STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

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Tuesday, April 17, 2001

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Afton Conference Room

Second Floor, Centennial Office 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 (February 20, 2001)

Ms. Chase’s MOTION: To approve the February 20, 2001, minutes as drafted.

Vote on MOTION: Unanimously passed by 5 members (Kelley absent).

 

 

CHAIR'S REPORT

Board Meeting Schedule

Next meeting is scheduled for May 22, 2001. Ms. Pauly informed Board members she would be unable to attend the meeting. Mr. Fluegel may be unable to attend.

A tentative Board meeting schedule for July, 2000, through June, 2001, was available for Board members.

Board Confirmation Hearings (see February 20, minutes)

A Senate Rules and Administration Committee meeting is scheduled for this afternoon. The confirmation of Ms. Chase, Mr. Roggenbauer, Mr. Spear and Chair Fluegel is on the agenda.

 

 

EXECUTIVE DIRECTOR'S REPORT

Ms. Olson submitted the following written report:

Staff Activities:

Finance 2002

Work on the Finance 2002 project continues. Staff meets weekly with the developers to help ensure a good final product.

Security Impact Analysis

Agency staff were interviewed for the Security Impact Analysis of the Board’s systems. The results will be available about May 1st.

Inactive Committees

Staff identified 28 principal campaign committees and 14 political committees and funds as "inactive", under Minn. Stat. §10A.242. Letters were sent to the treasurers informing them of the need to terminate registration within 60 days of notification. Two of the letters were sent in error. Some treasurers have requested the Board to allow the committees to remain registered (see enforcement report). Two principal campaign committees and three political committees and funds terminated their registration. Staff will send follow-up letters after the 60-day time period is passed.

Personnel

Performance reviews

Ms. Olson reviewed the performance of LuAnn Swanson. Ms. Swanson’s performance is satisfactory. Under the terms of the Middle Management Plan, Ms. Swanson is not eligible for an hourly increase this year.

Mr. Sigurdson and Ms. Olson reviewed the performance of Billie Errico. Ms. Errico’s performance is satisfactory. Under the terms of the MAPE contract, Ms. Errico will receive a step increase in hourly compensation.

Staffing changes

Eight individuals were interviewed for the Information Technology Specialist 2 position. An offer was made to and accepted by Dan Liu who began work in the Board office on March 29th. Ms. Olson introduced Ms. Liu to Board members.

Kelly Hansen, Program’s Administer, accepted another position in State government. Ms. Hansen’s last day in our office was April 6th. Joyce Larson, Information Assistant (receptionist), was offered and accepted the Program’s Administer position. Ms. Larson began her new duties on April 12th. Staff has initiated the process to replace Ms. Larson. Staff will share the receptionist responsibilities until the position is filled.

Legislation

Several bills that deal with campaign finance reform have been discussed at legislative hearings. Staff has been told that further hearings will be held this session.

Correspondence

Board members reviewed a letter from the Office of the Ramsey County Attorney stating that their office does not have jurisdiction to proceed with any further investigation or possible criminal prosecution in the matter of the Minnesota State Bar Association.

Board members discussed the procedure for referring matters to the proper law enforcement authorities.

Mr. Roggenbauer’s MOTION: To direct staff to forward the finding in the matter of the Minnesota State Bar Association to the Office of the Minneapolis City Attorney and the St. Paul City Attorney referencing Minn. Stat. §10A.02, subd. 11(d).

Vote on MOTION: Unanimously passed.

Miscellaneous

Mr. Sigurdson, Ms. Swanson, and Ms. Olson will attend the COGEL Heartland Conference in Lincoln, Nebraska, from April 29th to May 2nd. The Heartland Conference is held to assist staff of agencies in the administration of campaign finance, lobbying, and ethics regulations.

 

Enforcement Report

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

 

Consent Items

Board Action: Authorization of a third certified letter to compel the filing of the Lobbyist Disbursement Report due January 16, 2001, and collection of any accrued late filing fees and subsequent legal enforcement action if the reports are not filed and the late filing fees are not paid. Staff attempted to contact each individual by telephone.

Corey Bailey, Pleasuredome Resorts, Inc.

Brian Elliott, Clean Water Action Alliance

Robert C. Illingworth, ABATE of Minnesota

Kipp C Johnson, Upper Midwest Hospitality, Inc.

