PUBLIC SESSION
MEETING CONVENED
Chair Margot Botsford called the meeting to order at 10:11 a.m. Also in attendance were Vice Chair Josefina Martinez, Commissioner Wilbur P. Edwards, Jr., and Commissioner Thomas A. Connors. Commissioner Edwards participated remotely. Commissioner Hackshaw was not present.
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 Chair Botsford, seconded by Commissioner Connors, the Commission voted 4-0 to waive the reading and approve the public session minutes of the July 20, 2023 Commission meeting.
| 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.
Mr. Wilson welcomed Chair Botsford to her first monthly Commission meeting. He noted that the Commission now has five members for the first time since December 2022.
Personnel
Mr. Wilson stated that Government Affairs Officer Robert Milt, who joined the Commission over eleven years ago and served in his current role since 2017, is leaving for a position with the Board of Bar Examiners. He commended Mr. Milt for being a highly effective Commission staff member, including in his government relations, SFI Team, and Budget Team roles, and for his leadership and co-leadership on the Commission’s case management system replacement and new online training development projects.
Budget
At Mr. Wilson’s request, Mr. Milt provided an update on the Fiscal Year 2024 budget process. Mr. Milt reported that the Commission’s Audit, Finance and Human Resources Committee met on September 11, 2023 to discuss the Commission’s Fiscal Year 2024 spending plan, which was submitted to the Executive Office for Administration and Finance on September 13, 2023. He stated that there is funding for a new attorney position and annualized costs, such as salaries and subscription costs associated with the new online training program. Mr. Milt explained that the Budget Team is now working on the Commission’s Fiscal Year 2025 maintenance budget request, which will be due in November.
Ongoing Projects
At Mr. Wilson’s request, Mr. Milt provided an update on the replacement of the Commission’s legacy case management system, Ethos. Mr. Milt thanked Public Education and Communications Division Chief David Giannotti and Information Technology Specialist Tony Webb for the maintenance of the existing case management system, Ethos. He noted that the Legal Case Management System consortium may grow in the future as more agencies become interested in assembling their own versions of the case management system. Mr. Milt stated that the development and implementation of the new case management system will be funded by capital funding from the Executive Office of Technology Services and Security. He reported that the Core Project Team has been meeting regularly to discuss the development of the initial build of the base model for the new legal case management system, which is expected to be completed in January 2024 with full functionality in February or March. Mr. Milt thanked Mr. Wilson for the opportunity to manage the replacement of the legacy case management system and to assist the Commission on other projects, such as the development of the new conflict of interest law online training program and learning management system. Vice Chair Martinez commended Mr. Milt for his years of service to the Commission and for his advocacy for the work of the Commission.
New Commissioner
Mr. Wilson reported 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, whose term expires on October 11, 2023. He noted that Vice Chair has agreed to continue to serve as a Commissioner on a holdover basis after her term expires until her successor is appointed and sworn in.
COGEL Conference
Mr. Wilson said that the 45th Annual Council on Governmental Ethics Laws (COGEL) Conference is scheduled for December 3-6, 2023 in Kansas City, Missouri. He said that Commissioner Edwards will join the delegation of Commission staff; and he invited other Commissioners interested in attending the conference to join the delegation. Mr. Wilson noted that Senior Public Information and Communications Officer Gerry Tuoti will present information about the new online learning management platform on a panel on e-learning at the conference.
Next Meeting
Following discussion, the Commission scheduled its next meeting for October 19, 2023 at 9:30 a.m., November 16, 2023 at 9:30 a.m., and December 21, 2023 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 months of July and August 2023 and provided an overview of the Division’s core functions and responsibilities.
Mr. Giannotti reported that the Fiscal Year 2022 Annual Report was issued by Mr. Tuoti last month, which is now available on the Commission website.
Mr. Giannotti reported that he conducted three public education seminars in July and August attended by 201 public employees. He further reported that he conducted a two-hour in-person seminar for the Boston City Council in the first week of August attended by approximately 40 public employees. Mr. Giannotti noted that approximately 130 public employees have registered for his upcoming remote seminar on September 28, 2023.
Mr. Giannotti reported that the Public Education and Communications Division responded to 272 telephone and e-mail inquiries in July and 349 telephone and e-mail inquiries in August regarding the new online learning platform. He reported that there has been a significant spike in new user accounts created over the past two months, likely due to school districts requesting faculty and staff to complete the education requirements at the start of the new school year.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division and provided an overview of the Division’s core functions and responsibilities.
Legal Division Metrics for July and August 2023
Ms. Slattery presented the following Legal Division metrics for July and August 2023.
- Written advice. The Legal Division answered by letter or e-mail 52 (July) and 50 (August) written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 4 (July) and 0 (August) pertained to SFIs.
| July 2022 (same month prior year) (total/SFI): | 35/2 |
| August 2022 (same month prior year) (total/SFI): | 62/4 |
| June 2023 (previous month) (total/SFI): | 68/3 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 328 (July) and 340 (August) requests for advice from state, county, and municipal officials. Of these requests, 8 (July) and 2 (August) pertained to SFIs.
| July 2022 (same month prior year) (total/SFI): | 294/11 |
| August 2022 (same month prior year) (total/SFI): | 377/14 |
| June 2023 (previous month) (total/SFI): | 511/6 |
- Review of municipal letters. Division staff reviewed 1 (July) and 1 (August) letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| July 2022 (same month prior year): | 0 |
| August 2022 (same month prior year): | 3 |
| June 2023 (previous month): | 0 |
- Backlog. As of September 13, 2023, the Division has 2 pending requests for written advice that are more than 30 days old. There are a total of 23 pending requests for written advice.
Adjudicatory Matters
Ms. Slattery presented the September/October calendar of conferences/hearings in pending Commission adjudicatory proceedings. She noted the Commission that the adjudicatory hearing regarding In the Matter of Joseph Solomon is scheduled for April 23-26, 2024.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in Haley v. State Ethics Commission, Suffolk Superior Court Civil Action No. 2284CV02661, the hearing on motions for judgment on the pleadings has been rescheduled to January 18, 2024.
SFI Report
Legal Division Deputy Chief/SFI Lauren Duca provided an update on Statements of Financial Interests (SFI). Ms. Duca stated that the SFI Team continued to assist new filers who had technical and legal questions about their SFI filing. She noted that they are also working with the vendor under the maintenance and support agreement to resolve several minor issues with the SFI system that do not impact the ability to file. Ms. Duca said that the SFI Team has begun preparing for the Calendar Year 2023 SFI filing season by updating the annual request for Designation Lists of filers from agencies, adding the 2023 holiday schedule to the SFI system, and scheduling trainings in October and November for agency SFI liaisons.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman presented the Enforcement Intake Metrics. She reported that the intake backlog currently remains at a very manageable level and said that she hopes to further reduce the backlog with the addition of a new investigator. Mr. Wilson noted that there are no longer any complaints in intake that are over one year old.
Ms. Brookman reported that Special Investigator Lynn Edmonds, who joined the Commission over four years ago, had resigned her position, and her last day at the Commission was on August 4, 2023. She thanked Ms. Edmonds for her great work with the Commission and wished her well. Ms. Brookman further reported that the Enforcement Division has been conducting interviews for the open Special Investigator position, which was posted on July 21, 2023.
EXECUTIVE SESSION
At 11:00 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.
| 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 September 21, 2023
- Minutes of the Commission Meeting of July 20, 2023 Public Session
- Memorandum dated September 14, 2023 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in July and August 2023
- Memorandum dated September 13, 2023 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
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator