PUBLIC SESSION
MEETING CONVENED
Chair Maria J. Krokidas called the meeting to order at 9:38 a.m. Also in attendance were Vice Chair R. Marc Kantrowitz, Commissioner Josefina Martinez, Commissioner Wilbur P. Edwards, Jr., and Commissioner Eron Hackshaw. Commissioner Hackshaw participated remotely.
REMOTE PARTICIPATION
Chair Krokidas announced that the meeting would take place in-person with remote access provided to the public pursuant to the law signed by Governor Baker on July 16, 2022 extending certain COVID-19 measures adopted during the state of emergency. Chair Krokidas noted that all votes at the meeting would be taken by roll call.
APPROVAL OF MEETING MINUTES
On the motion of Chair Krokidas, seconded by Commissioner Martinez, the Commission voted 5-0 to waive the reading and approve the public session minutes of the July 26, 2022 Commission meeting.
| 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 informed the Commission that a new Assistant Enforcement Counsel, Jenny Wojewoda, will join the Commission staff on September 12, 2022.
Budget
Mr. Wilson reported that the Audit, Finance and Human Resources Committee met on September 6, 2022 to discuss the Commission’s Fiscal Year 2023 spending plan. He noted that the Fiscal Year 2023 spending plan will soon be submitted to the Executive Office for Administration and Finance where it is due on September 12, 2022. Mr. Wilson stated that employee compensation and information technology account for approximately 89 percent and 5 percent of the Commission’s budget, respectively. He thanked Government Affairs Officer Robert Milt and Chief Financial Officer Alice Wu for their very diligent and highly effective work on the budget.
Ongoing Projects
At Mr. Wilson’s request, Senior Public Information and Communications 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 final English-language version of the new conflict of interest law online training course and the Spanish, Portuguese, and Chinese close-captioned translations are expected to be delivered by the vendor, SkillBurst Interactive, by November 18, 2022. He thanked Staff Counsel Norah Mallam, Assistant General Counsel T. Michael McDonald, and other Commission staff for their work to review the program. Mr. Tuoti stated that the Public Education and Communications Division will notify all state and county agencies and municipalities and independent municipal districts about the new training course and hosting platform.
Chair Krokidas asked when the new training course will be made available to the public. Mr. Tuoti said that the new training course could be made available at the end of this year or the beginning of next year if the Commission receives it by November 18, 2022.
At Mr. Wilson’s request, Government Affairs Officer Robert Milt provided an update on the replacement of the Commission’s legacy case management system, Ethos. Mr. Milt reported that the Executive Office of Technology Service and Security (EOTSS) is currently in negotiations with the vendors, Salesforce and Arbola. He said that EOTSS is working with consultant, BerryDunn, to properly scope the implementation services agreement by performing readiness assessments at each of the four partner agencies of the Legal Case Management System consortium. Mr. Milt stated that the Commission informed EOTSS and BerryDunn that the Commission is fully committed to the implementation of a new system from Salesforce and its partners. He noted that BerryDunn will provide its recommendations to EOTSS in the coming weeks, and EOTSS will finalize the implementation services agreement to commence work on the new case management system in the fall.
Mr. Wilson thanked Mr. Tuoti and Mr. Milt for their leadership and diligence in managing the two projects.
Senate Briefing
Mr. Wilson reported that he, General Counsel/Legal Division Chief Eve Slattery, and Legal Division Deputy Chief/SFI Lauren Duca conducted a conflict of interest law and financial disclosure law briefing for the Senate on July 27, 2022. He expressed his appreciation for the Senate’s interest in the conflict of interest and financial disclosure laws and the work of the Commission.
COGEL Conference
Mr. Wilson said that the annual Council on Governmental Ethics Laws (COGEL) Conference is scheduled for December 4-7, 2022 in Montreal. He noted that the conference was held remotely last year due to COVID-19 restrictions. Mr. Wilson said that he hopes to send a delegation of Commission staff to the conference, and he invited Commissioners interested in attending the conference to join the delegation.
Ice Cream Social
Mr. Wilson said that the Commission’s ice cream social will be held on either September 15, 2022 or September 22, 2022 at 1:00 p.m. depending on the availability of Commission staff.
Next Meeting
Following discussion, the Commission scheduled its next meeting for October 20, 2022 at 9:30 a.m.
