STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
. . . . . . . . .
Wednesday, November 19, 2003
. . . . . . . . .
Blazing Star Conference
Room
Ground Level, Centennial
Office Building
. . . . . . . . .
Meeting was called to
order by Chair Miller.
Members present: Ashmore, Kelley, Miller, Pauly
Mr. Fluegel and Mr.
Milbert informed Board members they would be unable to attend the meeting.
MINUTES (October 22, 2003)
Mr.
Kelley’s MOTION: To approve the October 22, 2003, minutes as drafted.
Vote on MOTION: Unanimously passed.
CHAIR'S
REPORT
Next meeting will be held
on the afternoon of December 17th or 18th depending on
the availability of Board members.
·
Nomination Sub-Committee Report
Chair Miller reported that the Nomination
Sub-committee will recommend the following slate of officers for 2004 for
approval at the December Board meeting:
Wil Fluegel, Chair and Teri Ashmore, Vice Chair.
The Board reviewed
and evaluated fee schedule options prepared by staff and the Board’s
consultant, Mark Scipioni, Management Analysis Division, Department of
Administration. The Board discussed
alternatives and selected one option for each category of the Board’s clients
as specified in the legislative directive and the study guidelines (with the
exception of Political Party Units, where two options were kept in
discussion). The Board asked staff and
the consultant to make minor modifications to one of the Political Committees
and Funds options as to fee levels and to the four Political Party Unit options
to clarify that these options represented a “rate” that would be applied to the
several levels of fees.
The Board will confirm
the selected options, as modified, and may select one of the Political Party
Unit options at the December meeting.
Also at the December meeting, the Board will review the draft
legislative report and/or an executive summary of the report. A transmittal letter signed by the Board
Chair will accompany the final report to the Legislature. The Board directed that the communication to
the Legislature should include a notation that the Board recommends that fees not
be imposed on its clients, consistent with the information received in written
comments and public meetings. The
report will be made available to interested parties before the January 15,
2004, deadline for delivery to the Legislature.
Ms. Olson submitted the
following written report:
As of today 17 lobbyists and 21 lobbyist
principals have failed to pay the $50 fee.
However, $137,150 has been received from lobbyists and $58,300 from
lobbyist principals. The Attorney
General’s office sent letters on November 12th to the nonpaying
individuals and principals about the need to pay the fee.
Staff is receiving inquires about whether
the fees must be reported by lobbyists and principals on periodic reports. Pending a formal request for an advisory
opinion, staff seeks direction from the Board about this issue.
[Secretary’s note: Board members advised staff to inform
lobbyists and principals that payment of fees to the Board should be included
on the Lobbyist Disbursement Report and the Annual Report of Lobbyist
Principal.]
The biennial request to state committees of
each political party to provide the required list of its party units has been
completed. Staff is in the process of
securing the required amendments from those
political party units that had a change in officers.
The
annual request to Metropolitan Governmental Units to provide a list of the
positions in the Unit that meet the definition of ‘local official’ has been
completed. A list of those positions is
available on the Board’s website.
On
November 14th staff held a campaign finance training session to
assist clients in meeting the requirements of Chapter 10A; eight individuals
attended. In addition a class will be
held on the 15th of December to assist clients in completing the Report
of Receipts and Expenditures.
Staff
has scheduled sessions in the use of campaign finance software. However, we have been informed that in the
future we will need to pay $500 for each session to use the Department of
Administration’s computer training room for these classes. Staff will attempt to find alternative
training rooms in which to offer this service.
On
December 3rd Ms. Olson will present information about political
committees and political funds and lobbying at a Continuing Education Legal
symposium for association managers.
On
January 23rd Ms. Olson will be on the faculty of a Continuing Legal
Education seminar– Minnesota’s Legislative Process. She will be discussing the lobbying requirements of Chapter 10A.
On
January 29th staff will present a training session for lobbyists in
the State Office Building. Staff will
provided information about 2003 law changes, the Board’s report to the
legislature about a proposed fee schedule, and electronic filing of Lobbyist
Disbursement Reports.
·
Legislation
The Minnesota Association of County
Attorneys intends to recommend to the legislature that the Campaign Finance and
Public Disclosure Board be the enforcement agency for issues related to Minn.
Stats. §§ 201, 211A, and 211B. County
attorneys are currently required to investigate any election related
charge. Staff will keep Board members
informed of this recommendation and the related impact on the Board and staff.
Staff has scheduled interviews with
individuals interested in the Program’s Assistance position. The goal is to have someone on staff and
trained prior to the January filing dates and collection of fees from
lobbyists.
A compilation of 2003 legislative changes to Chapter
10A was available for Board members.
Enforcement Report
Authorization
for an inactive committee to retain active status
Caroll Holmstrom, candidate, Caroll Holmstrom Campaign
Committee – By letter dated November 18, 2003, Mr. Holmstrom requested an
extension to December 2004, so that he will be able to use his committee funds
to run for state representative in 2004.
Ms.
Pauly’s MOTION: To approve Mr.
Holmstrom’s request to allow the Caroll Holmstrom Campaign Committee to retain active status.
Vote on MOTION: Unanimously passed.
Payment of late filing fees
·
Reports of Receipt and Expenditures due January 31,
2001
Christopher Berg, 4th Congressional District Republican Labor Federation: $100
·
Report of Receipts and Expenditures due January 31,
2002
Christopher Berg, Chris Berg for State Senate: $100
Christopher Berg, 4th Congressional District Republican Labor Federation: $100
·
Report of Receipts and Expenditures due August 26,
2002
Christopher Berg, 4th Congressional District Republican Labor Federation: $500
·
Report of Receipts and Expenditures due October 28,
2002
Christopher Berg, 4th Congressional District Republican Labor Federation: $500
Jennifer O’Rourke, Minnesotans for Democratic Majority: $105 (Balance $0)
·
Report of Receipts and Expenditures due January 31,
2003
Christopher Berg, Chris Berg for State Senate: $100
Christopher Berg, 4th Congressional District Republican Labor Federation: $100
· Amendment to the Report of Receipts and Expenditures due January 31, 2003
Tim Mahoney, (Tim) Mahoney for House: $100
·
Original Statement of Economic Interest
Jamie Sherwood, Minnesota State High School League: $40
Service
of process fees
Christopher Berg: $279
·
Return of
contribution after termination of committee
·
Anonymous
Contribution
Financial statement and agency deposits - Mr. Sigurdson submitted a report covering July 1 through October
2003.
As directed by the Board,
staff drafted two policies for possible use in assessing the $1,000 civil penalty
for failure to timely file required reports, registrations, fees, or amendments
with the Board. Board members reviewed
the proposed policies as well as charts showing how implementation of the
policies would affect the late filing of the 2003 year end Report of
Receipts and Expenditures and the 2004 Pre-primary Report of Receipts
and Expenditures. Board members
agreed that there should be consistency among all clients in imposing or
reducing fines and that fines for pre-primary and pre-general reports and
clients who are consistently delinquent with their reports should be
accelerated. The Board asked staff to
combine the two policies and bring the matter back for further review at the
December meeting.
A draft of possible 2004 Legislative Recommendations
was available for Board members. The
Legislative Recommendations Sub-committee will meet before the December meeting
and bring a proposed list to the full Board.
Advisory Opinion Request #351 – Reporting the use of a personal airplane
for campaign purposes
Board members reviewed a
letter from a member of a campaign
committee who
asked how the principal campaign
committee of a candidate would calculate and report the cost of using an
aircraft for campaign purposes.
Mr. Kelley’s MOTION: To
approve Advisory Opinion 351 as drafted.
Vote on MOTION: Unanimously passed.
SUMMARY: ADVISORY OPINION
#351 signed by Chair Clyde Miler, November 19, 2003: The
use of a personal airplane for campaign purposes is either an in- kind
contribution and in-kind expenditure to benefit the campaign or a campaign
expenditure that must be paid for with committee funds.
Advisory Opinion Request
#352 – Use of party account check off funds by the state committee of a
political party
Board members reviewed a
letter from Daniel Justensen, treasurer, Independence Party of Minnesota,
who asked if
the state committee of a political party may use its share of the party account
check off to promote the party’s precinct caucuses.
Ms. Pauly’s MOTION: To approve Advisory Opinion 352 as
drafted.
Vote on MOTION: Unanimously passed.
SUMMARY: ADVISORY OPINION
#352 signed by Chair Clyde Miler, November 19, 2003: The state committee of a political
party may use funds from the party check off account to promote precinct
caucuses provided the promotion is a multi-candidate political party
expenditure.
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
Judge Kyle upheld the constitutionality of all the challenged laws in the
Minnesota Concerned Citizens for Life (MCCL), et al. v. Kelley, et al. except
Minn. Stat. §§211B.02, subd. 1, and 211B.04 which are not under the Board’s
purview. The MCCL has indicated that
they will appeal the decision.
Findings in the Matter of the Complaint Regarding the Minnesota Indian Gaming Association - The Board issued findings to show that there is probable cause to believe that as the designated lobbyist for the association, Mr. Kozak is required to amend his Lobbyist Disbursement Report for the period covering April 1, 2003, through June 30, 2003
There is no probable cause to believe that Mr. Kozak knowingly omitted the information regarding this lobbying disbursement from his Lobbyist Disbursement Report for the period covering April 1, 2003, through June 30, 2003.
There is probable cause to believe that the Minnesota Indian Gaming Association violated Minn. Stat. §10A.04, subd. 3, by failing to timely provide the association’s designated lobbyist with required information. Minnesota Statutes, Chapter 10A provides no penalty for this violation.
Meeting
adjourned.
Jeanne
Olson
Executive
Director
attachments
(3)