and the upcoming Fiscal Year 2026 budget process. He noted that Secretary Gorzkowicz and his staff were very generous with their time and that ideas were exchanged for nearly an hour.
Mr. Wilson further reported that he, Chief Financial Officer Alice Wu, and Ms. McCullough are currently working on the Commission’s Fiscal Year 2026 budget request, which is due by October 30, 2024. Mr. Wilson noted that Ms. Wu and Ms. McCullough will provide a budget overview at the Commission’s Audit, Finance and Human Resources Committee meeting following the Commission meeting.
Ongoing Projects
Mr. Wilson reported that, on October 1, 2024, the Commission filed its application for capital funding with the Executive Office of Technology Services and Security (EOTSS) for the development and implementation of a new Statement of Financial Interest filing system to replace the Commission’s existing SFI filing system which is showing its age and limitations. He said that the Commission will learn more in November on whether its request for bond funding has been approved by EOTSS.
COGEL Conference
Mr. Wilson reported that the Commission will send a delegation of six staff members, representing all three Commission Divisions, to the upcoming COGEL Annual Conference in Los Angeles in December consisting of Enforcement Staff Counsel Candies Pruitt, Legal Staff Counsel Norah Mallam, Special Investigator Linda Walsh-Romano, Senior Public Information Officer Gerry Tuoti, Senior Program Coordinator Arthur Xia, and himself. He further reported that Ms. Pruitt will present information about the Commission’s public enforcement actions as a member of an Enforcement Update panel at the conference. Mr. Wilson noted that this will be the second year in a row that a Commission staff member will be a panelist at COGEL’s Annual Conference.
New Commissioner
Mr. Wilson stated that there is nothing to report regarding the appointment of a new commissioner to succeed Vice Chair Martinez. He noted that he has been in contact with the Governor’s Boards and Commissions Office about the appointment of new commissioners to succeed Vice Chair Martinez and Commissioner Edwards, who has agreed to continue to serve on a holdover basis.
Pie and Ice Cream Social
Mr. Wilson reported that the Commission’s pie and ice cream social will be held following the Commission’s Audit, Finance and Human Resources Committee meeting at 2:00 p.m.
Next Meeting
Mr. Wilson reminded the Commission that the next Commission meetings are scheduled for November 21, 2024 at 9:30 a.m. and December 19, 2024 at 9:30 a.m.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
Public Education and Communications Division Chief David Giannotti was unable to attend the Commission meeting due to a previously scheduled educational seminar. In his absence, Senior Public Information Officer Gerry Tuoti presented Mr. Giannotti’s memorandum detailing Public Education and Communications Division activities during the month of September 2024.
Mr. Tuoti reported that he issued four press releases in September, and that a press release concerning the disposition agreements in the Natasha Halfkenny and Coreen Miranda matter was issued on October 1, 2024.
Mr. Tuoti reported that Mr. Giannotti conducted four 90-minute public education seminars in September attended by 143 public employees.
Mr. Tuoti provided an update on the online conflict of interest law training platform. He reported that, during August and September, the number of helpdesk calls and emails significantly increased from prior months, likely due to the beginning of the school year when many school districts require new employees to complete training and professional development activities. Mr. Tuoti stated that the Public Education and Communications Division is preparing new messaging for agencies and municipalities to address their frequently asked questions. Chair Botsford asked whether the new messaging would be specifically directed at public school employees. Mr. Tuoti explained that new messaging would be general in nature, since the frequently asked questions address topics that apply broadly to all public employees regardless of position. He noted that the Commission recently issued on its website a reminder about conflict of interest law restrictions which apply to public school teachers.