AUDIT, FINANCE AND HUMAN RESOURCES COMMITTEE MATTERS
Mr. Wilson presented the draft Commission telecommuting policy and program. He reported that the Audit, Finance and Human Resources Committee met on September 6, 2022 to finalize the draft policy for approval by the full Commission.
Following discussion, on the motion of Commissioner Edwards, seconded by Chair Krokidas, the Commission voted 5-0 to adopt, effective as of this date, the new Section 2.7 Telecommuting Policy and Program set out in the draft dated 9.1.22 and to amend the Commission Personnel Manual by replacing the existing Section 2.7 Telecommuting with the new Section 2.7 Telecommuting Policy and Program.
| Chair Krokidas | Yes |
| Vice Chair Kantrowitz | Yes |
| Commissioner Martinez | Yes |
| Commissioner Edwards | Yes |
| Commissioner Hackshaw | Yes |
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 2022.
Mr. Giannotti thanked Mr. Tuoti for his leadership in managing the replacement of the Commission’s conflict of interest law online training programs. He said that the Public Education and Communications Division is preparing to announce the new training course and encourage agencies to sign up for the learning management platform via Google Forms. Mr. Giannotti explained that the learning management platform will enable agencies to automatically record and track compliance with the conflict of interest law education requirements. He reported that Senior Program Coordinator Arthur Xia has created a YouTube channel for the Commission to host the two promotional videos from SkillBurst, which will be displayed on a Promotional Page on the Commission website. Mr. Giannotti said that he hopes that the new online training program will be available by January 2023 for the upcoming compliance cycle.
Public Education and Communications Division and Information Technology Fiscal Year 2022 Report
Mr. Giannotti presented the Public Education and Communications Division and Information Technology Report for Fiscal Year 2022. He thanked Mr. Tuoti, Mr. Xia, and Information Technology Specialist Tony Webb for their hard work during the fiscal year. Mr. Giannotti also thanked Administrative Assistant Nubia Villarroel for her work to upload Commission formal opinions from 1978 to 1985 to the Commission website.
Commissioner Edwards asked whether the Commission will conduct any trainings on the conflict of interest law for the incoming administration at the Governor’s Office. Mr. Giannotti said that the campaign staff of an incoming administration traditionally has been very proactive in requesting educational seminars on the conflict of interest law.
Vice Chair Kantrowitz asked whether the Commission can respond to any misrepresentations by the press. Mr. Giannotti said that, while the Commission is subject to strict confidentiality restrictions, the Commission can take steps to correct any material misrepresentations of Commission actions or decisions.
LEGAL DIVISION MATTERS
General Counsel/Legal Division Chief Eve Slattery reported on the activities of the Legal Division.
Legal Division Fiscal Year 2022 Report
Ms. Slattery presented the Legal Division Report for Fiscal Year 2022. She thanked the Commissioners for serving as presiding officers in nine adjudicatory matters during the very busy fiscal year. Chair Krokidas commended the Legal Division for their flexibility in handling multiple adjudicatory matters and court matters while managing day-to-day responsibilities. Mr. Wilson noted that, as an independent agency, the Commission acts as a self-represented party in cases on appeal, while most other agencies are represented by Assistant Attorneys General from the Attorney General’s Office during litigation matters.
Legal Division Metrics for July and August 2022
Ms. Slattery presented the following Legal Division metrics for July and August 2022.
- Written advice. The Legal Division answered by letter or e-mail 35 (July) and 62 (August) written requests for advisory opinions under G.L. c. 268A and c. 268B. Of these requests, 2 (July) and 4 (August) pertained to SFIs.
| July 2021 (same month prior year) (total/SFI): | 41/3 |
| August 2021 (same month prior year) (total/SFI): | 55/3 |
| June 2022 (previous month) (total/SFI): | 30/4 |
- Oral advice. The Legal Division attorneys provided advice by telephone in response to 294 (July) and 377 (August) requests for advice from state, county, and municipal officials. Of these requests, 11 (July) and 14 (August) pertained to SFIs.
| July 2021 (same month prior year) (total/SFI): | 277/7 |
| August 2021 (same month prior year) (total/SFI): | 318/4 |
| June 2022 (previous month) (total/SFI): | 381/32 |
- Review of municipal letters. Division staff reviewed 0 (July) and 3 (August) letters issued by city solicitors/town counsel pursuant to G.L. c. 268A, § 22 and 930 CMR 1.03.
| July 2021 (same month prior year): | 4 |
| August 2021 (same month prior year): | 6 |
| June 2022 (previous month): | 1 |
- Backlog. As of September 1, 2022, the Division has 10 pending requests for written advice that are more than 30 days old. There is a total of 18 pending requests for written advice.
SFI Summary
Legal Division Deputy Chief/SFI Lauren Duca provided an update on the Calendar Year 2021 Statement of Financial Interests (SFI) filing season. Ms. Duca said that the SFI Team continued to respond to inquiries from new filers seeking both technical and legal assistance with filing. She noted that there are multiple write-in candidates for public office who will be unable to appear on the November 2022 ballot if they miss the deadline to file their SFI. Ms. Duca explained that to appear on the ballot, candidates for public office must file a receipt from the Commission with the Secretary of State’s office as proof of their SFI filing.
Adjudicatory Matters
Ms. Slattery presented the September/October calendar of conferences/hearings in pending Commission adjudicatory proceedings. She reminded the Commission that the pre-hearing conference regarding In the Matter of Brooke Merkin is scheduled for September 8, 2022 at 3:30 p.m.
Litigation Matters
Ms. Slattery provided an update on litigation matters. She reported that, in Comtois v. State Ethics Commission, Appeals Court Docket No. 2021-P-1151, oral argument is scheduled for October 13, 2022.
The meeting recessed at 10:36 a.m. and reconvened at 10:44 a.m.
CLOSING ARGUMENTS
In the Matter of Gary Haley, Docket No. 21-0003: Both parties made closing arguments. The Commission took the matter under advisement.
The meeting recessed at 11:16 a.m. and reconvened at 11:22 a.m.
ENFORCEMENT DIVISION MATTERS
Enforcement Division Chief Monica Brookman reported on the activities of the Enforcement Division.
Enforcement Division Fiscal Year 2022 Report
Ms. Brookman presented the Enforcement Division Report for Fiscal Year 2022, which included the Fiscal Year 2022 Enforcement Case Metrics and Intake Metrics.
Ms. Brookman reported that the Enforcement Division closed 17 cases during the fiscal year, resulting in ten disposition agreements and five public education letters. She also reported that, with the addition of two Special Investigators this fiscal year, the Enforcement Division reduced the overall complaint backlog by approximately 30%. Ms. Brookman noted that, in the first two months of Fiscal Year 2023, the Enforcement Division continued to further reduce the intake backlog.
Ms. Brookman thanked the Enforcement Division staff, including Assistant Agency Counsel John C. McDonald, who worked primarily with the Enforcement Division while assigned to both the Enforcement and Legal Divisions. She said that she is looking forward to the addition of Jenny Wojewoda as the new Assistant Enforcement Counsel in the Enforcement Division. Mr. Wilson commended the Enforcement Division for managing an unprecedented number of cases this fiscal year.
EXECUTIVE SESSION
Mr. Wilson noted that Vice Chair Kantrowitz’s term expires on October 9, 2022, and Chair Krokidas, who has served on the Commission on a holdover basis for nearly a year beyond her term’s October 11, 2021 expiration date, will soon cease to do so. He thanked Commissioners Krokidas and Kantrowitz for their years of distinguished service to the Commission and support of the staff. Commissioners Krokidas and Kantrowitz commended the commitment of the Commission staff and the quality of their work.
At 11:29 a.m., on the motion of Chair Krokidas, seconded by Commissioner Martinez, 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.
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Commission Meeting of September 8, 2022
- Minutes of the Commission Meeting of July 26, 2022 Public Session
- Draft Commission Telecommuting Policy and Program
- Memorandum dated September 1, 2022 from Public Education and Communications Division Chief David Giannotti to the Commission concerning Public Education and Communications Division activities in July and August 2022
- Memorandum dated September 1, 2022 from Public Education and Communications Division Chief David Giannotti to the Commission concerning the Public Education and Communications Division and Information Technology Report for Fiscal Year 2022
- Memorandum dated September 1, 2022 from General Counsel/Legal Division Chief Eve Slattery to the Commission concerning the Legal Division Report for Fiscal Year 2022
- Memorandum dated September 1, 2022 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 1, 2022 from Enforcement Division Chief Monica Brookman to the Commission concerning the Enforcement Division Report for Fiscal Year 2022
- Enforcement Case Metrics
- Enforcement Intake Metrics
Respectfully submitted,
Arthur Xia
Senior Program Coordinator