STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
. . . . . . . . .
. . . . . . . . .
Room G – 31
Judicial Center
. . . . . . . . .
Meeting was called to order by Chair Fluegel.
Ms. Ashmore and Ms. Boyd informed Board staff they
would be unable to attend the meeting.
MINUTES (August 27, 2004)
Ms.
Betterman’s MOTION: To approve the August 27,
2004, minutes as drafted.
Vote on MOTION: Unanimously
passed.
Next meeting is scheduled for Wednesday, November 17,
2004.
Chair Fluegel reported that the Nomination
Subcommittee, Ms. Bettermann, Mr. Miller, and Chair Fluegel, will recommend the following slate of officers for
2005 for approval at the November Board meeting: Terri Ashmore, Chair and Bob Milbert, Vice Chair.
·
Legislative Recommendation Subcommittee Report
Ms. Boyd, Mr. Miller, and Chair Fluegel met on
Thursday, October 14th and reviewed recommendations that passed both the House and Senate in 2003, 2003
recommendations that at least one body did not want in a bill, 2004
recommendations that were not distributed to the legislature, new issues, and
issues that will be offered as administrative rules. The recommendations will be presented to the full Board at the
November meeting.
·
Correspondence
Board members reviewed a letter to Linda Finley,
Director, Office of Technology, signed by Chair Fluegel, regarding the
Governor’s Drive to Excellence conference.
Ms. Olson submitted the following written report:
·
Staff Activities
Staff continues to work on a
method to get materials to Board members through the Board’s website. It is anticipated that materials for the
November meeting will be available for download from the Board’s website via a
secure site.
On September 10th Ms.
Swanson, Ms. Homuth, student worker, and Ms. Olson met with 25 individuals from
a variety of nations as part of the Minnesota International Center’s
International Visitor’s program. The
group was interested in transparency in government and the Board’s disclosure
and reporting requirements as well as public subsidy and the gift ban.
Of the 311 candidate Reports of
Receipts and Expenditures due on August 30th, 124 candidates filed
electronically. About 75 political
party units and political committees and funds filed reports
electronically. Data from reports not
filed electronically have been data entered by staff and notices about reports
that need to be amended have been sent to treasurers.
All but eight of the 311
registered candidates seeking office in 2004, agreed to limit their
expenditures. Opponents of three of
those candidates will be released from their expenditures limits. The opponents of the other five candidates
may be released from their spending limit under certain conditions. Staff notified the eight candidates and
their opponents about the waiver or possible waiver of spending limits
following the primary election.
All pre-primary Reports of
Receipts and Expenditures for candidates have been filed. The Board website lists the names of the
political party units, political committees, and political funds that have not
filed the report.
On September 16th Ms.
Olson spoke on WCCO radio station 950 about contributions to state candidates
and the political contribution refund program.
Staff made party and general
account public subsidy payments to about 265 candidates on September 28th
following the Supreme Court’s decision to include all the names of Independence
Party candidates on the general election ballot.
Legislation
At the request of a legislator
(who is a current candidate), Ms. Olson worked with the Revisor of Statutes
Office to draft legislation that would provide that if the pre-primary Report
of Receipts and Expenditures discloses contributions equal to or greater than
the amount needed to be certified on an Affidavit of Contributions, filing of
an Affidavit would not be required. The
legislation also proposes that if the pre-primary report does not disclose
contributions equal to or greater than the amount required, the candidate would
need to provide a list with the name, address, and amount of contributions from
individuals that were used to reach the required amount when the Affidavit of
Contributions is filed on or before September 1st. This additional data would be classified ‘private data on
individuals’. This provision, in part,
is the same as one of the Board’s 2003 legislative recommendations.
Personnel
Belinda Stampley, the Board’s
Program’s Assistant, resigned and is now employed by the Department of Natural
Resources. Staff is interviewing to
fill the vacant position.
Miscellaneous
The FY 2004 Annual Report and
Lobbyist Disbursement Summary are available for Board members.
