STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
. . . . . . . . .
Wednesday, January 15, 2003
. . . . . . . . .
Blazing Star Conference Room
Ground Level, Centennial Office Building
. . . . . . . . .
Meeting was called to order by Chair Kelley.
Members present: Ashmore, Fluegel, Kelley, Milbert, Miller
Ms. Pauly informed Board
staff that she would be unable to attend the meeting.
MINUTES (November
20, 2002)
Mr.
Fluegel’s MOTION: To approve the November
20, 2002, minutes as drafted.
Vote on MOTION: Unanimously passed.
CHAIR'S REPORT
Mr. Kelley’s MOTION: Resolved,
that the Campaign Finance and Public Disclosure Board recognizes Allan Spear for his
service from 2001 to 2003 as a member of the Board and offers this resolution
in appreciation for his investment of time and energy in support of the mission
and objectives of the Minnesota Campaign Finance and Public Disclosure Board;
and
Resolved,
that the Campaign Finance and Public Disclosure Board recognizes Susan Stevens
Chambers for
her service from 2002 to 2003 as a member of the Board and offers this
resolution in appreciation for her investment of time and energy in support of
the mission and objectives of the Minnesota Campaign Finance and Public
Disclosure Board.
Vote on MOTION: Unanimously
passed.
Chair Kelley reported that the nominating committee
recommends the following slate of officers for 2003: Clyde Miller, Chair, and Wil Fluegel, Vice Chair.
Mr. Milbert’s MOTION: To accept the report of the nominating committee and declare the
election of Mr. Miller, Chair and Mr. Fluegel, Vice Chair.
Next meeting is scheduled
for February 24, 2003.
Ms. Olson submitted the
following written report:
·
Staff Activities
Mr. Kelley participated in a Continuing Legal
Education seminar on January 10th entitled The Minnesota
Legislative Process. He presented
information about lobbying and the gift ban.
Staff will hold an
Informational Meeting for lobbyists on Thursday, January 16th.
Ms. Olson will be in
Washington, D.C., on January 31st to speak to the Campaign Finance
Institute Task Force on Financing Presidential Nominations. She will present information about
Minnesota’s experience with public funding of political campaigns.
Staff entered into a
contract with Gary Goldsmith to develop new features for Finance 2002. The contract runs through June 30th. The Board received a supplemental
appropriation in fiscal years 2002 and 2003 to maintain the application.
All public subsidy
agreements went out of effect on December 31, 2002. New agreements were mailed to all candidates on December 31st. Candidates were reminded that they may not
issue receipts for 2003 contributions until the new agreement is signed.
Board members and Ms.
Olson are meeting with key legislators to discuss the Board’s legislative
recommendations. Based on meetings with
Representatives Rhodes and Lipman, the Board may want to re-work the language
at Minn. Stat. §10A.01, subd. 18(2), about independent expenditures. The proposed language may be more
restrictive than intended.
Board members agreed by
consensus that language regarding independent expenditures and expenditure
limits should be written with assistance from legal counsel in the Senate and
House of Representatives.
The Board may wish to
offer an additional recommendation to provide that documents related to an
investigation are nonpublic data. Don
Gemberling, Director of the Information Policy Analysis Division of the
Department of Administration, offered assistance in drafting language to
address the Board’s concerns.
The Revisor of Statutes
office added the repeal of Board rules that are duplicative or obsolete to the
bill that contains the Board’s recommendations. Craig Lindeke suggested the addition as the least expensive way
to remove duplicative or obsolete rules.
Joyce Larson, Program
Administrator, returned to the office December 11th following
surgery and is now working full time.
Ms. Olson reviewed the
performance of LuAnn Swanson, Office Manager, and awarded her an achievement
award in recognition of her work in paying a record number of candidates public
subsidy, budget preparation, filling in open positions, and additional time
spent during Board activities in October.
Jeff Sigurdson reviewed the
performance of John Nesbitt, Information Systems Manager, and awarded him an
achievement award in recognition of his work in assisting 2002 candidates in
the use of Finance 2002. The principal
campaign committees of all four candidates for governor filed reports
electronically, thereby reducing many staff data entry hours.
