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41583	2017/Benedetti,_Anthony_11.13.17_-_23(b)(3).pdf	The Commonwealth of Massachusetts Committee for Public Counsel Services 44 Bromfield Street, Boston, MA 02108-4909 TEL (617) 482-6212 FAX: (617) 988-8495 ANTHONY J. BENEDETTI CHIEF COUNSEL David A. Wilson, Executive Director November 9, 2017 State Ethics Commission 1 Ashburton Place, 6th floor, Room 619 2017 NOV 13 PM 2:27 STATE ETHICS COMMISSION RECEIVED Boston, MA 02108 Dear David, The purpose of this memorandum is to disclose the relationship and interconnectedness of the Committee for Public Counsel Services (CPCS) and the Youth Advocacy Foundation (YAF). This disclosure is pursuant to G.L. c. 268A, §4 (c), §6, §23 (b) (2) (ii), and §23 (b) (3) of the Massachusetts conflict of interest law. The Foundation was incorporated as a 501(c) (3) on October 19, 2001 in MA "exclusively for the benefit of, to perform the functions of and to carry out the purposes of the unit of the Commonwealth of Massachusetts Committee for Public Counsel Services known as the Youth Advocacy Project (YAP), which subsequently became the Youth Advocacy Division of CPCS, by: Soliciting funds and donations to support Division in providing legal and other related social services to indigent children; Soliciting funds and donations and implementing research, educational or other outreach projects designed to inform the community on issues related to juvenile crime and to generally combat juvenile delinquency and to protect the human rights of indigent children; and Engaging in any other activities in support of the Division that are in furtherance of charitable, scientific and educational activities within the meaning of Section 501(c) (3) of the Internal Revenue Code. In a letter dated November 18, 2014, the Internal Revenue Service confirmed that the Youth Advocacy Foundation was a public charity described in section 509(a) (3) of the Code. The Foundation is intended to support CPCS and serves a distinct institutional interest of the agency. The CPCS annual budget does not always provide enough money to fully support improvements or innovations in the representation of indigent people, especially, but not limited to children and families. Many philanthropies and philanthropic individuals are interested in supporting improvements and innovations in the field. Many philanthropies are prohibited, by their own bylaws, from providing grants to any organizations that are not 501(c) (3) organizations. Moreover, the Board of the Directors of the Foundation serves as a powerful fundraising tool. The Foundation By-Laws approved October 26, 2013 state: "The Director of YAD shall serve ex-officio as the president of the corporation. The president of the corporation shall also be the chairperson of the Board and chief executive officer of the corporation and, subject to the control of the directors, shall have general charge and supervision of the affairs of the corporation. all deeds, leases, transfers, contracts, binds, notes, checks, drafts and other obligations made, accepted or endorsed by the corporation shall be signed by the president, a vice president, the clerk, or treasurer. The Chief Counsel of the Committee shall be entitled to appoint a majority of the directors on the board, with such majority to include the ex-officio director." The Director operates on behalf of the Foundation as any other president or chairman would, including raising funds for the Foundation and representing the Foundation before government agencies and other foundations and potential funders. CPCS provides administrative support, including the use of office space, and office equipment such as computers, phones, furniture, and other services to the Foundation for their use. I have made the determination that the following statements are true of the utilized resources: (1) the use of public resources is in furtherance of the public interest in general, rather than in pursuit of private gain; (2) the use of public resources is interconnected with the business of CPCS; and (3) the use of public resources is not for partisan political ends. Based on the CPCS relationship with the Foundation, I, as the appointing authority for CPCS, have designated the following employees as having a conflict free relationship with the Foundation. None have a financial interest in the Foundation. Their official job descriptions (attached) include language that authorizes this relationship: Director of the Youth Advocacy Division Assistant Director of the Youth Advocacy Division Administrative Assistants, Youth Advocacy Division Deputy Chief Counsel, Children and Family Law (CAFL) CPCS General Counsel CPCS Chief Information Officer CPCS Chief Financial Officer CPCS Accounting Director CPCS Facilities Manager Page 2 With regard to solicitations to the bar and vendors, the Foundation will give me and the State Ethics Commission a list of solicitations at the end of each fiscal year. Please contact CPCS General Counsel, Lisa Hewitt, if you have any additional questions or concerns. Sincerely. Anthony J. Benedetti Chief Counsel Page 3 The Commonwealth of Massachusetts Committee for Public Counsel Services 44 Bromfield Street, Boston, MA 02108-4909 TEL: (617) 482-6212 FAX: (617) 988-8495 ANTHONY J. BENEDETTI CHIEF COUNSEL Attachment to Letter to David A. Wilson, Executive Director, State Ethics Commission 2017 NOV 13 PM 2:27 STATE ETHICS COMMIS SION RECEIVED CPCS Employees Designated by the Chief Counsel as having a Conflict Free Relationship with the Youth Advocacy Foundation* The Committee for Public Counsel Services (CPCS) is the state agency in Massachusetts responsible for providing legal services to indigent persons in criminal and civil matters in which the state or federal Constitutions, state statute or case law require the appointment of counsel for any person who cannot afford to retain counsel. The agency provides representation on criminal, delinquency, youthful offender, child welfare, mental health, sexually dangerous person and sex offender registry cases, as well as, appeals and post-conviction cases related to those matters. 1) Director of the Youth Advocacy Division The Director is responsible for all areas of the Youth Advocacy Division (YAD). YAD ensures that every indigent child in Massachusetts has access to zealous legal representation that incorporates a Youth Development Approach, resulting in fair treatment in court on delinquency, Youthful Offender, GCL revocation, juvenile murder, juvenile appeals, and juvenile lifer parole release hearings. YAD works with each client to achieve both legal and life success. Accordingly, YAD provides leadership, training, support, and oversight to a diverse and collaborative juvenile defense bar across the state. Through individual representation and systemic advocacy, YAD partners with other state agencies, as well as community organizations and local agencies, to work toward creating safer and healthier communities. Specifically, the YAD Director serves as the President and Chairman of the Board of the Youth Advocacy Foundation. Since the Foundation is intended to support CPCS and serves a distinct institutional interest of the agency, the Director operates on behalf of the Foundation as any other president or chairman would, including raising funds for the Foundation. Responsibilities: Ensures the zealous representation of children and youth in juvenile delinquency, youthful offender, GCL revocation, juvenile murder, juvenile appeals, and juvenile lifer parole release hearings in which there is a right to court-appointed counsel.