STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

. . . . . . . . .

Tuesday, January 9, 2001

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G-31, Judicial Building

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MINUTES

Meeting was called to order by Chair Fluegel

Members present: Chase, Fluegel, Kelley, Pauly, Roggenbauer, Spear

Others present: Olson, Sigurdson, Swanson, Klingner, staff; Huwe, counsel

MINUTES (December 12, 2000)

Ms. Pauly’s MOTION: To approve the December 12, 2000, minutes as drafted.

Vote on MOTION: Unanimously passed.

CHAIR'S REPORT

Board Meeting Schedule

Next meeting is scheduled for February 20, 2001, 9:30 a.m.

Board Appointments

Chair Fluegel welcomed Allan Spear. The Governor appointed Mr. Spear to a former legislative position on the Board effective January 4, 2001.

Board Confirmation Hearing

The House Governmental Operations and Veterans Affair Policy Committee will hold confirmation hearings of Ms. Chase, Mr. Fluegel, Mr. Roggenbauer, and Mr. Spear on Wednesday, January 10th.

EXECUTIVE DIRECTOR'S REPORT

Ms. Olson submitted the following written report:

Staff Activities

Work on the Finance 2002 project continues. Staff expects a final product will be available in late spring.

January 4 – Ms. Olson met with Mr. Spear to discuss Chapter 10A and Board operations.

January 12 – Ms. Olson will be on the faculty of a Minnesota State Bar Association CLE seminar entitled "The Minnesota Legislative Process". Mr. Sigurdson will attend as a faculty guest.

Personnel

Ms. Olson reviewed the performance of Jeffrey Sigurdson. Mr. Sigurdson’s performance is satisfactory. Under the terms of the Manager’s Plan, Mr. Sigurdson will receive a performance based increase.

Miscellaneous

Included in the Governor’s 2001 initiatives is a plan to make the Board’s website interactive. As part of that initiative, the Governor is recommending an additional $25,000 as a one-time appropriation to the Board for website enhancements. This appropriation is in addition to the $15,000 requested for on-going technology needs.

Resolution

After reviewing the applicable statutes and the certification of the 2000 general election results Board staff, Senate and House counsels, and representatives from the Department of Revenue and the Secretary of State’s Office concluded that the Constitution Party lost their status as a major party, and the Libertarian and Progressive Minnesota parties lost their status as minor parties. Because of the determination, these parties will not be eligible to receive Political Contribution Refund (PCR) receipts effective January 1, 2001.

Board members reviewed a memo from the Secretary of State and letters from the Department of Revenue and Board staff that were sent to the three parties explaining the impact of the 2000 election results in relationship to the PCR and tax check off programs.

Ms. Pauly’s MOTION: Be it resolved that:

Staff is directed to: 1) withhold payments of public subsidy party payments to the Constitution, Libertarian, and Progressive Minnesota political committees; 2) notify the committees that public subsidy payments will not be made until the Secretary of State certifies the committee as a qualified minor party; and 3) cease to provide Political Contribution Refund receipt books to the former Constitution, Libertarian, and Progressive Minnesota political party units.

Vote on MOTION: Unanimously passed.

 

Enforcement Report

Ms. Klingner presented the following enforcement matters for Board action:

Consent Items

Board Action: Authorization of a certified letter to compel the filing of an amendment to the Registration and Statement of Organization and subsequent legal enforcement action if the amended registration is not filed. A reminder notice was sent to Ms. Abrahamson and staff attempted to contact her by telephone.

Sue Abrahamson, chair, Duluth Federation of Teachers

Board Action: Authorization of a certified letter to compel payment of late filing fees, which accrued because of the late filing of the Pre-general Report of Receipts and Expenditures due October 30, 2000, and subsequent legal enforcement action if the fees are not paid. A reminder notice was sent to each treasurer and staff attempted to contact each individual by telephone.

Kris Peterson, treasurer, Sheree Breedlove Volunteer Committee: $500

Warren Nelson, treasurer, Minnesota Committee to Preserve the Rule of Law: $332.35

Thomas Meyer, treasurer, St. Paul Supervisor’s Organization Political Fund: $500

Board Action: Authorization of a certified letter to compel the filing of an amendment to the Pre-general Report of Receipts and Expenditures and subsequent legal enforcement action if the amended report is not filed. A reminder notice was sent to each candidate and/or treasurer and staff attempted to contact each individual by telephone.

Greg Hansen, candidate, (Greg) Hansen Volunteer Committee

Warren Limmer, candidate, (Warren) Limmer for Senate Committee

Tom Paulson, treasurer, Ken McInnis Volunteer Committee

Sherry Cline, treasurer, (Randy) Olson for House Committee

Tera Osskopp, treasurer, (Michael) Osskopp Volunteer Committee

Cindy Moe, treasurer, (Bernard) Pistner Volunteer Committee

James Miller, treasurer, 3rd Congressional District DFL

Tim Braulick, treasurer, Northfield Green Party

Peter Defoe, treasurer, Fond du Lac Committee of Political Education

Charles Decker, treasurer, Local 552 Union

Dale Anderson, treasurer, Minnesota CAP-PAC

Walter Rockenstein, treasurer, Minnesota Republicans for Choice Political Action Committee

John Morrow, treasurer, Rural Issues PAC

Mr. Roggenbauer’s MOTION: To authorize the actions specified in the consent matters.

Vote on MOTION: Unanimously passed.

Discussion Items

Reconsideration of Waiver Requests (see December 12, minutes)

Pre-general Report of Receipts and Expenditures due October 30, 2000

Patrick Timmins, treasurer, Steve Dehler Volunteer Committee, $250 - In his original request, Mr. Timmins stated that he was unable to file his report electronically due to his phone line being out of service. He also states that he was in the process of moving and some of the information was not with him at the time the report was due. Mr. Timmins has been treasurer of the Dehler Volunteer Committee since 1998 and all previous reports have been filed on time.

Mr. Kelley’s MOTION: To approve Mr. Timmins’ request to waive the $250 late filing fee.

Vote on MOTION: Unanimously passed.

Linda Lemmer, treasurer, Wadena County DFL, $300 - In her original request, Ms. Lemmer stated that she believed she had faxed the report before she left for vacation. She also stated that they are a small county unit with only $30 in their account. By letter dated December 18, 2000, Ms. Lemmer questioned the status of her waiver request. Ms. Olson responded to Ms. Lemmer explaining the process of late filing fees and Minn. Stat. 10A.34, subd. 1. On December 26, 2000, staff received another letter from Ms. Lemmer requesting the Board to reconsider her request to waive the $300 late filing fee, due to financial hardship. Ms. Lemmer is a new treasurer and her previous report was filed on time.

Mr. Spear’s MOTION: To reduce the $300 late filing fee for the Wadena County DFL to $50.

Vote on MOTION: Unanimously passed.

Stephen Baker, treasurer, Metropolitan Good Government Council, $350 - In his original request, Mr. Baker stated that the reminder card and the certified letter sent by the Board were delayed as a result of the post office delivering them to the wrong address. On December 18th, Mr. Baker spoke with Ms. Olson and stated he would like the Board to reconsider his request to waive the $350. Mr. Baker has been treasurer of the Metropolitan Good Government coalition since 1997. The 1998 Pre-general Report of Receipts and Expenditures was not filed on time and a $50 late filing fee was waived by the Board, due to Mr. Baker being ill at the time.

Chair Fluegel welcomed Mr. Baker to the meeting. Mr. Baker reviewed the problems he has encountered with his mail. He stated that the committee has been inactive and has approximately $100 in the account. No motion was made. Chair Fluegel suggested a payment schedule could be an option if Mr. Baker could not make a single $350 payment.

Informational Items

Payment of Late Filing Fees

Report of Receipts and Expenditures due January 31, 1999

Lawrence Schultz, treasurer, East Side for Lawrence Schultz: $100

Report of Receipts and Expenditures due October 30, 2000

Larry Lownie, candidate, Friends of Larry Lownie: $50

Chris Berg, treasurer, 4th Congressional District Labor Federation: $50

Jennifer Paulson, treasurer, Brooklyn Center DFL: $50

Donna Hogan, treasurer, AFSCME Council 14 PEOPLE Fund: $50

Jennifer O’Rourke, treasurer, Minnesotans for a Democratic Majority: $50

Bill Bullock, treasurer, Richfield Republicans: $150

Financial statement and agency deposits - Mr. Sigurdson submitted reports covering July 1, through November 30, 2000.

LEGAL COUNSEL’S REPORT

Counsel Huwe presented the legal counsel report outlining the status of cases, which have been turned over to the Attorney General’s office (see copy of memo attached).

Failure by the Minnesota DFL State Central Committee to amend the 1998 Report of Receipts and Expenditures (see October 17 and December 12, minutes)

Board members discussed the available options should the Ramsey County Attorney’s Office fail to find criminal intent on the Minnesota DFL State Central Committee’s failure to amend the Report of Receipts and Expenditures.

Ms. Pauly’s MOTION: To direct the Attorney General’s Office to file injunctive relief to compel the Minnesota DFL State Central Committee to amend the 1998 Report of Receipts and Expenditures and report to the Board at it’s next meeting.

Board members discussed the referral of the finding to the Ramsey County Attorney’s Office. It was agreed that the finding should be sent to the Ramsey County Attorney and injunctive relief filed by the Board would run a parallel track. Ms. Pauly accepted this as an amendment to her motion.

Ms. Pauly’s Amended MOTION: To direct the Attorney General’s Office to file injunctive relief to compel the Minnesota DFL State Central Committee to amend the 1998 Report of Receipts and Expenditures, send a finding of probable cause to the Ramsey County Attorney’s Office, and report to the Board at it’s next meeting.

Vote on MOTION: Unanimously passed.

ADJOURNMENT

Meeting adjourned.

Respectfully submitted,

 

 

Jeanne Olson

Executive Director

 

attachment (1)

 

 

STATE OF MINNESOTA

Office of the Attorney General

 

TO:

JEANNE OLSON

Executive Director

Campaign Finance & Public Disclosure Board
190 Centennial Office Bldg.
St. Paul, MN 55155

DATE:

January 2, 2001

 

FROM:

GREGORY P. HUWE

Assistant Attorney General

525 Park Street, #200

St. Paul, MN 55103-2106

PHONE:

(651) 297-1223 (Voice)

(651) 297-1235 (Fax)

(651) 282-2525 (TTY)

 

SUBJECT:

Status Report of Campaign Finance & Public Disclosure Board Matters

 

 

I. Major Cases/Major Issues:

Pending complaints (executive session agenda): please see cover memo and draft findings in the executive session agenda materials for a summary/discussion of the pending complaint regarding judicial candidate endorsements (laid over from December meeting).

Kevin Correy matter: An administrative subpoena has been served on a bank in Owatonna, requesting account records of Kevin Correy and Correy for Senate. We are waiting for a response at this time.

II. Enforcement Matters:

For other enforcement matters referred to the Attorney General’s Office, please see the attached chart.

 

AG: 437089,v. 01