Patty Klingner, Programs
Assistant, resigned her part-time position with the Board. Under current state guidelines, the position
will not be filled at this time.
Staff was
informed by the Department of Finance that we must plan for a 20% decrease in
the budget for fiscal year 2004. The
Board previously approved the required 10% decrease from the fiscal year 2003
budget. It will be difficult to manage
a 20% decrease without a further reduction in staff.
Staff was also informed
that the Department of Finance is looking at a fee for service structure for
lobbyist registration and reporting.
A list of finance and
policy committees that deal with the Board and its issues and the members on
those committees were available for Board members.
The confirmation of the
appointments of Ms. Ashmore and Mr. Milbert will by heard in the House
committee on January 21st.
The Senate will hear the confirmations some time in February.
Enforcement Report
Board Action: Authorization
of a certified letter for late filing fees, which accrued because of the late
filing of the Report of Receipts and Expenditures due October 28, 2002, and
subsequent legal enforcement action if the fee is not paid. Two reminder notices have been sent to each
treasurer/candidate and staff attempted to contact each individual by
telephone.
Michelle Plummer, treasurer, Timothy A.
Davis, Sr. Volunteer Committee: $500
Daniel Pryzblyski, treasurer,
Friends of Paul Kess: $250
Jeff Scott, candidate,
Residents for Jeff Scott for Senate:
$100
Jonathan Bien, treasurer, 6th
New Congressional District RPM: $200
Mike Fitzpatrick, treasurer,
17B House District RPM: $250
John Heinrich, treasurer, 45th
New Senate District DFL: $50
Diane Krych, treasurer,
Carlton County RPM: $500
Phil Moen, treasurer, Lincoln
County DFL: $50
C. Thomas Keegel, treasurer, Democratic,
Republican, Independent Voter Education:
$150
Sander Grotjohn, treasurer, MFT-Greenway
Local 1330 COPE Fund: $50
Grant Lebens, treasurer,
Minnesotans for a Republican Majority:
$500
Board Action: Authorization for
referral to the Office of the Attorney General for failure to file the
Pre-general Report of Receipts and Expenditures due October 28, 2002, and
imposition of a $1,000 civil penalty.
Two reminder notices have been sent and staff attempted to contact each
individual by telephone. The second
notice informed these individuals that they were subject to a $1,000 civil
fine.
Mark Borsheim, candidate,
(Mark) Borsheim for Representative
Sheree Breedlove,
candidate, Sheree Breedlove Volunteer Committee
Ray Egan, candidate, (Ray)
Egan for Senate
Michael Fedor, candidate,
Mike Fedor for State Senate
Kristin Fallenstein,
treasurer, Haefner for Senate
Tammy Hanson, treasurer,
(Bill) Hamm for Senate
Wendy Snyder, treasurer,
Patty Lammers for State Representative
Tom Porter, candidate, Tom
Porter for State Legislator Committee
Phil Ratte, candidate,
(Phil) Ratte for State Representative
Brenda Welborn, treasurer,
Darryl Spence for State Representative
Jason Sprague, treasurer,
(James) Sprague for State Representative 8B
Eleanor Frengi, treasurer,
(Laverne) Turner for Senate
Marinane Beck, treasurer,
43rd Senate District RPM
Gary Lee, treasurer, 57th
Senate District DFL
Megan Heikes,
treasurer, Cook County GPM
Christopher Berg, treasurer, 4th
Congressional District Republican Labor Federation
Robin Madsen,
treasurer, AFSCME Council 14 PEOPLE Fund
James
Meffert-Nelson, treasurer, Minnesota Optometric Political Action
Committee
Board Action: Authorization
for inactive committees to retain active status.
Clement Benoit, treasurer, Don
Schirrick Volunteer Committee - Mr. Benoit requested that the Board
allow the committee to retain active status so that the committee can pay off a
$293.82 debt. Mr. Benoit stated that
the committee intends to terminate within three months.
Nick Petrangelo, treasurer, City of
Duluth Supervisory Association PAC - Mr. Angelo requested that the Board allow
the committee to retain active status due to a 2003 Mayoral election.
Mr. Fluegel’s MOTION: To authorize the actions specified in the consent matters.
Vote on MOTION: Unanimously passed.
Waiver Requests
·
Pre-primary Report of Receipts and Expenditures due August 26, 2002, and
the Pre-general Report of Receipts and Expenditures due October 28, 2002
Bill Dahn, candidate, Bill Dahn for Governor 2002, $2,000 - The reports and a
Statement of Termination were received in the Board office on December 27th. In his waiver request, Mr. Dahn stated that
he lost his campaign paperwork when he became homeless, and requested that the
late filing fee be waived.
Mr.
Fluegel’s MOTION: To approve Mr.
Dahn’s request to waive the two $500 late filing fees and the $1,000 civil
penalty.
Vote on MOTION: Unanimously
passed.
Mr.
Milbert’s MOTION: To approve Ms.
Sudbeck’s request to waive the two $500 late filing fees and the $1,000 civil
penalty.
Vote on MOTION: Unanimously
passed.
Michael
Moore, candidate, Friends
to Elect (Michael) Moore, $100 – The report was received in the Board office on
November 4, 2002. Mr. Moore indicated
that he was not a candidate in the general election and that he intends to
terminate his committee.
Mr. Fluegel’s MOTION: To approve Mr. Moore’s request to waive the $100 late
filing fee.
Vote on MOTION: Unanimously passed.
Jay
Shaw, chair, Lake County
RPM, $500 – The report was received in the Board office on December 12,
2002. Mr. Shaw indicated that treasurer
of the committee quit, but did not forward the paperwork needed to complete the
report until after the report was due.
Vote on MOTION: Unanimously passed.
Susan
Rosenberg, treasurer,
Richfield Democratic Farmer Labor Party, $500 – The report was received in the
Board office on November 27, 2002. Ms.
Rosenberg stated that she believes the report forms sent to her committee were
lost in the mail. Ms. Rosenberg stated
she was not aware that the committee was required to file a pre-general report
until she received a certified notice from the Board. The committee filed three late reports between 1993 and 1996,
under a different treasurer. No motion
was made.
Lee
Carlson, chair, Watonwan
County DFL, $450 – The report was received in the Board office on November 14,
2002. In his waiver request Mr. Carlson
stated that the treasurer told him that he faxed the report to an incorrect
number.
Vote on MOTION: Unanimously passed.
Bruce
Anderson, treasurer, Minnesota Retailers Association, $50 – The report was
received in the Board office on November 1, 2002. Mr. Anderson stated “with the chaos of the election season and
numerous difficulties with the Finance 2002 software, we regret that the report
was not filed on the exact due date.”
No motion was made.
Roxanne
Kirk, treasurer, Bemidji
Central Labor Party, $250 - The report was
received in the Board office on November 8, 2002. Ms. Kirk stated that due to the committee’s small size and
limited staff and budget the committee’s mail is not distributed regularly and
a $250 late filing fee would cause the
committee hardship.
Vote on MOTION: Unanimously passed.
Robert
Kudrle, treasurer,
University of Minnesota Faculty Candidate Support Committee, $250 - The report
was received in the Board office on November 8, 2002. In his waiver request Mr. Kudrle stated that all previous
reports, including the pre-primary report were sent to the correct
address. Mr. Kudrle stated that he did
not request that Board staff change his address, but the Board database shows
an incorrect address for Mr. Kudrle.
Mr. Kudrle has paid the late filing fee, but is requesting that the
Board consider refunding a portion of the fee, given that the address change
was not requested and the post-office box the report was sent to is rarely
used.
Mr. Fluegel’s MOTION: To approve Mr. Kudrle’s request to waive the $250 late
filing fee and direct staff to refund $250 to Mr. Kudrle.
Vote on MOTION: Unanimously passed.
·
Reassessment
of a late filing fee for failure to file the Pre-general Report of Receipts and
Expenditures due October 28, 2002 (see November 20th minutes)
Dale
Wilkinson, treasurer,
Grassroots Party, $50 – At it’s meeting on November 20, 2002, the Board voted
to reduce Mr. Wilkinson’s late filing fee from $50 to $11, the balance
remaining in the committee bank account.