Board members may wish to review a
treatise about historical legal challenges to the campaign finance provisions
of chapter 10A researched and prepared by Peter Wattson, Senate Counsel. The treatise may be found at www.senate.leg.state.mn.us/departments/scr/treatise/campfin-siege.pdf.
·
Correspondence
At it’s meeting of August 27th the Board directed staff to draft a letter for signature by Chair Fluegel to Alan Weinblatt, legal counsel to the Minnesota DFL State Central Committee, about reporting contributions to the party that were refunded through the Political Contribution Refund Program. The Minnesota DFL State Central Committee provided a copy of their report to the Federal Elections Commission. Board members agreed that the issue should be addressed through the rulemaking process.
Enforcement Report
Board
Action: Authorization to refer to the Office of the
Attorney General for failure to file the pre-primary Report of Receipts and
Expenditures due August 30, 2004. A
reminder notice and two certified letters have been sent to each treasurer and
staff attempted to contact each committee by telephone.
Chris Shoff, 27th
Senate District DFL
Eric Mitchell, 66A House
District DFL
Jerry Gilkeson, Bloomington
DFL Club
David Strom, Citizens Against
Gambling Expansion
Joel Heller, Duluth DFL
Phil Moen, Lincoln County DFL
Patricia Ford, Service
Employees International Union
Board
Action: Authorization to refer to the Office of the
Attorney General for failure to file an Original Statement of Economic Interest
due July 5, 2004. Two certified letters
have been sent.
H.
Kwaku Addy, member, Urban
Initiative Board
Chair Fluegel’s MOTION: To authorize the actions specified
in the consent matters.
Vote on MOTION: Unanimously passed.
Request to waive late fees and civil penalties
·
Pre-primary
Report of Receipts and Expenditures due August 30, 2004
Valdis Rozentals, candidate, Friends for Valdis (Rosentals)
Committee, $500 late filing fee, $100 civil penalty – The Report of Receipts
and Expenditures was received in the Board office on September 27, 2004. In his waiver request, Mr. Rozentals stated
that his campaign has suffered several set backs including the resignation of his
treasurer, serious family illnesses, and funerals.
Chair Fluegel’s MOTION: To:
1) deny Mr. Rozenthals’ request to waive the $500 late filing fee and the
$100 civil penalty; and 2) reduce the late fee to $100.
Vote on MOTION: Unanimously
passed.
Lyndi Odegard, treasurer, (Timothy Tingelstad) Citizens
for Truth and Light, $350 late filing fee – The Report of Receipts and
Expenditures was received in the Board office on September 14, 2004. In her waiver request, Ms. Odegard indicated
that she encountered difficulties uploading the report using the Finance 2002
software. No motion was made.
Virgil Gunnarson, treasurer, 2nd Senate District
DFL, $200 late filing fee - The Report of Receipts and Expenditures was
received in the Board office on September 10, 2004. In his waiver request Mr. Gunnarson indicated that he believed he
had successfully transmitted his report using the Finance 2002 software before
the August 30, 2004, deadline. No
motion was made.
Arlene Lesewski, chair and treasurer, 21st
Senate District RPM, $500 late filing fee, $100 civil penalty - The Report of
Receipts and Expenditures was received in the Board office on September 27,
2004. In her waiver request, Ms.
Lesewski stated that she believed the late filing fee notices she received from
the Board were in reference to her principal campaign committee, which she
terminated in May 2004.
Mr. Miller’s MOTION: To:
1) deny Ms. Lesewski’s request to waive the $500 late filing fee and the $100
civil penalty; and 2) reduce the late fee to $100.
Vote on MOTION: Unanimously passed.
William Cullen, treasurer, 42nd Senate District
RPM, $300 late filing fee - The Report of Receipts and Expenditures was
received in the Board office on September 13, 2004. In his waiver request, Mr. Cullen stated that he is a new
treasurer and that he confused the Board’s report with a report he was required
to file with Hennepin County. No motion
was made.
