STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

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Tuesday, June 26, 2001

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Blazing Star Conference Room

First 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, Swanson, Errico, staff; Huwe, counsel

 

 

MINUTES (May 22, 2001)

Mr. Kelley’s MOTION: To approve the May 22, 2001, minutes as drafted.

Vote on MOTION: Unanimously passed.

 

 

CHAIR'S REPORT

Board Meeting Schedule

Next meeting is scheduled for July 24, 2001, Blazing Star Conference Room, First Floor, Centennial Office Building. The Legislative Recommendations Committee will meet following the Board meeting.

Nominating Committee

The nominating committee recommends the following slate of officers for fiscal year 2002: Chair, Shirley Chase and Vice Chair, Doug Kelley.

Mr. Fluegel’s MOTION: To accept the report of the Nominating Committee and declare the election of Ms. Chase, Chair and Mr. Kelley, Vice Chair.

Vote on MOTION: Unanimously passed.

 

 

EXECUTIVE DIRECTOR'S REPORT

Ms. Olson submitted the following written report:

Personnel

Ms. Olson introduced Xiaowei Cao. Ms. Cao began work in the Board office as the Information Technology Specialist II on June 11.

Patty Klingner gave birth to Nathan on June 1. Ms. Klingner will be on family leave until approximately January 2, 2002.

Staff Activities

The Finance 2002 project is nearing its end. Mr. Sigurdson and Mr. Nesbitt continue to meet with representatives from the vendor, SRM. BETA testing should begin in July.

Based on direction from the Department of Employee Relations, staff has been notified about preparations for a possible government shutdown on July 1st. Because the Board has no critical or core functions the office will not be open during a shutdown.

Staff has also prepared a work plan for the Department of Employee Relations in the event of a strike by members of AFSCME or MAPE.

The Campaign Finance Summary for election year 2000 was available for Board members.

 

Enforcement Report

Ms. Errico 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 2000 year end Report of Receipts and Expenditures and subsequent legal enforcement action if the amended report is not filed. Two reminder notices have been sent and staff spoke to the individual by telephone. Staff recommends that the committee be referred to the Attorney General’s office if the amended report is not filed.

Joel Holstad, Committee to Elect (Joel) Holstad - Employment information was not provided for two of the four individuals who contributed more than $100. In addition, addresses were not supplied for 10 of the 12 entities to which the committee made expenditures in excess of $100.

Board Action Authorization to terminate the files of the following deceased lobbyists.

Peggy Specktor, A Chance to Grow, American Academy of Pediatrics – Minnesota Chapter, Minnesota Association of Pediatric Nurses, and Sustainable Resources Center

Joseph Beaton, Jr., Minnesota School Bus Operators Association

Board Action Authorization of a certified letter to compel the filing of a Lobbyist Principal Report due March 15, 2001, and subsequent legal enforcement action if the report is not filed. Two reminder notices have been sent to each Principal and staff attempted to contact each individual responsible for filing the report by telephone. Each Principal listed has an active lobbyist.

American Immigration Lawyers Association

FRM Associates

Liberty Trading Corporation

Marchant Investment & Management Co., Inc.

Board Action Authorization of a third certified letter to compel the filing of a Lobbyist Disbursement Report due April 16, 2001, and collection of any accrued late filing fee and subsequent legal enforcement action if the report is not filed and the late filing fee is not paid. Two reminder notices have been sent and staff attempted to reach the individual by telephone.

Corey Bailey, Pleasuredome Resorts Inc.

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

Vote on MOTION: Unanimously passed.

 

Discussion Items

Request for reconsideration to waive a late filing fee (see April 17 minutes)

Sheryl Frieman, Friends of Sheryl Frieman Committee, $500 – Chair Fluegel welcomed Ms. Frieman to the meeting. Ms. Frieman told the Board that she had trouble finding people to help with her committee. She attended one Board training session and tried to do everything properly, but she was unaware of the 48 hour notice period.

No motion was made.

Request for Board direction for further action

Stephen Pfeffer, Stephen Pfeffer - The Stephen Pfeffer committee registered with the Board on December 6, 1999. A letter was accepted in lieu of a Report of Receipts and Expenditures covering calendar year 1999. In the letter the candidate stated that he used only his own money. All correspondence to Mr. Pfeffer is now being returned and staff is unable to locate a valid address for him. Staff attempted to locate this individual through LocatePlus internet service.