Suzanne McIntosh, Clean Water Action Alliance

Joy Sorensen Navarre, Metropolitan Interfaith Council on Affordable Housing

Francis X Viggiano, Minnesota State University Student Association

Board Action: Authorization of a third certified letter to compel the filing of the Report of Receipts and Expenditures due January 31, 2001, and collection of any accrued late filing fees and subsequent legal enforcement action if the reports are not filed and the late filing fees are not paid. Staff attempted to contact each individual by telephone.

Mark Anderson, candidate, Mark Anderson for State Senate

Jill Henderson, treasurer, Marianne Stebbins Beck for State Senate

Christopher Berg, candidate, Chris Berg for State Senate

Timothy Downer, treasurer, Jack Downer for Senate

William Kain, treasurer, Elect (John) Ellenbecker Committee

Sean Constantini, treasurer, (Dennis) Grubich for Representative

Ann Peterson, candidate, (Ann) Peterson Volunteer Committee

Phil Rattè, candidate, (Phil) Rattè for State Representative

Lisa Tarasar, candidate, Friends of Lisa Tarasar

Christopher Berg, treasurer, 4th Congressional District Republican Labor Federation

Claremont Anderson, treasurer, Grant County DFL

Joleen Schaefer, treasurer, Nicollet County DFL

Denise Fahl, treasurer, AFSCME Local 34 PEOPLE

Patricia Ford, treasurer, Service Employees International Union

Board Action: Authorization of a certified letter for late filing fees, which accrued because of the late filing of a Lobbyist Disbursement Report due January 16, 2001, and subsequent legal enforcement action if the fee is not paid. Two reminder notices were sent to each lobbyist and staff attempted to contact each individual by telephone.

Winston Borden, 180 Degrees, Alpha Human Services, American Phys Therapy Assoc., IGT, ReliaStar, Minnesota Association for Counseling and Development, MN School Counselors Association: $315

Stephen Dess, Minnesota Association of Charter Schools: $25

Mary Hartnett, Deaf Blind Services of Minnesota: $40

Tamara Larsen, Minnesota Coalition Against Sexual Assault: $60

Joan Pearson, Metropolitan Interfaith Council on Afford Housing: $25

Board Action: Authorization of a certified letter for late filing fees, which accrued because of the late filing of a Report of Receipts and Expenditures due January 31, 2000, and subsequent legal enforcement action if the fee is not paid. Two reminder notices were sent to Mr. Hyatt and Ms. Engren and staff attempted to contact them by telephone.

Amy Engren, treasurer, Loyal Hyatt Campaign Committee: $100

Board Action: Authorization for inactive committees to maintain active status.

Leslie Davis, candidate, Leslie Davis for Governor - Last committee expenditures were disclosed in 1994. Current ending cash balance: $25.00. In a letter to the Board, Mr. Davis stated that he plans to file for the office of Governor in July of 2002, and requested that his committee be allowed to maintain its active status with the Board. Mr. Davis also stated that if for some reason he does not file for office in July 2002, he will terminate his campaign committee at that time.

Julie Quist, treasurer, (Allen) Quist for Governor Committee - Last committee expenditures were disclosed in 1994. Current ending cash balance: $1,716.04 and outstanding unpaid obligations to Mr. Quist. In a letter to the Board, Ms. Quist requested that the Quist for Governor Committee be allowed to remain active until February 1, 2002, because Mr. Quist may decide to become a candidate for Governor in the 2002 election. Ms. Quist stated that should Mr. Quist decide not to run, he will terminate the committee.

George Jansky, treasurer, Central Minnesota AFL-CIO Trades & Labor Assembly - Last committee expenditures reported in 1998. Current ending cash balance: $585.60. In a letter to the Board, Mr. Jansky stated that the committee plans to make expenditures and wishes to maintain its active status with the Board.

James Losinski, candidate, (James) Losinski for State Representative Volunteer Committee - Last committee expenditures reported in 1994. Current ending cash balance: $2,926.19. In a letter to the Board, Mr. Losinski stated that he would like to keep the committee open because of the possibility of redistricting. If his district is not changed, he will terminate the committee.

Robert Casey, treasurer, Local S-6 IAFF Political Fund – Last committee expenditures reported in 1998. Current ending cash balance: $2,096.00. In a letter to the Board, Mr. Casey stated that the committee plans to make expenditures in 2002 and wishes to maintain it’s active status with the Board.

Leo B. Cashman, treasurer, Dental Awareness – Last committee expenditures reported in 1998. Current ending cash balance: $0. In a letter to the Board, Mr. Cashman states that even though the committee has been inactive in recent years, they anticipate possibly using the committee in the future.

Board Action: Authorization of a certified letter to compel the return of Public Subsidy from candidates who signed a Public Subsidy Agreement effective for 2000 and agreed to return the amount of public subsidy received that exceeds actual campaign expenditures, and subsequent legal enforcement action if the Public Subsidy is not returned. A reminder notice was sent to each candidate or treasurer and staff attempted to contact each individual by telephone.

Sheree Breedlove, candidate, (Sheree) Breedlove Volunteer Committee: $2,263.72

Theresa Erickson, treasurer, Jeffrey Erickson Election Committee: $779.05

Ms. Pauly’s MOTION: To authorize the actions specified in the consent matters.

Vote on MOTION: Unanimously passed.

 

Discussion Items

Waiver Requests

Report of Receipts and Expenditures due October 30, 2000.

Stephen Baker, treasurer, Metropolitan Good Government Council, $300 (see December 12, 2000, January 19 and February 20, 2001, minutes) - On February 28, 2001, staff received another letter and a $100 check from Mr. Baker stating that it was for a final settlement for the late filing fees which accrued because the Report of Receipts and Expenditures due October 30, 2000, was not filed on time. Mr. Baker has made several requests to the Board to waive the late filing fee.

Mr. Roggenbauer’s MOTION: To maintain consistency with Board policies in the matter of waiver requests and deny Mr. Baker’s request for a waiver of the $300 late filing fee.

Vote on MOTION: Unanimously passed.

Report of Large Pre-election Contribution or Loan

Sheryl Frieman, candidate, Friends of Sheryl Frieman Committee, $500 – A Report of Large Pre-election Contribution or Loan was not filed within the required time.

No motion was made.

Request for Board direction

Merle Pettersen, treasurer, Hennepin County DFL (see September 20, 2000, minutes) - In October, staff received a letter from Ms. Pettersen with a $10 check requesting the Board accept a payment plan for the $100 late filing fee; however, only one payment was made. Ms. Pettersen is on social security and is unable to pay the $100 in full. Ms. Pettersen continues to suffer from health problems and is on a very limited income.

Mr. Roggenbauer’s MOTION: To accept Ms. Pettersen’s check of $10 towards the late filing fee and waive the remainder of the late filing fee due to extenuating circumstances.

Vote on MOTION: Unanimously passed.

Kevin Correy, candidate, (Kevin) Correy for Senate Committee (see August 8 and September 21, 2000, minutes) – Subpoenaed bank records show that the committee made total deposits of $3,240 and withdrawals of $2,455.66 in 1996. In 1997 there were two withdrawals totaling $770 leaving a bank balance of $14.34. The committee filed one Report of Receipts and Expenditures for the 1996 pre-primary report. Mr. Correy received public subsidy totaling $12,933.30 and returned the original check to the Board office in December, 1997.

Mr. Kelley’s MOTION: To: 1) direct staff to administratively terminate the Correy for Senate committee; 2) discontinue attempts to secure the delinquent reports; 3) continue to pursue recovery of the late filing fees; and 4) place all correspondence in the committee file and retain the file in the active file should the committee become active in the future.

Vote on MOTION: Unanimously passed.

Request to terminate with an outstanding loan

Mary Z. Johnson, candidate, Mary Z. Johnson for Senate - Board records show the Mary Z. Johnson for Senate committee with an ending cash balance of $284.99 and a $600 loan owed to the committee by the former treasurer. In a letter to the Board Ms. Johnson stated that the committee has not been active since 1994 and the bank account was closed. Ms. Johnson’s former treasurer, her ex-husband, told her the loan was repaid shortly after the campaign ended. Ms. Johnson stated that she is unable to get the records from Mr. Johnson.

Ms. Pauly’s MOTION: To approve Ms. Johnson’s request to terminate the Mary Z. Johnson for Senate committee with an outstanding loan.

Vote on MOTION: Unanimously passed.

Request for acceptance of a change in beginning cash balance

John Treadwell, treasurer, Tenth Ward & Rural Ramsey DFL Donut Booth – The Report of Receipts and Expenditures for the period covering January 1 through December 31, 1999, disclosed an ending cash balance of $30,649. The Pre-primary Report of Receipts and Expenditures for the period covering January 1 through August 21, 2000, disclosed a beginning cash balance of $32,615.52. By letter received in the Board office on March 27, 2001, Mr. Treadwell stated that he is the new treasurer and that he has not received committee records from the previous treasurer. He also stated that the Board of directors for the Tenth Ward and Rural Ramsey DFL Donut Booth is trying to obtain the remaining records so that a complete audit can be conducted. He is requesting that the Board accept the reports filed for 2000 until a further audit can be completed.

Mr. Roggenbauer’s MOTION: To accept the Reports of Receipts and Expenditures filed by Mr. Treadwell for the Tenth Ward & Rural Ramsey DFL Donut Booth pending an audit of the committee records and to direct Mr. Treadwell that the audit and any necessary amendments to the reports must be filed with the Board no later than August 1, 2001.

Vote on MOTION: Unanimously passed.

Authorization of a certified letter to compel the filing of an amendment to the Report of Receipts and Expenditures and subsequent legal enforcement action if the amended report is not filed. Two reminder notices have been sent to each individual and staff has attempted to contact the candidate and/or treasurer by telephone.

Mr. Spear’s MOTION: To delegate staff to make a decision on a case-by-case basis as to the procedure to follow on minor infractions and bring the matter to the Board for approval.

Vote on MOTION: Unanimously passed.

Gene Martinez, treasurer, (Pamela) Blixt for State Senate - In-kind contributions reported, but no in-kind campaign expenditures or disbursements disclosed. Date contribution received not disclosed on one contribution. Staff suggests sending a change letter to Mr. Martinez.

Sheree Breedlove, candidate, (Sheree) Breedlove Volunteer Committee - No addresses were disclosed for campaign expenditures itemized on the report. Staff suggests referring this matter to the Attorney General’s office.

Roger Christensen, treasurer, (Warren) Limmer for Senate Committee - No dates were disclosed for any contributions from donors who gave more than $100 to the committee; addresses for some entities itemized on report were not disclosed; and some noncampaign disbursements may have been categorized incorrectly. Staff suggests referring this matter to the Attorney General’s office.

Phyllis Jenneke, treasurer, Jeffrey Jenneke Campaign Fund - Report discloses a negative ending cash balance of -$61.22. Staff suggests no further action be taken.

Barbara Hanson, treasurer, Mark Hanson for Senate Election Fund - The Report of Receipts and Expenditures for 1999 discloses an ending cash balance of $2,741.42. The Pre-primary Report of Receipts and Expenditures discloses a beginning cash balance of $2,162.59. Staff suggests attempting to contact the treasurer one more time before sending to the matter to the Attorney General’s office.

Scott Cooper, treasurer, Minnesotans for Tobacco-Free Children - Signature page not provided with report. Staff will continue to attempt to secure the signature page.

George Bavolak, treasurer, Minnesota Electrical Assn PAC - Complete employment information was not disclosed on six of seven contributors. Staff suggests referring this matter to the Attorney General’s office.

Michele Seligman, treasurer, Democrats 2000 - Complete employment information was not disclosed on one of twenty-seven contributors. Staff suggests no further action be taken.

Mr. Fluegel’s MOTION: To ratify suggestions made by staff.

Vote on MOTION: Unanimously passed.

 

Informational Items

Payment of Late Filing Fees

Lobbyist Disbursement Report due July 15, 2000

William Bierman Jr., Edina Fireman’s Relief Association: $100

Lobbyist Disbursement Report due January 16, 2000

Ann M. DeGroot, OutFront Minnesota: $30

Pre-Primary Report of Receipts and Expenditures due August 28, 2000

Becky Boland, treasurer, 32nd Senate District DFL: $200

Claremont Anderson, treasurer, Grant County DFL: $500

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

Herminia Cardenas, treasurer, Neighbors for (Carlos) Mariani Committee: $500

Jason Amundson, treasurer, 59th Senate District DFL: $500

John Duckstad, treasurer, Campaign Fund of the MSBA: $500

Joseph Olson, treasurer, Gun Owners Political Action Committee: $100

David Semerad, treasurer, People in Construction Political Action Committee: $60

Year end Report of Receipts and Expenditures due January 31, 2001

Satveer Chaudhary, candidate, Friends of (Satveer) Chaudhary: $20

Fred Meyer, candidate, FMSP Committee Fred Meyer: $50

Margaret Perryman, treasurer, Minnesota Health PAC: $100

Return of Public Subsidy for calendar year 2000

Expenditures did not equal public subsidy received

Rory Koch, candidate, Citizens for (Rory) Koch: $21.10

Michael Lemieux, candidate, (Michael) Lemieux for House: $108.98

Joseph L. Lownie, Jr., candidate, Friends of Larry Lownie: $1,997.44

Edward Oliver, candidate, (Edward) Oliver for Senate Committee: $181.00

Gerry Werven, candidate, Gerry Werven for State Representative 30A: $4,273.47

Carry Forward

Mary Ruprecht, treasurer, (Sam) Solon Volunteer Committee: $5,989.41

Process Service Fees Recaptured

Larry McKenzie, candidate, Larry McKenzie: $30

William Bierman Jr., lobbyist, Edina Fireman’s Relief Association: $33

Civil Fines

DuWayne Peterson, treasurer, Citizens for Bob Ness – The Report of Receipts and Expenditures covering the period January 1 through December 31, 2000, disclosed that the Citizens for Bob Ness accepted $5,255.00 in contributions from special sources. The total amount of these contributions exceeded by $191.00 the applicable limit on aggregate contributions from special sources. Mr. Ness entered into a conciliation agreement on February 26, 2001, and paid a civil fine of $191.00.

 

Financial statement and agency deposits - Mr. Sigurdson submitted reports covering July 1, through March 30, 2001.

 

 

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).

John Hollander, (John) Hollander for Senate – Counsel Huwe reported that Metro Legal Service has been unable to contact Mr. Hollander. They have advised Counsel Huwe that the only way they might be able to serve Mr. Hollander is to establish surveillance.

Ms. Pauly’s MOTION: To direct staff to: 1) discontinue attempts to secure the delinquent Statement of Economic Interest from Mr. Hollander; and 2) discontinue pursuing recovery of the late filing fee.

Vote on MOTION: Unanimously passed.

 

 

REPORT FROM EXECUTIVE SESSION

February 20, 2001, meeting

Complaint Regarding the Minnesota State Bar Association (MSBA) - The Board issued findings showing that there is probable cause to believe the MSBA failed to register a political committee or political fund with the Board and file the required Reports of Receipts and Expenditures after making expenditures in excess of $100. The Executive Director shall report the finding of probable cause to the Ramsey County Attorney’s office. 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).

April 17, 2001, meeting

Complaint Regarding the Bois Forte Political Fund – The Board issued findings showing that there is probable cause to believe that the Bois Forte Political Fund failed to register a political committee or political fund within 14 days after making contributions to principal campaign committees. Because the Bois Forte Political Fund filed its Statement of Organization before being notified of the violation, no late filing fee may be imposed and no further action will be taken. 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).

Complaint Regarding the Minnesotans to Elect David Ole Nathan Johnson committee - The Board issued findings showing that there is no probable cause to believe that David Ole Nathan Johnson violated Minnesota Statutes §10A, by failing to disclose all expenditures associated with his campaign in election year 2000. 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).

Investigation of the Volunteers for Sue Bloyer committee – The Board issued findings showing that there is probable cause to believe that the Volunteers for Sue Bloyer committee violated Minn. Stat. §10A.27, subd. 9(a), when it made contributions to another principal campaign committee during 2000. Minn. Statutes, Chapter 10A provides no penalty for this violation. 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).

Investigation of the Dudley Wells Volunteer Committee - The Board issued findings showing that there is probable cause to believe that Dudley Wells Volunteer Committee violated Minn. Stat. §10A.27, subd. 9(a), when it made contributions to another principal campaign committee during 2000. Minn. Statutes, Chapter 10A provides no penalty for this violation. 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).

Investigation of the Volunteers for Merrilee Carlsen Fryer committee - The Board issued findings showing that there is probable cause to believe that the Volunteers for Merrilee Carlsen Fryer committee violated Minn. Stat. §10A.27, subd. 9(a), when it made contributions to another principal campaign committee during 2000. Minn. Statutes, Chapter 10A provides no penalty for this violation. 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).

Investigation of (Steve) Thibault for State Representative committee - The Board issued findings showing that there is probable cause to believe that the Thibault for State Representative committee violated Minn. Stat. §10A.27, subd. 9(a), when it made contributions to another principal campaign committee during 2000. Minn. Statutes, Chapter 10A provides no penalty for this violation. 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).

Investigation of the Karen A. Jenkins Volunteer Committee - The Board issued findings showing that there is probable cause to believe that the Karen A. Jenkins Volunteer Committee violated Minn. Stat. §10A.27, subd. 9(a), when it made contributions to another principal campaign committee during 2000. Minn. Statutes, Chapter 10A provides no penalty for this violation. 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).

Investigation of Jim Berg Volunteer (Senate) Committee - The Board issued findings showing that there is probable cause to believe that the Jim Berg Volunteer Committee violated Minn. Stat. §10A.27, subd. 9(a), when it made contributions to another principal campaign committee during 2000. Minn. Statutes, Chapter 10A provides no penalty for this violation. 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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