STATE OF MINNESOTA
CAMPAIGN
FINANCE AND PUBLIC DISCLOSURE BOARD
.
. . . . . . . .
Wednesday,
November 20, 2002
.
. . . . . . . .
Blazing
Star Conference Room
Ground
Level, Centennial Office Building
.
. . . . . . . .
Meeting was called to order by Chair Kelley.
Members present: Chambers, Fluegel, Kelley, Miller, Pauly, Spear
MINUTES
(October 23, 2002)
Ms. Pauly’s
MOTION: To
approve the October 23, 2002, minutes as drafted.
Vote on MOTION: Unanimously passed by five members (Chambers absent).
CHAIR'S
REPORT
·
Board Meeting Schedule
Next meeting is scheduled for December 18,
2002.
·
Board
Appointments
Ms. Olson submitted the following written
report:
·
Staff Activities
Data entry of campaign finance disclosure from the Pre-general Report of Receipts and Expenditures is complete for candidate committees. Work continues on data entry for political committees, political funds, and political party units.
The number of candidate committees that filed electronically for the pre-general reporting period decreased to 144 from the 181 filed for the pre-primary reporting period. The 144 includes all four of the major party gubernatorial candidates, which will significantly decrease staff data entry. Electronic reports were filed by 58 political party units, political committees, and political funds, which is up from the 46 that filed pre-primary reports electronically.
On Monday, November 4th, the Board’s website began listing the names of candidates, political party units, political committees and political funds whose reports had not been received. The information is updated nightly as reports are received.
The Legislative Recommendations Subcommittee
met on November 13th. A list
of proposed recommendations was available for Board review. Board members discussed and made minor
changes to the proposed list.
Ms. Pauly’s MOTION: To
approve the list of Board Legislative Recommendations as amended in discussion
and direct staff to send a final copy to the Revisor of Statutes office.
Vote on MOTION: Unanimously passed. (See copy Board Legislative
Recommendations attached)
Ms. Olson was directed to schedule meetings
with legislative leadership for January 2003.
Mr. Fluegel, Chair Kelley, Mr. Miller, Ms. Pauly, and Mr. Spear will
accompany Ms. Olson when available and appropriate.
Joyce Larson, Program Administrator, will be
out of the office for 4 to 6 weeks following surgery. Other staff members will take over her responsibilities while she
is gone.
Patti Klingner obtained another part-time
job and will work fewer hours for the Board as a result of the new position.
An updated version of Chapter 10A was made
available to Board members.
Enforcement Report
Board Action: Authorization for an inactive committee to
maintain active status
Bob Anderson, candidate, Volunteers for Bob
Anderson – Bob Anderson
requested that the Volunteers for Bob Anderson committee be allowed to remain
active until December 31, 2004. Mr.
Anderson is considering filing for office in 2004.
Board Action: Authorization of a certified letter for late
filing fees, which accrued because of the late filing of the Pre-primary Report
of Receipts and Expenditures due August 26, 2002, and subsequent legal
enforcement action if the fee is not paid. Two reminder notices have been sent to each treasurer and
candidate and staff attempted to contact each individual by telephone.
Jim
Pearson, Local 59 Political Fund:
$50
Tim
Bonham, Minneapolis DFL
Committee: $50
Matthea
Little Smith, Minnesota Black Political Action: $150
Jim
Farrell, Minnesota Licensed Beverage Association: $100
Jim
Meffert-Nelson, Minnesota Optometric Association: $500
Jeff
Ross, Zelle, Hoffman, Voelbel, Gette, LLP:
$500
Ms. Pauly’s MOTION: To authorize the
actions specified in the consent matters.
Vote on MOTION: Unanimously passed.
Request to administratively terminate a
political committee with a cash balance in excess of $100
New Democrat Network (NDN) – Brian G. Svoboda, legal counsel to NDN,
requested that the committee be allowed to terminate its registration with a
cash balance in excess of $100 retroactive to January 1, 2002. The committee was not required to register
with the Board and, with the exception of a one-time contribution, the funds
“were not raised for Minnesota purposes [and] were not spent in connection with
Minnesota elections.”
Mr. Spear’s MOTION: To
approve Mr. Svoboda’s request and allow the New Democrat Network committee to
terminate with a cash balance in excess of $100.
Vote on MOTION: Unanimously passed.
Waiver Requests
·
Report of
Receipts and Expenditures due January 31 and August 26, 2002
Greg
Dolce, treasurer, 61st Senate District RPM, $100 and $500 - The reports were received on October 28,
2002. In a letter Mr. Dolce stated that
he has serious health problems.
Mr. Fluegel’s MOTION: To approve Mr. Dolce’s request to waive the two late filing fees totaling $600 due to extenuating circumstances.
Vote on MOTION: Unanimously passed.
· Pre-primary Report of Receipts and Expenditures due August 26, 2002
Tom Paulson, treasurer, Ken McInnis
Volunteer Committee, $500 - The
report was received in the Board office on September 17, 2002. No motion was made.
Joan Molenaar, treasurer, Champlain DFLers,
$150 - The report was received in the Board office
on September 4, 2002. Ms.
Molenaar paid $50 of the late filing fee.
In a letter Ms. Molenaar requested that the remainder of the fee be
waived or allow her to arrange a payment plan for the remaining $100.
Vote on MOTION: Unanimously passed.
Christopher Kopka, co-chair and Merle
Pettersen, treasurer, Hennepin County DFL, $500 – The report was received in the Board
office on September 18, 2002. In a
letter Mr. Kopka stated that Ms. Pettersen has had four hospitalizations in the
past year and they are seeking a deputy treasurer to assist her in her
duties.
Mr. Spear’s MOTION: To
approve Mr. Kopka’s and Ms. Pettersen’s request to waive the $500 late filing
fee due to extenuating circumstances.
Vote on MOTION: Unanimously passed.
Geoff Baker, chair, Mower County Republican
Party, $400 – The report
was received in the Board office on September 12, 2002. In a letter Mr. Baker stated the committee’s
treasurer moved out of Minnesota in August 2002.
Ms. Chambers’ MOTION: To approve Mr. Baker’s request to waive the $400 late
filing fee due to extenuating circumstances.
Vote on MOTION: Unanimously passed.
Thomas Keliher, Deer Hunters of Minnesota
Political Action Committee, $500 – The report was received in the Board office on September 19,
2002. In a letter Mr. Keliher stated
that the committee was “practically dormant.”
No motion was made.
Bob Mlynar, treasurer, Minnesota
Conservation Officers Legislative Action Committee, $500 – The report was received in the
Board office on September 20, 2002. In
a letter Mr. Mlynar stated that he had a “full desk of paperwork”. No motion was made.
Jennifer O’Rourke, treasurer, Minnesotans
for a Democratic Majority, $500 - The report was received in the Board office on October 28, 2002. In a letter Ms. O’Rourke indicated that she
failed to check the Minnesotans for Democratic Majority mailbox. No motion was made.
·
Pre-general
Report of Receipts and Expenditures due October 28, 2002
Mona Carter, treasurer, Darrell Carter for
Senate, $50 - The report
was received in the Board office on November 4, 2002. In a letter Ms. Carter indicated that one of her children became
ill on October 30, 2002. No motion was
made.
Greg Hansen, candidate, Greg Hansen
Volunteer Committee, $50 -
The report was received in the Board office on November 4, 2002. In a letter Mr. Hansen indicated that his
report was late due to the death of a colleague. No motion was made.
Bob House, candidate, Bob House Campaign
Committee, $50 - The report
was received in the Board office on November 4, 2002. In a letter Mr. House indicated that he believed he did not have
another report due until the end of the year.
No motion was made.
Eileen Weber, treasurer, 2nd
Congressional District DFL, $50 - The report was received in the Board office on November 4, 2002. In a letter Ms. Weber indicated that she was
confused about the date on which late filing fees would begin to accrue. No motion was made.
Virgil Gunnarson, treasurer, 2nd
Senate District DFL, $50 -
The report was received in the Board office on November 4, 2002. In a letter Mr. Gunnarson stated that the
report was mailed on October 25, 2002.
Ms. Chambers’ MOTION: To approve Mr. Gunnarson’s request to waive the $50 late
filing fee due to extenuating circumstances.
Vote on MOTION: Unanimously passed.
Robert Saxton, treasurer, 11th
District Green Party, $50 –
The report was received on November 4, 2002. In a letter Mr. Saxton indicated that he was confused about
filing deadlines. No motion was made.
John Heinrich, treasurer, 45th
New Senate District DFL, $50
– The report was received on November 4, 2002.
In a letter Mr. Heinrich stated that he suffered a back injury three
weeks prior to the report’s due date.
No motion was made.
Jason Amundson, treasurer, 59th
Senate District DFL, $500 –
The report was received on November 19, 2002.
In a letter Mr. Amundson stated that he was on military leave when the
postcard informing him of late filing was received.
Vote on MOTION: Unanimously passed.
Isaac
Carter, treasurer, 66A House District DFL, $50 – The report was postmarked
on November 4, 2002. In a letter Mr.
Carter stated that mailed the report on September 25th as he was
leaving for vacation. He remailed a
copy of the report when he got home and saw the late notice.
Mr. Fluegel’s MOTION: To approve Mr. Carter’s request to waive the $50 late filing
fee.
Vote on MOTION: Unanimously passed.
Dale
Wilkinson, treasurer, Grassroots Party, $50 – The report was received on
November 6, 2002. Mr. Wilkinson sent a
check for $11, the balance remaining in the committees account, and terminated
the committee registration with the Board.
Ms. Pauly’s MOTION: To
accept Mr. Wilkinson’s payment of $11 and waive the remaining $39 of the late
filing fee.
Vote on MOTION: Unanimously passed.
Bart de Malignon, treasurer, Northfield
Green Party, $500 – The
report was received on November 18, 2002.
In a letter Mr. de Malignon stated that he mistakenly believed the
committee’s next report would not be due until January 31, 2003.
Mr. Spear’s MOTION: To deny
Mr. de Malignon’s request to waive the $500 late filing fee and reduce the late
fee to $100.
Vote on MOTION: Unanimously passed.
Greg Hansen, treasurer, Wright County DFL,
$50 – The report was
received on November 4, 2002. In a
letter Mr. Hansen indicated that his report was late due to the death of a
colleague. No motion was made.
Chung Hui, assistant to William Lucy,
treasurer, AFSCME, $500 –
The report was received on November 19, 2002. Mr. Hui provided a copy of a facsimile transmission confirmation
indicating that the facsimile was received on October 25, 2002.
Ms. Chamber’s MOTION: To
approve Mr. Hui’s request to waive the $500 late filing fee.
Vote on MOTION: Unanimously passed.
Sharon Vangsness, treasurer, VET-PAC of
Minnesota, $200 – The
report was received on November 7, 2002.
In a letter Ms. Vangsness stated that she had surgery on October 28th
and did not return to work until November 4, 2002, at which time she had the
report forms faxed to her.
Ms. Pauly’s MOTION: To
approve Ms. Vangsness’ request to waive the $200 late filing fee.
Vote on MOTION: Unanimously passed.
Reconsideration of Waiver Request for Report
of Receipts and Expenditures due August 26, 2002 (see September 25, 2002, Board
minutes)
Barbara Allen, treasurer, Brainerd Green
Party, $100 – In a letter
Ms. Allen stated “it is very difficult
for parties which are just becoming established to know all the rules and
regulations regarding filing of various paperwork, especially during election
years.” No motion was made.
Mark Borsheim, candidate, (Mark) Borsheim for Representative
Bill Dahn, candidate, Bill Dahn for Governor 2002
Kristin Fallenstein, treasurer, (Troy) Haefner for Senate
Brenda Welborn, treasurer, Darryl Spence for State
Representative
Sheila Sudbeck, candidate, Citizens for Sheila Sudbeck
Christopher Berg, treasurer, 4th Congressional
District Republican Labor Federation Marianne Beck, treasurer, 43rd
Senate District RPM
Mr. Spear’s MOTION: To
impose a $1,000 civil penalty for failure to file a Pre-primary Report of
Receipts and Expenditures on Mark Borsheim, Bill Dahn, Kristin Fallenstein,
Brenda Welborn, Sheila Sudbeck, and Christopher Berg, and Marianne Beck.
Vote on MOTION: Unanimously passed.
Mark Jorgensen, candidate, (Mark) Jorgensen
for State House: $50
Eldon Marier, treasurer, 39B House
Republican: $150
Betty Boeck, treasurer, 61st
Senate District DFL: $50
Barbara Allen, treasurer, Brainerd Area
Green Party: $100
Jennifer Paulson, treasurer, Brooklyn Center
DFL: $50
Daniel Kimmel, treasurer, Dakota County
Green Party: $50
Peter J. Kitzberger, treasurer, Nicollet
County DFL: $100
Randy Kamrath, treasurer, Yellow Medicine
County RPM: $150
Florence Jaeger, treasurer, Branch 28 NALC
Political Fund: $500
John Caile, treasurer, CCRN-PAC: $100
Joan Molenaar, treasurer, Champlain
DFLers: $50
Julia Slapp, treasurer, DFL Feminist
Caucus: $50
Scott Malcolm, treasurer, Lakes & Plains Regional Council of Carpenters and Joiners: $100
Sander Grotjohn, treasurer, Minnesota
Federation of Teachers-Greenway: $200
·
Pre-General
Report of Receipts and Expenditures due October 28, 2002
Dale Wilkinson, treasurer, Grassroots
Party: $11
James Tarney, treasurer, Neighbors for Life
PAC: $100
Patrick Igo, treasurer, St. Paul Republican
City Committee: $50
Sherry Mattsen, treasurer, Twin Cities
Republican Association: $100
Robert Killeen, treasurer, UAW Minnesota
State CAP Council Political Fund: $100
·
Lobbyist
disbursement report due July 15, 2002
Robert Illingworth, Minnesota Motorcycle
Association: $100
Contributions
Deposited in the State Elections Campaign Fund
·
Anonymous Contributions
Kurt
Anderson, treasurer, Tim Penny for Governor:
$250
P.
Fred Storti, treasurer, Minnesota Elementary Schools Principal’s
Association: $254.25
(Vi) Underdahl Volunteer Committee: $250
Brian Biele, candidate, Elect Brian T. Biele Committee: $100 (last payment on payment plan)
Financial
statement and agency deposits
- Mr. Sigurdson submitted
reports covering July through October 2002.
ADVISORY OPINION REQUEST
Board members reviewed a letter from a
public official asking for guidance on Minnesota Statutes §10A.07, Conflict of
Interest.
Mr. Fluegel’s MOTION: To approve Advisory Opinion 345 as drafted.
Vote on MOTION: Unanimously passed.
SUMMARY: ADVISORY OPINION #345 signed by
Chair Douglas A. Kelley, November 20, 2002:
Serving on both a state board and as an employee of an organization that receives funding from organizations that are regulated by the state board creates the potential for a conflict of interest. For an action or decision of a board member to be a conflict of interest the board member, or an organization that employs the board member, must benefit from the action or decision to a greater extent than any other individual or organization in the same business, profession, or occupation.
The following advisory opinion request is
public data
Advisory Opinion Request #346 – Noncampaign Disbursements for the Cost of Serving in Office
Board members reviewed a letter from
Christopher Dietzen, legal counsel for Governor-
Elect Tim Pawlenty, who asked several
questions concerning the appropriateness of paying expenditures for the
Governor-Elect’s transition committee from the Pawlenty for Governor
Committee.
Mr. Kelley’s MOTION: To
approve Advisory Opinion 346 as drafted.
Vote on MOTION: Unanimously passed by five members (Chambers absent).
SUMMARY: ADVISORY OPINION #346 signed by
Chair Douglas A. Kelley, November 20, 2002:
Costs related to serving in office may occur prior to a winning candidate taking the oath of office. Such costs may be paid with funds from the principal campaign committee of the candidate and reported as a non-campaign disbursement.
Counsel Huwe presented the legal counsel report
outlining the status of cases that have been turned over to the Attorney General’s
office (see copy of memo attached).
Counsel Huwe noted that the amended
complaint from the Minnesota Citizens Concerned for Life, Inc., David Racer,
and The Committee for State Pro-Life Candidates against the Board, et al., was
amended on November 15th.
The Board has 30 days to file the responsive pleadings.
Ms. Olson
stated that the Republican Party of Minnesota (Committee) has not paid the
$4,000 civil penalty imposed on the Committee for violation of Minn. Stat. §10A.17, subd. 4 (see
October 23rd Board minutes).
Board members directed Counsel Huwe to inform the Committee treasurer
in writing that the payment is due.
In the matter of the complaint regarding Carol Overland, Public Energy, Inc and Public Interveners Network, Inc – The Board issued findings showing that there is no probable cause to believe that Carol Overland meets the definition of lobbyist under Minn. Stat. §10A.01, subd. 212 (a) for Public Energy, Inc. The Board found that there is probable cause to believe that Carol Overland meets the definition of lobbyist for Public Interveners Network, Inc. The Board ordered that the findings and the record of the investigation be made a part of the public records of the Board (see copy of findings attached).
In the matter of the complaint regarding Meg Tilley for State House of Representatives Committee – The Board issued findings showing that there is no probable cause to believe that the Meg Tilley for State House of Representatives Committee’s use of the private residence in Eagan, MN as its campaign headquarters meets the reporting and recording threshold for an in-kind contribution under Minn. Stat. Ch. 10A. The complaint regarding the Meg Tilley for State House of Representatives Committee is dismissed. The Board ordered that the findings and the record of the investigation be made a part of the public records of the Board (see copy of findings attached).
Meeting adjourned.
Jeanne Olson
Executive Director