Mr. Wilkinson’s check for $11 was written on a closed account and
returned to the Board.
Mr. Milbert’s MOTION: To waive Mr. Wilkinson’s $50 late filing fee.
Vote on MOTION: Unanimously passed.
Jennifer
Bjornberg, treasurer,
(Nancy) Haas for House, $500 - Board staff notified Ms. Bjornberg that the
Board had not received timely notice of a $3,000 loan from the candidate to the
committee. Ms. Bjornberg stated that in
discussions with Board staff regarding proper reporting of the loan, she was
not informed of the 48-hour notice requirement. No other reports of large contributions were due.
Mr. Milbert’s MOTION: To approve Ms. Bjornberg’s request to waive the $500 late filing
fee.
Vote on MOTION: Unanimously passed.
Laurie
Hilty, (Bill) Hilty
Volunteer Committee, $500 - Board staff notified Ms. Hilty that the Board had
not received timely notice of a $500 contribution. In her waiver request Ms. Hilty stated that she believed she sent
the report via facsimile on August 26, 2002.
Ms. Hilty stated that she was rushed when she sent the facsimile, and
did not confirm that the fax sent was received.
Mr. Fluegel’s MOTION: To deny Ms. Hilty’s request to waive the $500 late filing
fee and reduce the late fee to $100.
Vote on MOTION: Unanimously
passed.
Steve
Billings, treasurer,
(Steven) Novak for Senate Volunteer Committee, $500 - Board staff notified Mr.
Billings that the Board had not received timely notice of a $500
contribution. In his waiver request Mr.
Billings stated that he sent the report via facsimile on August 30, 2002. Mr. Billings did not provide a facsimile
confirmation and Board facsimile records for that date do not indicate that a
facsimile was received from Mr. Billings.
Vote on MOTION: Unanimously passed.
·
Pre-General
Report of Large Pre-Election Contribution or Loan
Barbara Bemboom, treasurer, (Dennis) Molitor for House 14A,
$500 – The Report of Large Pre-Election Contribution or Loan was received on
January 8, 2003. In her waiver request
Ms. Bemboom stated that she forgot to file notice of a $500 contribution due to
extenuating circumstances in her personal life.
Vote on MOTION: Unanimously passed.
·
Statement
of Economic Interest due January 10, 2003
Margaret Manderfeld, Department of Economic Security, $5 – The
Statement of Economic Interest was received on January 13, 2003. In her waiver request, Ms. Manderfeld stated
that she fell behind in her paperwork due to travel, illness, and the illness
of a family member. This is the first
Economic Interest Statement Ms. Manderfeld has filed with the Board.
Mr. Fluegel’s MOTION: To approve Ms. Manderfeld’s request to waive the $5 late
filing fee.
Vote on MOTION: Unanimously
passed.
Request for payment plan for late filing fee (see November 20th minutes)
Jennifer O’Rourke, treasurer, Minnesotans for a Democratic
Majority, $350 – Ms. O’Rourke has paid $150 of the $500 late filing fee. In her request Ms. O’Rourke stated that the
committee’s funds are limited, and requested to pay $35 per month for the next
ten months.
Vote on MOTION: Unanimously
passed.
Payment of late filing fees
·
Report of
Receipts and Expenditures due January 31, 2002
James Meffert-Nelson, treasurer, Minnesota
Optometric Political Action Committee:
$100
·
Report of
Receipts and Expenditures due August 26, 2002
Jim Pearson, treasurer,
Local 59 Political Fund: $50
Tim Bonham, treasurer,
Minneapolis DFL: $50
Bob Mlynar, treasurer,
Minnesota Conservation Officers Legislative Committee: $500
Jennifer O’Rourke, treasurer,
Minnesotans for a Democratic Majority:
$150 (balance $350)
Thomas Diedrich,
treasurer, United Northwest Sales Representatives Association: $500
Jeff Ross, treasurer,
Zelle, Hoffman, Voelbel, Mason & Gette:
$500
·
Report of
Receipts and Expenditures due October 28, 2002
Mona Carter, treasurer,
Darrell Carter for Senate: $50
Greg Hansen, candidate,
Greg Hansen Volunteer Committee: $50
Bob House, candidate, Bob
House for the House Committee: $50
Darren Knight, candidate,
Darren Knight for the House of Representatives: $200
Stephen Castner,
treasurer, Steven Murphy Volunteer Committee:
$100
Cathy Wolter, treasurer,
(Jim) Pithan Volunteer Committee: $50
Richard Roche, candidate,
Citizens for Richard Roche: $100
Jennifer Benton,
treasurer, (Kari Sachs) Minnesota Socialist Workers Campaign 2002: $50
Eileen Weber, treasurer,
2nd Congressional District DFL:
$50
Lillian Ortendahl,
treasurer, 11th Senate District DFL: $50
Thor Carlson, treasurer,
19th Senate District DFL:
$50
Erik Dove, treasurer, 38th
Senate District RPM: $50
Jason Amundson,
treasurer, 59th Senate District DFL: $100
Tim Bonham, treasurer, 62nd
Senate District DFL: $50
Douglas Thompson,
treasurer, Clearwater County DFL: $500
Tim Bonham, treasurer,
Minneapolis DFL: $50
Bart de Malignon,
treasurer, Northfield Green Party: $100
Rory Koch, treasurer,
Ramsey County Republicans: $50
Harmon Wilts, treasurer,
Swift County DFL: $50
Greg Hansen, treasurer,
Wright County DFL: $50
Joan Molenaar, treasurer,
Champlain DFLers: $50 (remaining
balance $50)
Ann Marie Habershaw,
treasurer, Democratic Congressional Campaign Committee: $150
Steve Palkovich,
treasurer, Iron Range Labor Assembly:
$150
John Choi, member,
K&G/JWB PAC: $50
Wyman Spano, treasurer,
Minnesota Milk PAC: $100
David Knutson, treasurer,
Minnesota Public Defender PAC: $50
Patricia Ford, treasurer,
Service Employees International Union:
$50
Robert Kudrle, treasurer,
University of Minnesota Faculty Candidate Support Committee:
$250 (see page 8)
Nyle Zikumund, treasurer,
Volunteer Fire Fighter Political Committee:
$200
Payment of fee for failure to timely Pre-primary Notice of a Large
Contribution between August 2002, and September 10, 2002
Sonia Feder-Lewis, treasurer, Neighbors for Matt Entenza: $500
·
Sonia
Feder-Lewis, treasurer, Neighbors for Matt Entenza: $419 - During calendar year 2002, the Neighbors for Matt Entenza
committee accepted excess contributions from special sources, which exceeded
the applicable limit. Matt Entenza
entered into a conciliation agreement on December 4, 2002, and paid a civil
fine of $419.
Contributions
Deposited in the State Elections Campaign Fund
·
Gift to
State Elections Campaign Fund upon termination of principal campaign committee
Jennifer Gallagher, candidate, Scott County Citizens for
(Jennifer) Gallagher: $2,275.39
Deborah Olson, treasurer, (Hubert) Humphrey for Governor
Committee: $1,450
Russ Goudge, candidate, Russ Goudge for State
Representative: $200
Gerry Werven, candidate, Gerry Werven for Senate: $28.53
Lisa Agrimonti, Xcel
Energy, registered with the Board and reported for the period covering April 1,
2002, through June 30, 2002
Kerry Koep, Xcel Energy,
registered with the Board and reported for the period covering November 1,
2001, through May 22, 2002
Lobbyist Disbursement Report filed at Board direction
(see
November 20th minutes)
Carol
Overland filed a Lobbyist Disbursement Report for Public Intervenors Network,
Inc. for the period of January 1, 2002, through June 30, 2002. Ms. Overland reported $20,175.50 in
disbursements.
Financial statement and agency deposits - Mr. Sigurdson submitted reports covering July through December 2002.
LEGAL COUNSEL’S REPORT
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 Board has until
March 10th to decide if they wish to appeal Judge Lindman’s decision
in the matter of the Board vs Minnesota DFL.
Meeting
adjourned.
Jeanne
Olson
Executive
Director
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