PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:36 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 July 27, 2021 and July 29, 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 noted the recent passing of Patrick Taylor, widower of late Commission General Counsel and Legal Division Chief Deirdre Roney. Chair Krokidas said that she would like to express her sincere condolences to their family on behalf of the Commission.
Mr. Wilson reported that he has been in contact with the Governor’s Legal Counsel about the appointment of a new commissioner to succeed Chair Krokidas, whose term expires on October 11, 2021. He noted that Chair Krokidas may continue to serve after her term expires until her successor is appointed.
Mr. Wilson said that Enforcement Division Chief Monica Brookman would provide an 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, and explained that plan describes how the Commission will expend its funding of $2,666,373 fully consistent with the maintenance request the Commission submitted to A&F and the Legislature during the Fiscal Year 2022 budget process. He thanked Government Affairs Officer Robert Milt and Chief Financial Officer Alice Wu for their work on the spending plan. Mr. Wilson said that the budget team is now working on the Commission’s Fiscal Year 2023 maintenance budget request, which is due in November.
Mr. Wilson reported that the National Association of Government Employees (NAGE) has reached a new 3-year collective bargaining agreement with the Commonwealth. He noted that this significantly impacts Commission spending because several Commission staff members are paid according to the NAGE Unit 6 Collective Bargaining Agreement salary schedule. He said that the new Unit 6 agreement includes a 2.5% cost of living increase for Fiscal Year 2021 retroactive to July 2020, a one-time 1.5% bonus, a 2% cost of living increase for Fiscal Year 2022, and a 2% cost of living increase for Fiscal Year 2023. Mr. Wilson stated that when the new Unit 6 agreement goes into effect, he will request that the Commission approve similar increases for the Commission employees whose compensation is not set according the agreement. Mr. Wilson noted that the Commission has 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 UNIT 6 agreement.
Chair Krokidas asked whether the Commission will have sufficient funding to approve the salary increases. Mr. Wilson responded that the Commission’s Fiscal Year 2022 maintenance budget includes funding for the salary increases. Government Affairs Officer Robert Milt noted that the Executive Office for Administration and Finance may provide additional financial support for the salary increases and bonus to independent agencies like the Commission.
Ongoing Projects
At Mr. Wilson’s request, Public Information 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 vendor, SkillBurst Interactive, conducted a series of meetings with Commission staff during July and August. He explained that the vendor reviewed materials compiled by Commission staff and produced a draft outline of a new course that will branch into ten different pathways that each focus on topics of the law most relevant to specific categories of public employees. Mr. Tuoti said that following approval of the course outline, SkillBurst will work in coordination with Commission staff to develop a course script. He reported that the project team expects to soon negotiate a statement of work and contract with SkillBurst for the content hosting and delivery platform for the new training course.
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 the Commission, the Department of Labor Relations, and the Department of Mental Health presented their project proposal to the IT Investment Advisory Board on August 18, 2021. He noted that, subsequent to that meeting, the Commission received approval to issue an RFP, which he expects to issue in early October in consultation with the Executive Office of Technology Services and Security (EOTSS). Mr. Milt explained that the hope is to secure a case management platform that is both user-friendly and secure with low ongoing maintenance costs and expanded document storage. He said that the project team will work with consultant, BerryDunn, to ensure that the new case management system meets the functional and technical requirements set by EOTSS and the Legal Case Management System consortium.
Office Reopening
Mr. Wilson stated that the gradual reopening of the Commission office has been considerably delayed given the rise of the COVID-19 Delta variant. He noted that the Commission was previously scheduled to begin a gradual return to a new normal after Labor Day. Mr. Wilson said that while some Commission staff, including the receptionists and administrative assistants, have begun working regular part-time schedules in the office, most other staff are still working remotely.
Mr. Wilson said that, although the Commission as an independent agency is not bound by the Governor’s recent executive order concerning vaccinations, consistent with that order all Commission staff are being required to be vaccinated by mid-October.
Mr. Wilson stated that most Commission staff will begin a hybrid work schedule starting next week, which will require managers to work in the office two days a week and non-managerial employees, other than administrative assistants, to work in the office one day a week. He stated that the number of days that Commission staff are required to work in the office will increase in late October with the goal of reopening the office to the public by November 1, 2021.
Mr. Wilson noted that the Commission office has hand sanitizer, face masks, air purifiers, and other protective equipment to ensure that the office reopening is as safe and comfortable as possible.
Mr. Wilson said that the Commission’s new normal will include a new telecommuting policy, which the Commission staff are working to develop for inclusion the Commission Personnel Manual. He said he expects the draft policy will be submitted to the Audit, Finance and Human Resources Committee for review and to the full Commission for approval in October. He stated that this new telecommuting policy will initially be a pilot program lasting six months to a year so that its suitability for the Commission may be evaluated.
Chair Krokidas commended the Commission staff for their personal sacrifices to ensure that the Commission continues to run smoothly.
COGEL Conference
Mr. Wilson reported that the Commission had been notified that the Council on Governmental Ethics Laws (COGEL) annual conference, previously scheduled to take place in Denver, Colorado, will instead be virtual. He noted that the Commission had been preparing to send a delegation of several staff members and a commissioner to the conference. Mr. Wilson encouraged the Commissioners to attend the virtual conference and expressed hope that the COGEL conference will be in-person next year.
Next Meeting
Mr. Wilson reminded the Commission that the hearing on the Motion for Summary Decision regarding In the Matter of Susan Anderson, Docket No. 20-003 is scheduled for September 21, 2021 at 11:00 a.m. Following discussion, the Commission scheduled its next meeting for October 20, 2021 at 9:30 a.m. and rescheduled the hearing to September 21, 2021 at 10:00 a.m.
PUBLIC EDUCATION AND COMMUNICATIONS DIVISION MATTERS
Public Education and Communications Division Chief David Giannotti could not attend the meeting due to a previously scheduled educational seminar. In the absence of Mr. Giannotti, Public Information Officer Gerry Tuoti presented the memorandum detailing Public Education and Communications Division activities for the months of July and August 2021.
Mr. Tuoti reported that Mr. Giannotti conducted four public education seminars in July and August attended by a total of 183 public employees, including Governor’s Office staff, police recruits at the Boston Police Academy, and municipal collectors and treasurers at the Massachusetts Collectors and Treasurers Association annual school at UMass Amherst.
Mr. Tuoti reported that on July 25, 2021, EOTSS informed all state agencies using Pulse Secure VPN for remote access to their networks that by August 31, 2021, the VPN client would need to be replaced by a newer version of the client to accommodate the Commonwealth’s licensing agreement with Microsoft. He said that Information Technology Specialist Tony Webb worked with Commission staff to upgrade Pulse Secure to the latest version on their work laptops by the end of August.
Mr. Tuoti said that the Public Education and Communications Division staff researched 2020 Census results for Massachusetts cities and towns to identify municipalities whose population changes would affect how certain conflict of interest law exemptions are applied. He explained that one exemption designates members of select boards in municipalities with populations of under 10,000 people as special municipal employees. The research identified four towns whose populations were under 10,000 people with the 2010 Census but are now over 10,000 people with the 2020 Census such that the exemption no longer applies.
Mr. Tuoti explained that the ‘small town exemption’ in section 20 of the conflict of interest law permits municipal employees in towns with populations under 3,500 people to be appointed to another municipal position with the approval of the select board. The research identified three towns whose populations were under 3,500 people with the 2010 Census and are now over 3,500 people with the 2020 Census. Mr. Tuoti noted that the Legal Division intends to notify the affected municipalities about how the conflict of interest law will apply given the population changes.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Metrics for July and August 2021
Ms. Slattery presented the following Legal Division metrics for July and August 2021.
- Written advice. The Legal Division answered by letter or e-mail 41 (July) and 55 (August) written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 3 (July) and 3 (August) pertained to SFIs.
| July 2020 (same month prior year) (total/SFI): | 33/8 |
| August 2020 (same month prior year) (total/SFI): | 132/102 |
| June 2021 (previous month) (total/SFI): | 41/8 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 277 (July) and 318 (August) requests for advice from state, county, and municipal officials. Of these requests, 7 (July) and 4 (August) pertained to SFIs.
| July 2020 (same month prior year) (total/SFI): | 316/15 |
| August 2020 (same month prior year) (total/SFI): | 467/129 |
| June 2021 (previous month) (total/SFI): | 357/8 |
- Review of municipal letters. Division staff reviewed 4 (July) and 6 (August) letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| July 2020 (same month prior year): | 1 |
| August 2020 (same month prior year): | 3 |
| June 2021 (previous month): | 1 |
- Backlog. As of September 9, 2021, the Division has 10 pending requests for written advice that are more than 30 days old. There is a total of 26 pending requests for written advice.
SFI Summary
Ms. Slattery reported that all appointed public employees and elected public officials who were required to file in Calendar Year 2020 have now filed, including 3 former public employees and 1 current public employee who filed after the expiration of the 10-day statutory grace period. She said that the SFI Team is currently preparing for the Calendar Year 2021 SFI filing season.
Adjudicatory Matters
Ms. Slattery presented the September/October calendar of conferences/hearings in pending Commission adjudicatory proceedings. She also requested that the Commission assign presiding officers for the following new adjudicatory matters:
In the Matter of John Caplis, Docket No. 21-0005 (Order to Show Cause issued September 10, 2021): Commissioner Edwards was assigned as the presiding officer. Staff Counsel Norah Mallam will serve as legal advisor.
In the Matter of Erik Fleming, Docket No. 21-0006 (Order to Show Cause issued September 14, 2021): Commissioner Martinez was assigned as the presiding officer. Assistant General Counsel T. Michael McDonald will serve as legal advisor.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that on July 26, 2021, the Commission was served with a notice to appear at a preliminary injunction hearing in Ember Pizza, Inc. et al. v. Town of Harwich, Suffolk Superior Court Civil Action No. 2184CV01461; the motion for preliminary injunction was brought by restaurants to enjoin the Town of Harwich from enforcing restrictions on its entertainment licenses. Ms. Slattery explained that the Commission was named as a nominal respondent in the underlying action, but no relief was sought against the Commission. Ms. Slattery noted that the Court denied the motion and the case has been transferred to Barnstable Court, which has dismissed it failure of Petitioners to perfect timely service.
Commission Projects
Ms. Slattery presented a memo on the status of projects discussed at prior Commission meetings. There were no questions from the Commission.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics. Ms. Brookman also noted that Assistant Enforcement Counsel Victoria Giuliano and Special Investigator Paul Murray are currently away on parental leave and congratulated them on the new additions to their families.
Ms. Brookman reported that the Enforcement Division received applications from many qualified candidates for the two open Special Investigator positions. She said that applications were due on August 13, 2021, and the Division completed the second round of interviews on September 7, 2021. Ms. Brookman noted that after the Commission conducts reference checks, the final candidates will be interviewed by Mr. Wilson.
LEGAL COMMITTEE REPORT
General Counsel/Legal Division Chief Eve Slattery presented a Draft Mediation Policy. Vice Chair and Legal Committee Chair Kantrowitz reported that the Legal Committee met on September 10, 2021 to finalize the draft policy for approval by the full Commission. Commissioner Edwards stated that the draft policy should be amended to clarify that the confidentiality provisions in the mediation agreement apply to judicial proceedings.
On the motion of Commissioner Martinez, seconded by Commissioner Edwards, the Commission voted 5-0 to adopt the draft mediation policy as amended at the meeting.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
EVALUATION OF EXECUTIVE DIRECTOR
Chair Krokidas stated that the evaluation of the Executive Director would be conducted in public session, but requested that all staff, except for Mr. Wilson and Ms. Slattery to leave the room during the evaluation.
The Chair deferred to Commissioner Martinez and Commissioner Hackshaw to lead a discussion of the Executive Director’s core competencies and major responsibilities during the relevant time period of July 1, 2019 to June 30, 2021.
Commissioner Martinez and Commissioner Hackshaw informed the commissioners of the input they received during interviews with staff regarding Mr. Wilson’s performance and discussed his self-evaluation. They then led a discussion of Mr. Wilson’s performance including a review of his core competencies and major job responsibilities.
On the motion of Chair Krokidas, seconded by Vice Chair Kantrowitz, the Commission voted 5-0 to delegate to Commissioner Martinez and Commissioner Hackshaw the preparation and signing of the Executive Director’s written evaluation on behalf of the Commission.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
EXECUTIVE SESSION
At 11:13 a.m., on the motion of Chair Krokidas, seconded by Commissioner Edwards, 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.
The meeting recessed at 11:14 a.m. and reconvened at 11:22 a.m.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of September 15, 2021
- Minutes of the Commission Meeting of July 27, 2021 Public Session
- Minutes of the Commission Meeting of July 29, 2021 Public Session
- Memorandum dated September 8, 2021 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in July and August 2021
- Memorandum dated September 9, 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 September 9, 2021 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning an update on pending projects
- Enforcement Intake Metrics
- Draft Mediation Policy
- Performance Evaluation Form for Executive Director David A. Wilson (Evaluation Period: 7/1/19 to 6/30/21)
Respectfully submitted,
Arthur Xia
Program Coordinator