STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

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Friday, October 15, 2004

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Room G – 31

Judicial Center

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MINUTES

 

Meeting was called to order by Chair Fluegel.

 

Members present: Bettermann, Fluegel, Milbert, Miller

Others present: Olson, Sigurdson, Swanson, Drilias, staff; Huwe, Counsel

 

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.

 

CHAIR'S REPORT

 

·            Board Meeting Schedule

 

Next meeting is scheduled for Wednesday, November 17, 2004.

 

·            Nominations Subcommittee Report

 

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.

 

EXECUTIVE DIRECTOR'S REPORT

 

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

 

Consent Item

 

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

                                    Matthea Little Smith, Minnesota Black Political Action Committee

                                    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.

 

Discussion Items

 

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.

 

Informational Items

 

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 PolicyBoard 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

 

The following advisory opinion request is nonpublic data

 

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.

 

LEGAL COUNSEL'S REPORT

 

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.) 

 

REPORT FROM EXECUTIVE SESSION

 

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).

 

In the matter of the investigation regarding Mark Geier  - The Board issued findings showing that there is probable cause to believe that Mark Geier, lobbyist, Minnesota Precision Manufacturing Association, violated Minn. Stat. §10A.273, subd. 1 (b), by making a contribution to a principal campaign committee 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).

 

ADJOURNMENT

 

Meeting adjourned.

 

Respectfully submitted,

 

 

 

 

Jeanne Olson

Executive Director

 

 

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