STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
FINDINGS IN THE MATTER OF A COMPLAINT REGARDING MAPE-PAC
On June 2, 2002, Ken Genz, ("Complainant"), filed a complaint with the Campaign Finance and Public Disclosure Board ("Board") alleging that MAPE-PAC (#30270) ("Respondent") violated certain provisions of Minnesota Statutes, Chapter 10A.
The Complainant alleged that the Respondent failed to itemize expenditures on the Respondent's Reports of Receipts and Expenditures from 1998 through 2001, as required by Minn. Stat. 10A. 20, subd. 3 (g). The Complainant alleged that these lump-sum expenditures total $62,783.11. The Complainant further alleged that the Respondent commingled funds in violation of Minn. Stat. 10A.11, subd. 5
The Complainant submitted no evidence in support of his complaint. However, the Board's records do indicate that on its Reports of Receipts and Expenditures for 1998 through 2001 the Respondent listed expenditures totaling $48,654.55 without the disclosure required by Minn. Stat. 10A.20, subd. 3 (g).
By letter dated June 7, 2002, the Respondent was notified of the complaint and afforded an opportunity to respond. James Monroe, Executive Director, MAPE, responded on behalf of MAPE-PAC on July 23, 2002, and provided an itemization of the expenditures. Upon request of Board staff, Mr. Monroe provided additional information about specific expenditures on August 7, 2002, and August 16, 2002.
The Board considered this matter in executive sessions on July 24, 2002, and August 28, 2002.
Based on the record before it, the Board issues the following:
STATEMENT OF THE EVIDENCE
1. MAPE-PAC is a political committee that registered with the Board on December 30, 1985.
2. Minn. Stat. 10A.20, subd. 3 (g), requires that reporting entities disclose the name and address of each individual or association to whom aggregate expenditures in excess of $100 have been made. Minn. Stat. 10A.20, subd. 3 (g), also requires that the reporting entity disclose the amount, date, and purpose of each expenditure. MAPE-PAC did not provide this information on its Reports of Receipts and Expenditures from 1998 through 2001.
3. Upon notification that its reports were incomplete, MAPE-PAC provided the itemization required by Minn. Stat. 10A.20, subd. 3 (g).
4. There is no evidence that indicates that MAPE-PAC commingled funds in violation of Minn. Stat. 10A.11, subd. 5.
Based on the above Statement of the Evidence, the Board makes the following:
FINDINGS CONCERNING PROBABLE CAUSE
1. There is no probable cause to believe that MAPE-PAC commingled funds.
2. There is no probable cause to believe that the reporting violations alleged in the complaint continue to exist. When MAPE-PAC's Reports of Receipts and Expenditures from 1998 through 2001 were filed with the Board, they failed to include all statutorily required disclosure. Pursuant to notice from the Board of these inadequacies, the committee amended these reports.
Based on the above Findings, the Board issues the following:
The complaint regarding the commingling of funds is dismissed. The reporting violation alleged in the complaint having been resolved, the Board's investigation of the matter is concluded. The record in this matter and all correspondence is hereby entered into the public record in accordance with Minn. Stat. 10A.02, subd. 11.
Board staff shall provide copies to James Monroe and Ken Genz.
Douglas A. Kelley, Chair
Campaign Finance and Public Disclosure Board