Richard Thomas, treasurer, Ames Construction PAC, $250
late filing fee - The Report of Receipts and Expenditures was received in the
Board office on September 10, 2004. Mr.
Thomas telephoned Board staff on September 10, 2004, and stated that he
believed he had faxed the report in on August 30, 2004. Later that day, Mr. Thomas discovered a
transmittal from his fax machine indicating that the report had not been
received because of a busy signal. No
motion was made.
Ryan Bronson, Citizens for Minnesota’s Outdoor Heritage,
$500 late filing fee - The Report of Receipts and Expenditures was received in
the Board office on September 17, 2004.
Mr. Bronson sent $273.79 toward the late fee in his waiver request. Mr. Bronson stated that the $273.79 payment
disposed of the committee’s assets and that the committee intends to
terminate.
Mr.
Milbert’s MOTION: To: 1) deny
Mr. Bronson’s request to waive the $500 late filing fee; 2) accept the $273.79
payment towards the late filing fee; and 3) waive the remaining $226.21 if the
committee terminates it’s registration with the Board.
Vote on MOTION: Unanimously passed.
Karen Frye,
on behalf of Jim Caesar, Duluth First, $350 late filing fee - The Report of
Receipts and Expenditures was received in the Board office on September 14,
2004. In her waiver request, Ms. Frye
stated that she faxed the report on August 30, 2004, and provided a copy of her
fax confirmation. Board fax records do
not indicate that the report was received at this time.
Mr. Milbert’s MOTION: To approve Ms. Frye’s request to
waive the $350 late filing fee.
Vote on MOTION: Unanimously passed.
Marguerite Emanuel, treasurer, Duluth Women’s Republican Club,
$50 late filing fee - The Report of Receipts and Expenditures was received in
the Board office on September 3, 2004.
In her waiver request, Ms. Emanuel stated that she was a new treasurer
and was relying on the experience of the previous treasurer who passed away
earlier this year.
Mr. Milbert’s MOTION: To approve Ms. Emanuel’s request to
waive the $50 late filing fee.
Vote on MOTION: Unanimously passed.
Wayne Schuman, treasurer, Firefighters Association of
Minneapolis Political Fund, $300 late filing fee - The Report of Receipts and
Expenditures was received in the Board office on September 13, 2004. In his waiver request, Mr. Schuman stated
that he was a new treasurer and “somewhat confused about the reporting
procedures.”
Mr.
Milbert’s MOTION: To: 1) deny
Mr. Schuman’s request to waive the $300 late filing fee; and 2) to reduce the
late filing fee to $100.
Vote on MOTION: Unanimously passed.
Merle Petterson, treasurer, Hennepin County DFL, $350 late
filing fee - The Report of Receipts and Expenditures was received in the Board
office on September 14, 2004. In her
waiver request, Ms. Petterson outlined significant health problems. Ms. Petterson’s social worker also provided
a letter to the Board indicating that Ms. Petterson will resign as treasurer in
the near future.
Mr.
Miller’s MOTION: To approve Ms.
Petterson’s request to waive the $350 late filing fee.
Vote on MOTION: Unanimously passed.
Joyce Ballard, chair, Mahnomen County RPM, $500 late
filing fee - The Report of Receipts and Expenditures was received in the Board
office on October 7, 2004. In her
waiver request, Ms. Ballard stated that the treasurer passed away in late
August and that the committee encountered difficulties in accessing the bank
records to complete the report.
Mr.
Milbert’s MOTION: To approve
Ms. Ballard’s request to waive the $500 late filing fee.
Vote on MOTION: Unanimously passed.
Linda Runbeck, treasurer, Minnesota Education League Fund
for Better Schools, $150 late filing fee - The Report of Receipts and
Expenditures was received in the Board office on September 8, 2004. Ms. Runbeck terminated the committee.
Mr.
Milbert’s MOTION: To approve
Ms. Runbeck’s request to waive the $150 late filing fee.
Vote on MOTION: Unanimously passed.
Ann Kasper, treasurer, Ottertail County GPM, $300 late
filing fee - The Report of Receipts and Expenditures was received in the Board
office on September 13, 2004. In her
waiver request, Ms. Kasper stated that the committee has been minimally active
and that she believed that a report was not due until the end of the year.
Chair
Fluegel’s MOTION: To: 1) deny Ms. Kasper’s request to waive the
$300 late filing fee; and 2) reduce the late filing fee to $117.68.
Vote on MOTION: Unanimously
passed.
Ray Steinke, chair, St. Francis DFL, $100 late filing
fee - The Report of Receipts and Expenditures was received in the Board office
on September 7, 2004. The committee was
without a treasurer. Mr. Steinke is the
chair of the committee and the forms were not sent to him.
Mr.
Milbert’s MOTION: To approve
Mr. Steinke’s request to waive the $100 late filing fee.
Vote
on MOTION: Unanimously passed.
Jual Carlson, treasurer, Together for Term Limits, $250
late filing fee - The Report of Receipts and Expenditures was received in the
Board office on September 13, 2004. In
his waiver request, Mr. Carlson states that the committee is a ballot question
committee and that there is not “a ballot question on the ballot of concern” to
Mr. Carlson’s committee. Mr. Carlson
further stated that the committee has a current cash balance of $19.65. Board staff has explained to Mr. Carlson his
obligation to file both the pre-general and year-end reports.
Chair
Fluegel’s MOTION: To: 1) deny
Mr. Carlson’s request to waive the $250 late filing fee; 2) to reduce the late
fee to $19.65, the ending cash balance of the committee; and 3) suggest to Mr.
Carlson that the committee terminate it’s registration with the Board.
Vote on MOTION: Unanimously passed.
Kathy Prawer, Washington County Constitution Party, $500
late filing fee, $100 civil penalty - The Report of Receipts and
Expenditures was received in the Board office on September 30, 2004. In the waiver request, Ms. Prawer and Don
Koehler, chair, stated that the committee’s treasurer is in an assisted living
facility. Mr. Koehler indicated that
the committee has closed the bank account and seeks to terminate its registration
with the Board.
Mr.
Milbert’s MOTION: To approve
Ms. Prawer and Mr. Koehler’s request to waive the $500 late filing fee and the
$100 civil penalty upon termination of the committee.
Vote on MOTION: Unanimously passed.
·
Report of
Receipts and Expenditures due February 2, 2004
Michelle Plummer, treasurer, Timothy A. Davis Volunteer
Committee, $100 late filing fee, $600 civil penalty - The Report of Receipts
and Expenditures was received in the Board office on May 10, 2004. In her waiver request, Ms. Plummer stated
that she did not know that a report was
due since Mr. Davis did not run in any elections. She further noted that the committee has closed the bank
account. Board staff spoke with Mr.
Davis and he requested forms to terminate the committee.
Mr.
Milbert’s MOTION: To approve
Ms. Plummer’s request to waive the $100 late filing fee and the $600 civil
penalty upon termination of the committee.
Vote on MOTION: Unanimously passed.
·
Lobbyist
Disbursement Report due June 15, 2004
Terrance Glommen-McCloskey, Special Transportation Services
Association, $100 late filing fee, $1,000 civil penalty - Mr. Glommen-McCloskey
has not yet submitted his report. In
his waiver request Mr. Glommen-McCloskey indicated that he did not meet the
definition of lobbyist during this reporting period and requested that his
registration be retroactively terminated to December 31, 2003. He further stated that he “did not realize
that registration was perpetual until cancelled.”
Chair
Fluegel’s MOTION: To: 1) direct staff to administratively terminate
Mr. Glommen-McCloskey’s registration with the Board retroactively to December
31, 2003; and 2) approve Mr. Glommen-McCloskey’s request to waive the $100 late
filing fee and $1,000 civil penalty.
Vote on MOTION: Unanimously passed.
Sharon Hahn, Associated Contract Loggers and Truckers
of Minnesota, Inc., $100 late filing fee, $1,000 civil penalty - Ms. Hahn has
not yet submitted her report. In her
waiver request, Ms. Hahn stated that she is no longer a lobbyist, has not been
since she filed her Lobbyist Disbursement Report due January 15, 2004, and
requested that her registration be retroactively terminated. Ms. Hahn still owes a $95 in late filing
fees for previous reports.
Mr.
Milbert’s MOTION: To approve
Ms. Hahn’s request to waive the $100 late filing fee and the $1,000 civil
penalty and direct staff to administratively terminate her registration with
the Board if she pays the $95 in late fees currently owed.
Vote on MOTION: Unanimously passed.
Ed McGaa, Caesar’s Entertainment, Inc., $100 late
filing fee, $1,000 civil penalty – The Lobbyist Disbursement Report was
received in the Board office on September 17, 2004. In his waiver request, Mr. McGaa stated that he has been away
from his home in Minnesota all summer.
He further stated, “I made no expenditures and was only paid one month
into 2004 by Caesars.” Mr. McGaa has
terminated his registration for this association.
Ms.
Bettermann’s MOTION: To approve
Mr. McGaa’s request to waive the $100 late filing fee and the $1,000 civil
penalty based on the termination of his lobbyist registration.
Vote
on MOTION: Unanimously passed.
·
Lobbyist
Disbursement Reports due January 15 and June 15, 2004
David Nitti, United Teachers of South Washington
County, $200 in late filing fees, $2,000 in civil penalties - The Lobbyist
Disbursement Report due June 15, 2004, was received in the Board office on
September 10, 2004. Mark Andrews,
lobbyist, submitted the termination report on behalf of Mr. Nitti. Mr. Andrews did not submit the Lobbyist
Disbursement Report due January 15, 2004, but verbally maintained that Mr.
Nitti received no compensation for his lobbying efforts nor did he make any
lobbying disbursements during this period.
In his waiver request, Mr. Andrews stated that Mr. Nitti realized early
this year that he did not meet the definition of lobbyist and requested the
termination forms. However, because he
was out of the office for an extended period of time, he did not receive the
forms until this fall. He is now out of
the office again with an extended illness.
Mr.
Milbert’s MOTION: To approve
Mr. Andrews request on behalf of Mr. Nitti and waive the $200 late filing fees
and $2,000 in civil penalties due to extenuating circumstances.
Vote on MOTION: Unanimously passed.
·
Annual
Report of Lobbyist Principal due March 15, 2004
Andrew Petersen, US Link, $100 late filing fee, $1,000
civil penalty - The Annual Report of Lobbyist Principal was received in the
Board office on September 15, 2004. In
his waiver request, Mr. Petersen stated that the letters were sent to US Link
Development Company rather than to US Link, Inc. Board staff notes that this was based on information provided by
the association’s lobbyist and that there is no indication that the letters to
US Link Development Company were not received.
No motion was made.
Payment of late filing fees
·
Report of Receipts and Expenditures due August 30,
2004
Keith Ellison, Committee to Elect Keith
Ellison: $50
Lyle Koenen, (Lyle) Koenen Volunteer
Committee: $50
Bob Trewartha, (Bob) Trewartha (Bob) for
State Representative: $50
George Johnson, Precinct 12 DFL: $50
Robert Vanasek, 25th Senate
District DFL: $50
Michael Bennett, Carpenters Local 1664
PAC: $100
Ryan Bronson, Citizens for Minnesota’s
Outdoor Heritage: $273.79
Shane Toutages, Cottonwood County
Republicans: $50
Rick McCluhan, Game and Fish Coalition: $50
Robert Ambrose, Great River Energy Action
Team: $50
Geoff Bartash, HealthPartners Civic Affairs
Council: $50
Michael Hogan, IAFF Local #3939 PAC: $50
Birgit Mayr, Impact Minnesota: $50
Michael Stockstead, Minneapolis Firefighters
Relief Association: $50
Dale Anderson, Minnesota CAP PAC: $50
Bob Mlynar, Minnesota Conservation Officers
Association: $50
Wy Spano, Minnesota Milk PAC: $200
Bonnie Freilund, Minnesota Power PAC: $150
Josephine Zak Phinee, Morrison County
DFL: $50
Kevin Molloy, Rochester Area Chamber of
Commerce: $50
Frederick Babekuhl, St. Paul Firefighters
Local 21 PAC: $200
Curtis Depuy, Sibley County RPM: $50
Robert Yurcek, Watonwan
County RPM: $50
·
Report of
Receipts and Expenditures due January 31, 2003
Keith Ellison, Committee to
Elect Keith Ellison: $25
·
Statement
of Economic Interest
Keith Ellison: $40
·
Lobbyist
Principal Fee due March 15, 2004
Minnesota Independent Auto Glass
Association: $100
Northwest Airlines,
Inc.: $100
·
Lobbyist
Principal Fee due March 15, 2004
Minnesota Independent Auto Glass
Association: $100
Northwest Airlines,
Inc.: $100
·
Lobbyist
Disbursement Report due June 15, 2004
Carla Ferucci, Minnesota Coalition Against
Sexual Assault: $100
Richard Nelson, Red River
Watershed Management Board: $15
Conciliation Agreements
Dick Day, Dick Day Volunteer Committee, $200 -
During calendar year 2003, the Dick Day Volunteer Committee accepted a facially
excessive contribution of $200 from Committee of Nine, a registered political
committee. The contribution exceeded by
$100 the applicable non-election year limit for contributions from a political
committee. Senator Day returned the
excess amount to the contributor, entered into a conciliation agreement on
September 14, 2004, and paid a civil fine of $200.
Walter Handschin, Committee of Nine, $200 - During calendar
year 2003, the Committee of Nine made a facially excessive contribution of $200
to the Dick Day Volunteer Committee.
This contribution exceeded by $100 the applicable non-election year
limit for contributions to a candidate committee. Mr. Handschin entered into a conciliation agreement on September
14, 2004, provided the Board with a copy of the check from Senator Day
returning the contribution to the committee, and paid a civil fine of $200.
Pete Nelson, Pete Nelson for State Representative, $200
- During calendar year 2003, the Pete Nelson for State Representative Committee
accepted a facially excessive contribution of $200 from Northwest Petroleum
NPPAC, a registered political committee.
The contribution exceeded by $100 the applicable non-election year limit
for contributions from a political committee.
Representative Nelson returned the excess amount to the contributor,
entered into a conciliation agreement on September 24, 2004, and paid a civil
fine of $200.
Robert Krogman, Northwest Petroleum NPPAC, $200 - During
calendar year 2003, the Northwest Petroleum NPPAC made a facially excessive
contribution of $200 to the Pete Nelson for State Representative
Committee. This contribution exceeded
by $100 the applicable non-election year limit for contributions to a candidate
committee. Mr. Krogman entered into a
conciliation agreement on October 1, 2004, agreed to provide the Board with a
copy of the check from Representative Nelson returning the contribution to the
committee, and paid a civil fine of $200.
Tom Rukavina, Tom Rukavina Campaign Committee, $100 -
During calendar year 2003, the Tom Rukavina Campaign Committee accepted
cumulatively excessive contributions totaling $200 from Education Minnesota, a
registered political committee. The
total amount of these contributions exceeded by $100 the applicable
non-election year limit for contributions from a political committee. Representative Rukavina returned the excess
amount to the contributor, entered into a conciliation agreement on September
14, 2004, and paid a civil fine of $100.
Jan Alswager, Education Minnesota PAC, $100 - During
calendar year 2003, the Education Minnesota PAC committee made cumulatively
excessive contributions to the Tom Rukavina Campaign Committee. The total amount of these contributions
exceeded by $100 the applicable non-election year limit for contributions to a
candidate committee. Ms. Alswager
provided a copy of the check from Representative Rukavina returning the excess
contribution, entered into a conciliation agreement on September 14, 2004, and
paid a civil fine of $100.
Payment of Civil Fines
·
Acceptance
of a Contribution During Session
Marc Kimball, Friends of Marc Kimball: $25
Bill McLaughlin, Bill
McLaughlin Senate 3 Campaign: $200
(Balance owed, $200)
·
Contribution
to Candidate Committee During Session
Stephanie Frost,
lobbyist: $25
Anonymous Contribution for deposit in General Fund of State Elections Campaign Fund
Joe Duffy, Committee to Elect
Joe Duffy: $1,442.71
Financial statement and agency deposits - Mr. Sigurdson submitted a report covering July through September
2004.
Affirmative Action Plan August 1, 2004, through July 31, 2006 – Board members reviewed a draft of the Affirmative Action Plan August 1, 2004, through July 31, 2006, as approved by the Department of Employee Relations.
Chair Fluegel’s MOTION: To approve the Affirmative Action Plan August 1, 2004, through July 31, 2006, as drafted.
Vote on MOTION: Unanimously passed.
Special Expense Policy – Board members
reviewed a draft of the revised Special Expense Policy based on the Department
of Employee Relations Administrative Procedure 4.4.
Chair Fluegel’s MOTION: To approve the Special Expense Policy as drafted.
Vote on MOTION: Unanimously passed.
Advisory Opinion Request #362 – Funds from a Principal Campaign Committee May Only be Used for Conduct Related to a Political Campaign or for Specified Noncampaign Disbursements.
Board members reviewed a letter from a candidate with a principal campaign committee registered with the Board who asked if principal campaign committee funds may be used to pay band members for playing at campaign events or community events and if so would those expenditures be disclosed as campaign expenditures or noncampaign disbursements.
Mr. Miller’s MOTION: To approve advisory opinion #362 as drafted.
Vote on MOTION: Unanimously passed.
SUMMARY: ADVISORY OPINION #362 signed by Chair Wil Fluegel, October 15, 2004:
Principal campaign committee funds may only be used to pay for items and services that are related to a political campaign or that are for a specific noncampaign disbursement provided for in statute or administrative rule. Community events that a candidate participates in for purposes unrelated to the conduct of the campaign are not a “constituent service” and may not be paid for with principal campaign committee funds.
Board members reviewed the memo from Counsel Huwe
updating the Board on legal issues and the report outlining the status of cases
that have been turned over to the Attorney General’s office (see copy of memo
attached.)
In the matter of the investigation regarding the Ray Cox for State Representative Committee - The Board issued findings showing that there is probable cause to believe that the Ray Cox for State Representative Committee loaned the committee money and paid for goods and services in an amount over the contribution limit for election year 2004 and failed to disclose the transactions and no probable cause to believe the problem still exists as the loan has been repaid and the report amended. 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 investigation regarding the People for (Gregory) Davids Committee - The Board issued findings showing that there is probable cause to believe that the People for (Gregory) Davids Committee failed to disclose certain campaign expenditures and improperly reported other disbursements as constituent services; and no probable cause to believe that other disbursements were reported incorrectly. 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 investigation regarding the Sandra Peterson Campaign Committee – The Board issued findings showing that there is probable cause to believe that the Sandra Peterson Campaign Committee provided an in-kind contribution when it listed a political party unit in the committees campaign material and no probable cause to believe that the fair market value of the contribution was more than $20 and therefore no probable cause to believe the in-kind contribution was required to be disclosed. 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 investigation regarding the (Patrick) Garofalo Volunteer Committee - The Board issued findings showing that there is probable cause to believe that the (Patrick) Garofalo Volunteer Committee violated Minn. Stat. §10A.273, subd. 1 (a), by accepting a contribution from a registered lobbyist during the regular session of the legislature in 2004. 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
(6)