STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
. . . . . . . . .
Wednesday, May 28, 2003
. . . . . . . . .
Ladyslipper Conference Room
Ground Level, Centennial Office Building
. . . . . . . . .
Meeting was called to
order by Chair Miller.
Members present: Ashmore, Fluegel, Kelley, Milbert, Miller,
Pauly
MINUTES (April 23, 2003)
Ms.
Pauly’s MOTION: To approve the April 23, 2003, minutes as drafted.
Vote on MOTION: Unanimously passed by five members
(Milbert absent).
CHAIR'S
REPORT
Next meeting is scheduled
for June 25, 2003.
Ms. Olson submitted the
following written report:
Staff Activities
Jeff Sigurdson attended the annual Heartland
conference in Little Rock, Arkansas, on April 28th and 29th. He presented information about the Board’s
recently compiled data regarding registration fees for lobbyists, candidates,
public officials, etc. charged by agencies through out the 50 states.
The Review of States’ Registration Fees
for Lobbyists, Political Committees, Candidates for Office, and Public
Officials was sent via e-mail to all United States members of the
Conference on Governmental Ethics Laws (COGEL). The document has been well received and will be updated yearly by
COGEL.
Information technology staff is working on a
process to allow lobbyists to register and report electronically via the
internet. Based on the new requirement
for fee collection, we will consider the possibility of establishing a
mechanism for payments to be made electronically on the Board’s website using
credit cards.
The following items are provided for in the
special session:
·
The Board’s
annual appropriation is $712,000. This
figure includes $15,000 in technology infrastructure money for small agencies
and a small increase to assist in the development of a fee collection process.
·
The fee
structure in the bill calls for each lobbyist registered on January 15, 2003,
to pay a fee of $50 per client by August 1, 2003. Each lobbyist principal required to file a report on March 15,
2003, is required to pay a fee of $50 by August 1, 2003. Both provisions sunset on June 30,
2004.
·
The Board is
directed to work with the regulated community (lobbyists, political committees,
political funds, political party units, and principal campaign committees) to
develop a fair and equitable fee schedule to begin in fiscal year 2005. The
recommended fee schedule must be completed by January 15, 2004.
·
The lobbyist
definition is amended to read, in part, that a lobbyist is an individual who is
paid more than $3,000, from all sources, in any year. The five-hour time provision is removed.
·
There is new
clarifying language that provides that volunteers who are not paid are not
required to register nor are lobbyist support staff if their salary and
associated administrative costs are reported by the lobbyist.
·
The
legislation provides for the elimination of one of the Lobbyist Disbursement
Reports. Currently reports are due
January 15th, April 15th, and July 15th. Beginning in 2004 reports will be due
January 15th and June 15th. As stated above, the Board is also directed to allow for
electronic filing of lobbyist registration and reporting forms. These provisions attempt to decrease the
Board’s administrative costs for the lobbying program and thereby decrease
lobbyist registration fees.
·
New
legislation allows the Board to accept electronic signatures consisting of passwords
assigned by the Board. This will
facilitate the electronic filing of lobbyist’s registrations and reports
immediately and all required reports in the future.
·
The Political
Contribution Refund program, public financing check-off, and the $1.5 million
appropriation to the general account of the state elections campaign fund
remain as they have been.
·
The Board’s
legislative recommendations passed the Senate.
The bill was not heard by the full House. The Senate removed the proposed change in the definition of
‘first-time candidate’.
Jeff Sigurdson reviewed the performance of
Joyce Larson for the past year. Ms.
Larson’s performance exceeds expectations and she will receive a step increase
under the terms of the AFSCME contract.
The Board’s student worker, Monica Fuentes,
position ended on May 22nd.
The annual COGEL conference is scheduled for
September 21 – 24 in Austin, Texas.
Generally, two staff and two Board members attend the conference.
Enforcement Report
Board Action: Authorization for referral to the Office of the
Attorney General for failure to file the Lobbyist Disbursement Report due April
15, 2003, and imposition of a $1,000 civil penalty. A late filing fee of $5 per day began to accrue on May 12,
2003. Two certified letters have been
sent and staff attempted to contact each individual by telephone.
Bridget Cronin, Families for
Effective Autism Treatment
Ray
Egan, ABATE Minnesota
Ray
Egan, Minnesota Motorcycle Riders Association
Kathleen
Maher, Lutheran Social Service of Minnesota
Suzanne
McIntosh, Clean Water Action Alliance
Carol
Overland, Public Intervenors Network, Inc. [Editor’s note: Ms. Overland’s report was received in the
Board office on May 28th]
Board Action: Authorization of a certified letter for payment of late filing fees,
which accrued because of the late filing of the Annual Report of Lobbyist
Principal due March 17, 2003. Two
reminder notices have been sent to the individual who filed the report and
staff attempted to contact each individual by telephone.
Advocates
for Marketplace: $10
American
Massage Therapy Association: $20
Andersen
Corporation: $5
Associated
Contract Loggers: $25
Clean
Water Action Alliance: $25
ClearChannel
Outdoor: $10
Minnesota
Alliance for Arts in Education: $5
Minnesota
Association of Charter Schools: $5
Minnesota
Hospital and Healthcare: $10
Minnesota
State University Student Association: $100
Northwest Airlines, Inc.:
$20
Northwest
Corridor: $10
Outfront
Minnesota: $20
Public
Intervenors Network: $30
PureChoice,
Inc.: $25
Sustainable
Energy for Economic Development: $25
Board Action: Authorization of a certified letter for
payment of late filing fees, which accrued because of the late filing of the
Lobbyist Disbursement Report due January 15, 2003. Two reminder notices have been sent to each lobbyist and staff
attempted to contact each individual by telephone.
C.
Scott Cooper, OutFront Minnesota: $55
Erin
Jordahl, Minnesota Humane Society: $30
Deborah
Loeser, Xcel Energy Services: $20
Joy
Sorenson Navarre, Minnesota Interfaith Council on Affordable Housing: $20
Timothy
Shields, Minnesota Federated Humane Society:
$40
Francis
X. Viggiano, Minnesota State University Student Association: $100
Marie
Zellar, Clean Water Action Alliance:
$100
Mr. Kelley’s MOTION: To
authorize the actions specified in the consent matters.
Vote on MOTION: Unanimously passed.
Waiver requests
·
Reports of
Receipts and Expenditures due October 28, 2002, and January 31, 2003
Laverne
Turner, candidate,
(Laverne) Turner for Senate, $2,600 ($600 in late filing fees, $2,000 civil
penalties) - Both reports were received in the Board office on May 27,
2003. In his request, Mr. Turner stated
that he encountered difficulties with his treasurer, and that he was frequently
out of town and unaware that the Board was seeking information from him. Mr. Turner has amended his registration to
become his own treasurer.
Mr. Fluegel’s MOTION: To: 1) deny Mr. Turner’s request to waive the $600 in
late filing fees; and 2) deny Mr. Turner’s request to waive the $2,000 civil
penalty and reduce the civil penalty to $1,000.
Vote on MOTION: Unanimously passed.
Judy
Gilbert, treasurer, 57th
Senate District DFL, $2,600 ($600 in late filing fees, $2,000 civil penalties)
– A Report of Receipts and Expenditures covering the period January 1 through
December 31, 2002, was received in the Board office on May 7, 2003. In her waiver request, Ms. Gilbert stated
that the treasurer appointed in 2002 provided members of the 57th
Senate District with assurances that reporting obligations were being met, when
in fact, they were not. Ms. Gilbert
stated that she was unable to obtain records from the previous treasurer until
April 24, 2003, at which time she completed a report that she believes contains
inaccuracies in the committees bank balance, given the limited information she
has been able to obtain from the previous treasurer.
Mr.
Milbert’s MOTION: To: 1) deny Ms. Gilbert’s request to waive the
$600 in late filing fees; and 2) approve Ms. Gilbert’s request to waive the
$2,000 in civil penalties.
Vote on MOTION: Unanimously passed.
Ms. Pauly offered an amendment to the
motion.
Mr. Milbert’s AMENDED MOTION: To: 1) deny Ms. Gilbert’s request to
waive the $600 in late filing fees; 2) approve Ms. Gilbert’s request to waive
the $2,000 in civil penalties; and 3) require Ms. Gilbert to continue working
with Board staff to make every reasonable effort to reconcile the committee’s
reports.
Vote on AMENDED MOTION: Unanimously passed.
·
Annual
Report of Lobbyist Principal due March 17, 2003
John
Bathke, lobbyist, Minnesota
Forestry Association, $1,100 ($100 late filing fee and $1,000 civil penalty) –
The Annual Report of Lobbyist Principal was received in the Board office on May
12, 2003. In his waiver request Mr.
Bathke stated that this is the first year that this association has not had an
Executive Director and that he was unaware of the Annual Report of Lobbyist
Principal requirement.
Mr. Milbert’s MOTION: To: 1) deny Mr. Bathke’s request to waive the $100 late
filing fee; and 2) deny Mr. Bathke’s request to waive the $1,000 civil penalty
and reduce the civil penalty to $100.
Vote on MOTION: Unanimously passed.
Authorization to administratively
terminate a lobbyist registration and to waive the late filing fee for the
Lobbyist Disbursement Report due April 15, 2003
Nancy Christianson, McDonough
Organization with Respect and Equality (MORE) - MORE staff notified Board staff
that Ms. Christianson was in a serious accident on February 27, 2003. MORE staff does not anticipate that Ms.
Christianson will return to lobbying and requested that the Board
administratively terminate her registration as a lobbyist. Due to the accident, Ms. Christianson’s
report due April 15, 2003, was not received.
All previous Lobbyist Disbursement Reports were filed on time.
Mr. Kelley’s MOTION: To
approve the request of the McDonough
Organization with Respect and Equality and direct staff to administratively
terminate Ms. Christianson’s lobbyist registration and discontinue efforts to
secure the Lobbyist Disbursement Report due April 15, 2003, and any late file
fee that may have accrued.
Vote on MOTION: Unanimously passed.
Requests for extension to amend the Report
of Receipts and Expenditures
· Daniel Justesen, treasurer, Independence Party of Minnesota - On May 16, 2003, the Board requested that the Independence Party of Minnesota provide additional information regarding the committee’s Report of Receipts and Expenditures for calendar year 2002. In his request dated May 23, 2003, Mr. Justesen asked for an extension to respond to this inquiry until June 28, 2003.
· Dee Drier, treasurer, (Satveer) Chaudhary for Senate - On May 8, 2003, the Board requested that the (Satveer) Chaudhary for Senate Committee provide additional information regarding the committee’s Report of Receipts and Expenditures for calendar year 2002. On May 23, 2003, Ms. Drier asked for an extension to respond to the Board’s inquiry until June 30, 2003.
Ms. Pauly’s MOTION: To approve the requests of Mr. Justesen and Ms. Drier to extend the deadline for amending the Report of Receipts and Expenditures for the Independence Party of Minnesota and the Chaudhary for Senate committee respectively.
Vote on MOTION: Unanimously passed.
· Kim Ellison, treasurer, Committee to Elect Keith Ellison - On March 18, 2003, Board staff requested that the Committee to Elect Keith Ellison provide additional information regarding the committee’s Report of Receipts and Expenditures for calendar year 2002. On May 27, 2003, Ms. Ellison asked for an extension to respond to the Board’s inquiry until June 20, 2003.
Mr. Fluegel’s MOTION: To approve the request of Ms. Ellison to extend the deadline for amending the Report of Receipts and Expenditures for the Committee to Elect Keith Ellison.
Vote on MOTION: Unanimously passed.
Mr. Milbert’s MOTION: To authorize the Board Executive Director to approve future written requests for an extension on an amendment to a committee report of up to 10 days without notifying the Board.
Vote on MOTION: Unanimously passed.
·
Report of
Receipts and Expenditures due October 30, 2000
Dennis
Grubich, candidate, (Dennis) Grubich for State Representative: $116 (through Revenue Recapture, final
payment)
Sheree Breedlove, candidate, Sheree Breedlove Volunteer Committee: $15 (through Revenue Recapture, final payment)
Dennis Grubich, candidate, (Dennis) Grubich for State Representative: $100 (through Revenue Recapture, final payment)
·
Report of
Receipts and Expenditures due October 28, 2002
Mike Fitzpatrick, treasurer, 17B House District RPM: $40 (through Revenue Recapture, remaining balance, $210)
John Thorson, member, AFSCME Council 14 PEOPLE Fund: $500
Jennifer O’Rourke, treasurer, Minnesotans for a Democratic Majority, $35 (remaining balance, $210)
·
Report of
Large Pre-general election contribution or loan
Donald
Hewitt, treasurer, Citizens for Julie Ward:
$500
·
Report of
Receipts and Expenditures due January 31, 2003
Ellen Anderson, candidate, Ellen Anderson
for Senate Volunteer Committee: $15
Marsha Miller, treasurer, (Ronald) Dicklich
for Senate: $5
Tom Paulson, treasurer, Ken McInnis
Volunteer Committee: $20
Michael Rentz, candidate, Friends of Michael
Rentz: $20
Adam Chose, treasurer, (Noah) Rouen
Volunteer Committee: $15
Gary Sabby, candidate, (Gary) Sabby Campaign
Committee: $30
Susan Rego, treasurer, (John) Skoog for
State Representative: $5
Justin Wallin, candidate, Justin Wallin for
Senate: $5
Carol A. White, candidate, Committee to
Elect Carol A. White: $5
·
Amendment
to Report of Receipts and Expenditures due January 31, 2003
Eric
Lipman, candidate, (Eric) Lipman for State Representative: $10
·
Special Election District 52B Report of
Receipts and Expenditures due February 4, 2003
Jay Kimble, candidate, (Jay) Kimble Volunteer
Committee: $150
·
Lobbyist
Disbursement Report due April 15, 2003
Tarryl Clark, lobbyist, Minnesota Community
Action Association: $15
John Eckerman, lobbyist, Rochester Area
Chamber of Commerce: $30
Phillip Kapler, lobbyist, Committee of
Nine: $30
Phillip Qualy, lobbyist, Phillip Qualy: $5
·
Annual
Report of Lobbyist Principal due March 17, 2003
ARC of Hennepin County: $5
COLLPAC:
$20
Courage Center: $10
FRM Associates: $10
Holiday Companies: $25
Minnesota Association of Personnel Services:
$15
Minnesota Rural Education Association: $5
Multi-Gaming Management, Inc.: $20
West-Metro Education: $20
·
Service of
Process Fees
Sheree
Breedlove, candidate, Sheree Breedlove Volunteer Committee: $114 (through Revenue Recapture, final
payment)
·
Conciliation agreements
Betty Folliard, candidate, Volunteers for Betty Folliard – In calendar year 2002, the Volunteers for Betty Folliard committee accepted aggregate contributions in excess of the special source contribution limit. The total amount of these contributions exceeded by $169 the applicable contribution limit. This was the second calendar year in which the Volunteers for Betty Folliard committee exceeded the special source contribution limit. Representative Folliard entered into a conciliation agreement on May 3, 2003, agreeing to return to contributors an amount sufficient to bring the committee in compliance with Minn. Stat. §10A.27, sub 11, and paid a civil fine of $338.
Mary Kiffmeyer, candidate, (Mary) Kiffmeyer for Secretary of State – In calendar year 2002, the Kiffmeyer for Secretary of State committee accepted aggregate contributions in excess of the special source contribution limit. The total amount of these contributions exceeded by $50 the applicable contribution limit. Secretary of State Kiffmeyer returned $50 to one contributor, entered into a conciliation agreement on April 28, 2003, and paid a civil fine of $50.
Connie Ruth, candidate, Connie Ruth Volunteer Committee – In calendar year 2002, the Connie Ruth Volunteer Committee accepted aggregate contributions in excess of the special source contribution limit. The total amount of these contributions exceeded by $150 the applicable contribution limit. Representative Ruth returned $150 to one contributor, entered into a conciliation agreement on May 6, 2003, and paid a civil fine of $150.
Steven Strachan, candidate, (Steven) Strachan Volunteer Committee – In calendar year 2002, the Strachan Volunteer Committee accepted aggregate contributions in excess of the special source contribution limit. The total amount of these contributions exceeded by $390.35 the applicable contribution limit. Representative Strachan entered into a conciliation agreement on May 10, 2003, agreeing to return to contributors an amount sufficient to bring the committee in compliance with Minn. Stat. §10A.27, sub 11, and paid a civil fine of $390.35.
·
Failure to
timely file Report of Receipts and Expenditures due October 28, 2002
John Thorson, member, AFSCME Council 14 PEOPLE Fund: $500
Satisfaction of
Conciliation Agreement:
· Patricia Anderson Awada, candidate, Patricia Anderson Awada for State Auditor Committee – In calendar year 2002 the Patricia Anderson Awada for State Auditor Committee accepted aggregate contributions in excess of the special source contribution limit. The total amount of these contributions exceeded by $2,282.75 the applicable contribution limit. State Auditor Awada entered into a conciliation agreement on April 27, 2003, agreeing to return to contributors an amount sufficient to bring the committee in compliance with Minn. Stat. §10A.27, sub 11. The Board imposed no civil fine.
· Dan Sparks, candidate, Citizens for (Dan) Sparks Committee – In calendar year 2002, the Citizens for (Dan) Sparks Committee accepted aggregate contributions in excess of the special source contribution limit. The total amount of these contributions exceeded by $439.50 the applicable contribution limit. Senator Sparks entered into a conciliation agreement on May 6, 2003, agreeing to return to contributors an amount sufficient to bring the committee in compliance with Minn. Stat. §10A.27, sub 11. The Board imposed no civil fine.
Gift
upon termination of a committee
·
State Elections Fund
·
State General
Fund
Michael Rentz, candidate, Friends of
Michael Rentz: $386.12
Board members reviewed a
draft spending plan for fiscal year 2004.
Ms. Pauly’s MOTION: To
approve the spending plan for fiscal year 2004 as drafted.
Vote on MOTION: Unanimously passed.
Board members reviewed a
draft Workplace Violence Prevention Policy and Plan based on the new conceal
and carry laws that take effect today.
Mr. Kelley’s MOTION: To
approve the Workplace Violence Prevention Policy and Plan as drafted.
Vote on MOTION: Unanimously passed.
The Employee Training and Development Plan as
approved in June 2002, was provided to Board members. No changes were made for fiscal year 2004.
Mr.
Milbert’s MOTION: To reaffirm
the Employee Training and Development Plan for fiscal year 2004.
Vote
on MOTION: Unanimously passed.
Financial statement and agency deposits - Mr. Sigurdson submitted reports covering July 2002 through April
2003.
ADVISORY
OPINION REQUEST
The following advisory opinion request is nonpublic data
Advisory
Opinion Request #348 – Acceptance of Gifts by a Local Official in a
Metropolitan Governmental Unit
Board members reviewed the advisory opinion request from a local official who asked if the official may accept certain gifts from lobbyists or lobbyist principals based on several hypothetical situations.
Mr. Kelley’s MOTION: To
approve Advisory Opinion 348 as drafted.
Vote on MOTION: Unanimously passed.
SUMMARY: ADVISORY OPINION #348 signed by Chair Clyde Miller, May 28, 2003: A metropolitan governmental unit may not retroactively accept gifts to local officials in order to make the gifts permissible under the provisions of Minn. Stat. §10A.071.
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
and chart attached).
8th Congressional COPE AFL-CIO Fund –The Board issued findings showing that there is probable cause to believe that the 8th Congressional COPE AFL-CIO Fund violated Minn. Stat. §10A.27, subd. 13, when it accepted excess contributions from 12 unregistered associations on August 20, 2002. The Board ordered the Fund to return the amount in excess of $100 to the 12 unregistered associations. 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
attachments
(2)