At Mr. Tuoti’s request, Senior Program Coordinator Arthur Xia provided an update on the Commission’s use of social media. Mr. Xia reported that the Commission has increased its number of LinkedIn followers to 176, a 30% increase from the 135 followers as reported in June 2024. He noted that more ethics agencies and organizations from other states, such as the Oklahoma Ethics Commission and the Kansas Ethics Commission, are now following the Commission’s LinkedIn page, and that the Council on Governmental Ethics Laws (COGEL), which has significantly more LinkedIn followers than the Commission, has continued to regularly repost the Commission’s posts on its own LinkedIn page. Mr. Xia said he has noticed that more new attorneys and law school students are following the Commission’s LinkedIn page, and that he hopes that the Commission will receive a higher number of applications from interested candidates for future job postings and the new internship program launching next year.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for September 2024
Ms. Slattery presented the following Legal Division metrics for September 2024.
- Written advice. The Legal Division answered by letter or e-mail 44 written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 1 pertained to SFIs.
| For comparison: | |
|---|---|
| September 2023 (same month prior year) (total/SFI): | 50/0 |
| August 2024 (previous month) (total/SFI): | 47/1 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 322 requests for advice from state, county, and municipal officials. Of these requests, 3 pertained to SFIs.
| For comparison: | |
|---|---|
| September 2023 (same month prior year) (total/SFI): | 340/2 |
| August 2024 (previous month) (total/SFI): | 317/6 |
- 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 2023 (same month prior year): | 1 |
| August 2024 (previous month): | 0 |
- Backlog. As of October 17, 2024, the Division has 0 pending request for written advice that is more than 30 days old. There are a total of 14 pending requests for written advice.
Adjudicatory Matters
Ms. Slattery presented the October/November calendar of conferences/hearings in pending Commission adjudicatory proceedings. She noted that a motion hearing regarding In the Matter of Scott Callahan is scheduled for October 25, 2024 at 10:00 a.m.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in Commonwealth v. Spaulding, Supreme Judicial Court Docket No. SJC-13615, the Legal Division filed on behalf of the Commission an amicus letter on the meaning of “unwarranted privileges” in G.L. c. 268A, § 23(b)(2)(ii) on October 16, 2024. Ms. Slattery reported that oral argument for the case is scheduled for November 6, 2024.
Ms. Slattery reported that the Legal Division successfully represented the Commission in a Supervisor of Public Records appeal of the denial of a public records request because the requestor sought records from the Commission exempt from disclosure by statute.
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on Statements of Financial Interests (SFI) for Calendar Year 2023. Ms. Duca reported that the SFI Team finalized the training materials for agency liaisons on the use of the SFI system. She further reported that Special Assistant to Administration and SFI Rose Costa conducted four training sessions in October for agency liaisons. Ms. Duca stated that the SFI Team worked with its vendor to resolve minor technical issues with the SFI system that do not interfere with filing. She reported that the SFI Team handled a total of 45 phone calls, emails, and walk-ins for SFI assistance in September.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman thanked Commissioner Martinez for her work and dedication to the Commission and stated that the Division would miss her. Ms. Brookman then presented the monthly Enforcement Case Metrics and quarterly Enforcement Intake Metrics. She reported that, in September, the Enforcement Division reduced the intake backlog to only six complaints, the lowest level in at least ten years. Ms. Brookman further reported that, while the Division received 95 complaints filed in September, there were no particular trends that explain why the number of complaints received were so high. She said that she still expects that there will be fewer than ten cases in the backlog next month.
EXECUTIVE SESSION
At 10:09 a.m., on the motion of Chair Botsford, seconded by Vice Chair Martinez, the Commission voted 4-0 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 Botsford | Yes |
| Vice Chair Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Connors | Yes |
Chair Botsford 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 24, 2024
- Minutes of the Commission Meeting of September 19, 2024 Public Session
- Memorandum dated October 17, 2024 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in September 2024
- Memorandum dated October 17, 2024 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
- Letter dated October 16, 2024 from General Counsel/Legal Division Chief Eve Slattery to Clerk of the Supreme Judicial Court for the Commonwealth Maura Looney regarding Commonwealth v. Spaulding, Supreme Judicial Court Docket No.: SJC-13615
- Enforcement Case Metrics
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator