PUBLIC SESSION
MEETING CONVENED
Chair Margot Botsford called the meeting to order at 9:31 a.m. Also in attendance were Vice Chair Josefina Martinez, Commissioner Wilbur P. Edwards, Jr., Commissioner Eron Hackshaw, and Commissioner Thomas A. Connors. Commissioner Hackshaw participated remotely.
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 Commissioner Connors, seconded by Vice Chair Martinez, the Commission voted 5-0 to waive the reading and approve the public session minutes of the July 18, 2024 Commission meeting.
| Vote: | |
|---|---|
| Chair Botsford | Yes |
| Vice Chair Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
| Commissioner Connors | Yes |
EXECUTIVE DIRECTOR’S REPORT
Executive Director David A. Wilson presented his monthly report.
Personnel
Mr. Wilson reported that Administrative Assistant and Receptionist Nubia Villarroel is leaving for a position with the City of Chelsea. He noted that Ms. Villarroel had joined the Commission nearly eighteen years ago and commended her being a welcoming and professional voice for the Commission over those years.
Mr. Wilson noted that Special Investigator Shawn McElroy had recently returned from Honduras after participating in the ITD Professional Fellows Program, and asked him to report briefly on his trip.
Mr. McElroy reported that the trip was a tremendous opportunity to see firsthand the challenges faced by Professional Fellow Emily Flores and her colleagues in public service, and to learn more about their efforts to promote transparency and integrity in their government. He said he was grateful for the warm welcome he received from his hosts and the people he met in Honduras. Mr. McElroy said he participated with Ms. Flores in meetings with others filled with the exchange of ideas and dialogue on the importance of developing best practices to curb corruption, foster integrity in government, and build confidence in democratic institutions.
Mr. McElroy noted that a highlight of the trip was accompanying Ms. Flores to a meeting with two members of the National Congress in Tegucigalpa during which she outlined her proposed reforms to Honduras’ Code of Ethical Conduct which she developed in part using the knowledge gained while a Fellow at the Commission especially regarding the conflict of interest law education requirements. He reported that the Congress members were impressed with the conflict of interest law and the required training in Massachusetts, and agreed to take steps to promote the implementation of a similar online training program in Honduras to educate government employees and elected officials about their Code of Ethical Conduct. Mr. McElroy thanked Legal Division Deputy Chief/SFI Lauren Duca and Senior Assistant General Counsel T. Michael McDonald for spearheading the Commission’s participation in the Professional Fellows Program and thanked all his colleagues for their time and contributions during the four weeks that Ms. Flores spent with the Commission, learning about the conflict of interest law and the Commission.
Budget
Mr. Wilson provided an update on the Fiscal Year 2025 budget process. He reported that the Governor signed the Fiscal Year 2025 budget on July 29, 2024, which provides $3,664,121 in funding for the Commission, about a $179,000 increase over Fiscal Year 2024. Mr. Wilson noted that the funding includes the $30,000 required to fund the development of additional branched content in the Commission’s online conflict of interest law training program for the Legislature’s staff. Mr. Wilson also reported that Commission submitted a request to the Executive Office for Administration and Finance for certain unspent Commission Fiscal Year 2024 funds to be carried over to this year, and that, in response, the Governor’s supplemental budget includes $66,500 for this carryover, and that the Commission is now seeking House and Senate support for its inclusion in their respective versions of the supplemental budget bill. Mr. Wilson further noted that the Commission is also seeking to have several technical, non-substantive revisions to certain sections of the conflict of interest law and financial disclosure law included in the Governor’s supplemental budget. He thanked Chief Financial Officer Alice Wu and Government Affairs Officer Jennifer McCullough for their hard work on the budget. Mr. Wilson stated that the Commission will now work on the Commission’s Fiscal Year 2026 budget request, which is due in October.
Chair Botsford asked whether the unspent funds from Fiscal Year 2024 could be used for the Commission’s new internship program. Ms. McCullough explained that the approximately $66,000 in unspent funds did not have any stipulations attached and could be used to potentially fund the internship program. Mr. Wilson said that a working group made up of Commission staff has formed to create a pilot internship program for the spring semester in 2025. He noted that the working group is currently discussing whether the internship would be paid or unpaid.
Ongoing Projects
Mr. Wilson reported that the Commission will seek bond funding from the Executive Office of Technology Services and Security (EOTSS) for the replacement of the existing SFI filing system, which is nearly nine years old and outdated. He noted that the Commission will file its capital funding request to EOTSS by October 1, 2024.
COGEL Conference
Mr. Wilson reported that the Commission is preparing to send a delegation to the upcoming COGEL Annual Conference in Los Angeles in December, and invited Commissioners interested in attending the conference to join the staff on the delegation. He noted that, for the first time in his experience, the Commission will not be able to secure rooms in the conference hotel because room demand has exceeded supply apparently due to the increased popularity of the conference. He further noted that a solution to the hotel problem was being sought that would allow the delegation to attend the conference without a lot of inconvenience and added expense.
New Commissioner
Mr. Wilson stated that there is nothing new 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 a new commissioner to succeed Vice Chair Martinez, as well as Commissioner Edwards, whose term expires in October.
Staff Training
Mr. Wilson reported that the Commission staff would participate in a training program on generational diversity facilitated by the Massachusetts Councils on Aging following the meeting.
Next Meeting
Following discussion, the Commission scheduled a meeting for October 24, 2024 at 9:30 a.m., November 21, 2024 at 9:30 a.m., and December 19, 2024 at 9:30 a.m. Vice Chair Martinez noted that the Commission meeting in October would be her last meeting.
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 months of July and August 2024.
Mr. Giannotti reported that he conducted two public education seminars in July and two public education seminars in August attended by 173 public employees. He noted that, in August, he conducted a seminar at the Massachusetts Collectors and Treasurers Association’s Annual School at the University of Massachusetts Amherst attended by over 90 municipal tax collectors and treasurers from across the Commonwealth.
Mr. Giannotti provided an update on the online conflict of interest law training platform. He reported that, during July and August, the Division responded to 687 helpdesk calls and emails, a significant increase from prior months, likely due to the beginning of the school year when school districts require new employees to complete training and professional development activities.
Mr. Giannotti stated that the Commission now uses the metrics tool in the Mass.gov portal to report website metrics as the previous metrics tool, Google Analytics 360, has been discontinued and replaced by Google Analytics 4. He noted that the Mass.gov technical team does not provide technical support to use Google Analytics 4. Mr. Giannotti explained that website metrics using the Mass.gov tool will skew higher than have been previously reported because repeat visitors and repeat page views will now be included. He said that the monthly memorandum will now also include the five most-viewed web pages, and that web pages relating to the conflict of interest law education requirements, the Commission’s home page, the summary of the conflict of interest law for municipal employees and the public records request web pages were among the Commission’s most viewed pages in July and August.
Mr. Giannotti provided an update on the Legal Case Management System project. He reported that the Commission’s application has been substantially built, and that the application developer, Arbola, is working on scripts for Commission staff to use during user acceptance testing. Mr. Giannotti noted that additional training for staff on the application is being scheduled and will be completed within the next few weeks. He explained that portal pages to enable the public to submit forms to the Commission through the application continue to be developed. Mr. Giannotti reported that data mapping and data migration from the legacy Ethos application to the new Legal Case Management System has been proceeding without any major issues.
Public Education and Communications Division and Information Technology Report for Fiscal Year 2024
Mr. Giannotti presented the Public Education and Communications Division and Information Technology Report for Fiscal Year 2024. He thanked Senior Public Information Officer Gerry Tuoti, Senior Program Coordinator Arthur Xia, and Information Technology Specialist Tony Webb for their hard work during the fiscal year. Mr. Giannotti reported that, during Fiscal Year 2024, 25 press releases were issued by Mr. Tuoti, 46 public education seminars were conducted, and that he and Mr. Tuoti responded to 414 calls and emails from the media and the public. He said that Mr. Xia manages the keeper of the records duties for the Commission in connection with the conflict of interest law education requirements, and that all 327 elected state and county officials completed the education requirements during the fiscal year. Mr. Giannotti also reported that he, Mr. Tuoti, and Mr. Xia have responded to over 4,100 inquiries concerning the new online learning platform, and that over 270,000 public employees are currently using the system. He thanked Mr. Tuoti for his hard work on preparing the Commission’s Annual Reports and Mr. Xia for his hard work on managing the website and providing technical support at Commission meetings. He thanked Mr. Webb for his hard work maintaining the Commission’s information technology resources and providing developer access to the Ethos database in connection with the Legal Case Management System project.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division. Ms. Slattery reported that, in July, Assistant General Counsel Ting Chiu participated on a panel discussion for the Mandela Washington Fellowship at Bridgewater State University to make a presentation on the conflict of interest law, and that Ms. Chiu subsequently served as a mentor to a fellow from Cameroon. Ms. Chiu explained that the leadership program brings young professionals from Africa to the United States for them to apply what they have learned through the fellowship to their home countries.
Legal Division Metrics for July and August 2024
Ms. Slattery presented the following Legal Division metrics for July and August 2024.
- Written advice. The Legal Division answered by letter or e-mail 39 (July) and 47 (August) written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 4 (July) and 1 (August) pertained to SFIs.
| For comparison: | |
|---|---|
| July 2023 (same month prior year) (total/SFI): | 52/4 |
| August 2023 (same month prior year) (total/SFI): | 50/0 |
| June 2024 (previous month) (total/SFI): | 67/11 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 337 (July) and 317 (August) requests for advice from state, county, and municipal officials. Of these requests, 12 (July) and 6 (August) pertained to SFIs.
| For comparison: | |
|---|---|
| July 2023 (same month prior year) (total/SFI): | 328/8 |
| August 2023 (same month prior year) (total/SFI): | 340/2 |
| June 2024 (previous month) (total/SFI): | 373/4 |
- Review of municipal letters. Division staff reviewed 3 (July) and 0 (August) letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| For comparison: | |
|---|---|
| July 2023 (same month prior year): | 1 |
| August 2023 (same month prior year): | 1 |
| June 2024 (previous month): | 0 |
- Backlog. As of September 12, 2024, the Division has 0 pending request for written advice that is more than 30 days old. There are a total of 15 pending requests for written advice.
Adjudicatory Matters
Ms. Slattery presented the September/October calendar of conferences/hearings in pending Commission adjudicatory proceedings.
In the Matter of Jessica Santiago, Docket No. 24-0020 (Order to Show Cause issued September 12, 2024): Commissioner Hackshaw was assigned as the presiding officer. Senior Assistant General Counsel T. Michael McDonald will serve as legal advisor.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in Commonwealth v. Daniel J. Galvis, Greenfield District Court, Criminal Docket No: 2441CR000371, in exchange for agreeing to produce evidence related to the criminal charges against Daniel Galvis, which the Commission’s General Counsel is permitted to produce under G.L. c. 268B, § 4(a), the Commonwealth withdrew its motion pursuant to Mass. R. Crim. P. 17 for an order for a summons to the Commission for copies of all evidence collected during the Enforcement Division’s investigations of Daniel Galvis and Gilda Galvis, and the hearing scheduled for the motion was cancelled.
She reported that, in Commonwealth v. Spaulding, Supreme Judicial Court Docket No.: SJC-13615, the Legal Division plans to prepare and file an amicus brief on the issue of the meaning of “unwarranted privilege” in G.L. c. 268A, § 23(b)(2)(ii). She explained that the amicus brief will be due no later than 21 days before the date of oral argument.
Legal Division Report for Fiscal Year 2024
Ms. Slattery presented the Legal Division Report for Fiscal Year 2024. She reported that the Legal Division answered 5,637 requests for advice in Fiscal Year 2024, a 3% decrease from Fiscal Year 2023. Ms. Slattery further reported that the average monthly backlog significantly decreased, particularly due to the addition of Assistant General Counsel Christopher N. Popov. She reported that Legal Division attorneys served as legal advisors to Commission members serving as the Presiding Officer in six adjudicatory proceedings. Ms. Slattery thanked Staff Counsel Amy Bressler Nee for her work that successfully led to the Suffolk Superior Court affirming the Commission’s 2022 decision that Aquinnah Select Board member Gary Haley violated the conflict of interest law. She also thanked Legal Division Deputy Chief/SFI Lauren Duca and Senior Assistant General Counsel T. Michael McDonald for spearheading the effort for the Commission to participate as a host organization in the Professional Fellows Program. Ms. Slattery commended the Legal Division for their hard work during the fiscal year.
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 finally located the one remaining non-filer, who filed on July 24, 2024 before the end of their 10-day statutory grace period. She further reported the SFI Team completed its negotiations with the vendor and executed a maintenance and support agreement for the SFI system for the next fiscal year. Ms. Duca said that the SFI Team has begun preparing for the Calendar Year 2024 SFI filing season by updating the annual request for Designation Lists of filers from agencies and scheduling training sessions for agency SFI liaisons on their responsibilities under the financial disclosure law and how to use the SFI system. She reported that the SFI Team handled a total of 47 phone calls, emails, and walk-ins for SFI assistance in July, and a total of 34 phone calls, emails, and walk-ins for SFI assistance in August.
Ms. Duca presented the SFI Filing Season Report for Calendar Year 2023. She thanked the SFI Team, consisting of Special Assistant to Administration and SFI Rose Costa, Information Technology Specialist Tony Webb, and Administrative Assistant Theresa Meli Omodei, for their hard work that resulted in the most successful filing season in over a decade. She reported that there were 4,018 total filers in Calendar Year 2023, a 7.2% increase in the number of filers last year, with a compliance rate of 98.34%, the highest rate since 2012. Ms. Duca further reported that 98.86% of filers had filed electronically, and that Notices of Lateness were sent to 64 filers, a 53.6% decrease from last year.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Report for Fiscal Year 2024
Ms. Brookman presented the Enforcement Division Report for Fiscal Year 2024. She reported that the Enforcement Division had negotiated 24 disposition agreements and one public education letter, and that the disposition agreements resulted in over $360,000 in civil penalties. Ms. Brookman thanked the Enforcement Division for their hard work during the fiscal year. She further reported that the Enforcement Division reduced the intake backlog to a manageable level in Fiscal Year 2024, owing in part to the addition of Special Investigator Linda Walsh-Romano. Ms. Brookman said that she hopes to keep the number of cases in the complaint backlog to under ten cases.
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics for July and August. Ms. Brookman reported that, while the number of cases in the complaint backlog increased slightly in August, she expects that there will be fewer than ten cases in the backlog next month.
EXECUTIVE SESSION
At 10:38 a.m., on the motion of Vice Chair Martinez, seconded by Commissioner Connors, 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.
| Vote: | |
|---|---|
| Chair Botsford | Yes |
| Vice Chair Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | 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 September 19, 2024
- Minutes of the Commission Meeting of July 18, 2024 Public Session
- Memorandum dated September 12, 2024 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in July and August 2024
- Memorandum dated September 12, 2023 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division and Information Technology Report for Fiscal Year 2024
- Memorandum dated September 12, 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
- Memorandum dated September 13, 2023 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning the Legal Division Report for Fiscal Year 2024
- Memorandum dated August 13, 2023 from Legal Division Deputy Chief/SFI Lauren Duca to the Commission concerning the SFI Filing Season Report for Calendar Year 2023
- Memorandum dated August 14, 2023 from Enforcement Division Chief Monica Brookman to the Commission concerning the Enforcement Division Report for Fiscal Year 2024
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator