STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
. . . . . . . . .
Wednesday, September 17, 2003
. . . . . . . . .
Ladyslipper Conference Room
Ground Level, Centennial Office Building
. . . . . . . . .
Meeting was called to
order by Chair Miller.
Members present: Ashmore, Fluegel, Milbert, Miller, Pauly
Mr. Kelley notified staff
he would be unable to attend the meeting.
MINUTES (August
27, 2003)
Mr. Fluegel’s
MOTION: To approve the August
27, 2003, minutes as drafted.
Vote on MOTION: Unanimously passed.
CHAIR'S
REPORT
Next meeting is scheduled
for October 22, 2003.
Board members and staff
who attended the public meetings on September 9th and 10th
for public comment on the proposed fee schedule agreed that both meetings went
well. About 50 individuals attended the
meetings and provided valuable comments and suggestions.
Ms. Pauly’s MOTION: To ratify the action of staff and
Vice Chair Fluegel in the findings in the matter of Tim
Pawlenty and the (Tim) Pawlenty for Governor Committee.
Vote on MOTION: Unanimously passed by four members (Miller abstained).
Ms. Olson submitted the
following written report:
Staff Activities
Second certified letters were sent to 61
lobbyists and 111 lobbyist principals on September 5th who had not
paid the fee. The letters stated that a
late filing fee of up to $100 began accruing on August 29th and a
civil penalty of up to $1,000 may be assessed beginning September 17th. Since these fees are new, there has been
confusion about who has to pay. As of
yesterday, 61 lobbyists and 108 lobbyist principals have not paid the required
$50 fee.
Lobbyists have paid total fees of $135,550
and lobbyist principals have paid fees totaling $56,500.
As of yesterday, all but 80 lobbyist reports
due July 15th had been filed.
Ms. Olson will be in Austin, Texas, from
September 22nd to the 24th to attend the annual Council
on Governmental Ethics Laws conference.
From September 23rd through
September 25th the Board’s website will be featured on the State of
Minnesota’s home page. Staff is working
to bring the site up-to-date.
Staff is working on the Lobbyist
Disbursement Summary. We will
incorporate the information from the March 15th Annual Report of
Lobbyist Principals into the summary for the first time.
On October 1st Ms. Olson will
present information at a Continuing Legal Education seminar for attorneys from
the Revisor of Statutes Office.
Legislative employees are prohibited from accepting gifts from lobbyists
and lobbyist principals.
Mr. Kelley and Ms. Olson have been asked to
present information to the Minnesota Government Relations Council on October 21st. The Coucil is interested in the fee
structure process.
Following the
August Board meeting, the Fee Study Internal Guidelines were posted on
the Board’s website and an e-mail was sent to all ‘Interested Persons’.
Staff continues work on determining the
percentage of Board resources used in each of the named programs.
Representative Jim Davnie asked the Board to
reconsider which lobbyists are required to pay the fee. Ms. Olson checked with Counsel Huwe early in
the process and it was agreed that those lobbyists who Representative Davnie
thought should not have to pay the fee, actually do have to pay the fee.
Ms. Olson introduced Christine Eliasson, the
Board’s new receptionist. Ms. Eliasson
began work with the Board on September 2nd.
Mr. Sigurdson reviewed the performance of
Leah Drilias, Compliance Officer. Ms.
Drilias’ performance this past year has been excellent and she will receive a
step increase and the achievement award of $1,000 available under the terms of
the MAPE contract.
Mr. Sigurdson reviewed the performance of
John Nesbitt. Mr. Nesbitt’s performance
meets standards and he will receive a step increase under the terms of the MAPE
contract.
Enforcement Report
Discussion Items
Request
for refund of Lobbyist Registration Fee and Principal Registration Fee
David Markle, lobbyist, Artists, Composers and Authors Caucus - Mr. Markle, the sole lobbyist for the Artists, Composers and Authors Caucus, requested that the Board allow him to terminate his registration as a lobbyist, retroactive to December 31, 2002. Mr. Markle stated that no lobbying or lobbying expenditures occurred after December 31, 2002. Mr. Markle further requested that the Board refund his $50 lobbyist registration fee and the Artists, Composers, and Authors Caucus’ $50 principal registration fee. Mr. Markle’s registration with the Board was terminated on July 31, 2003. No motion was made.
Authorization to publish on the Board’s website a list of lobbyists and principals who have not yet paid their registration fees due August 1, 2003
At its meeting of August 28, 2002, the Board approved listing the names of clients who fail to timely file reports on the Board’s website. Board members may wish to consider also publishing the names of lobbyists and principals who have not paid their registration fees. Two certified letters have been sent to each lobbyist and principal who have not paid the fee due August 1, 2003. No motion was made.
Laverne Turner, candidate, (Laverne) Turner for Senate
(see May 28th and August 27th minutes) - Mr. Turner
requested that the Board consider a payment plan of $35 a month for 23 months
until his $800 late filing fee is paid.
Mr.
Fluegel’s MOTION: To: 1)
approve Mr. Turner’s request for a payment schedule of $35 per month; and 2)
notify Mr. Turner that if the payments are not timely made, the remainder of
the late filing fees will be due immediately.
Vote
on MOTION: Unanimously passed.
AT&T Wireless Services: $20
Committee of Nine: $15
Minnesota Association of Optometrists and Opticians: $10
Minnesota Chiefs of Police Association: $35
Northwestern Health Sciences University: $10
Stephen Bolles, Northwestern Health Sciences University: $10
Angela Fontanta, Allstate Insurance Company: $10
Tim Seck, Great River Energy: $5
Payment of Civil Fine
Keith Ellison, candidate,
Committee to Elect Keith Ellison - In calendar year 2002, the Committee to Elect Keith Ellison accepted
aggregate contributions in excess of the special source contribution
limit. The total amount of these
contributions exceeded by $524 the special source contribution limit. Representative Ellison entered into a
conciliation agreement on July 29, 2003, which required him to return an amount
sufficient to bring his committee into compliance, and pay a civil fine of
$524.
Financial statement and agency deposits - Mr. Sigurdson submitted a report covering July 1 through August
2003.
Annual Report July 1, 2002, through June 30, 2003 – Board members reviewed a draft Annual Report for fiscal year 2003.
Ms. Pauly’s MOTION: To approve the Annual Report for fiscal year 2003 as drafted.
Vote on MOTION: Unanimously passed.
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).
Findings in the Matter of the Complaint Regarding the Committee to Elect (Keith) Ellison - The Board issued findings showing that there is no probable cause to believe that reporting violation alleged in the complaint continues to exist because the committee amended the Report of Receipts and Expenditures for calendar year 2002 to include all expenditures. 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).
Findings in the Matter of the Complaint
Regarding the Minnesota Vikings
Football Club – The Board issued findings showing that there is: 1) no probable cause to believe that the Minnesota Vikings or legislators attending an event violated Minn. Stat. §10A.071; 2) probable cause to believe that legislators had enhanced access to the playing fields and coaching staff; 3) probable cause to believe that contemporaneous payment by legislators should have been made to the Minnesota Vikings as the entity that provided the goods, and not to the Minnesota Vikings Children’s Fund; and 4) no probable cause to believe that the attending legislators received preferential treatment for admission to the training camp events. 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