Mr. Fluegel’s MOTION: To: 1) direct staff to administratively terminate the Stephen Pfeffer committee; 2) discontinue attempts to secure the delinquent reports; and 3) place all correspondence in the committee file and maintain the file in active status should the committee become active in the future.

Vote on MOTION: Unanimously passed.

Peter Kauffner, Peter Kauffner for Senate - The Peter Kauffner for Senate committee registered with the Board on July 6, 1992. The last Report of Receipts and Expenditures filed covered calendar year 1998 and had an ending cash balance of $485.63. The report disclosed contributions totaling $100 and no expenditures or disbursements. The committee’s registration was last updated in 1996, and all phone numbers listed are no longer valid. The account was referred to the Attorney General’s office for non-filing of the 1999 Report of Receipts and Expenditures. The Attorney General’s office returned the account to the Board office stating that they were unable to locate Mr. Kauffner. There is a $100 late filing fee outstanding and the Board has spent $38 in process service fees trying to serve a summons and complaint. Staff has attempted to locate this individual through LocatePlus internet service.

Ms. Chase’s MOTION: To: 1) direct staff to administratively terminate the Peter Kauffner for Senate committee; 2) discontinue attempts to secure the delinquent reports; and 3) place all correspondence in the committee file and maintain the file in active status should the committee become active in the future.

Vote on MOTION: Unanimously passed.

Todd Lindquist, Friends of Todd Lindquist - The Friends of Todd Lindquist committee registered with the Board on February 18, 1998. There was a cash balance discrepancy between the 1998 ending balance and the 1999 beginning balance. The treasurer failed to amend the report and the matter was referred to the Attorney General’s office. The 2000 year end Report of Receipts and Expenditures was filed on May 7, 2001, as a no change report with an ending cash balance of $3,623.40. The Attorney General’s office returned the file to the Board office, as they were unable to serve a Summons and Complaint. In December 2000, staff had a telephone conversation with Todd and Michelle Lindquist who were living in New Jersey. On May 7, 2001, Todd Lindquist sent a letter to the Board office stating that he would terminate the committee as soon as possible. Staff tried to contact Mr. Lindquist and was given a new telephone number by the telephone operator. Staff has called the new telephone number in Florida and left messages on voice mail. Staff has also attempted to locate this individual through the internet.

Board directed staff to refer the matter to the Attorney General’s office to secure the required reports and late filing fees.

Request for waiver of remainder of a late filing fee (see May 22 minutes)

Sharon Gibbons, treasurer, MN Interior Design Legal Action Committee MIDLAC, $100 - Ms. Gibbons submitted a check in the amount of $31.41, the balance of the committee funds. She requests that the remainder of the late filing fee, $68.59, be waived. The committee is inactive and wishes to terminate.

Ms. Pauly’s MOTION: To accept the $31.41 late filing fee and approve Ms. Gibbons’ request to waive the remaining $68.59.

Vote on MOTION: Unanimously passed.

Request to administratively terminate lobbyist registration

Andrew Moore, Student Legislative Coalition at the U of M – SLC - In a memorandum attached to the Lobbyist Disbursement Report due April 16, 2001, and received in the Board office on June 12, 2001, Nichole Yerbich, SLC Executive Director, notified staff that Andrew Moore has moved. During a telephone conversation with staff, Ms. Yerbich stated that Mr. Moore is out of the country. The report covering January 1, through March 31, 2001, disclosed no lobbying disbursements made.

Ms. Pauly’s MOTION: To: 1) direct staff to administratively terminate the lobbyist registration for Andrew Moore; 2) discontinue attempts to secure the delinquent reports; and 3) place all correspondence in the lobbyist file and maintain the file in active status should the lobbyist become active in the future.

Vote on MOTION: Unanimously passed.

 

Informational Items

Payment of Late Filing Fees

Report of Receipts and Expenditures due January 31, 2001

Edward Fire, treasurer, IUE Committee on Political Education AFL-CIO: $100

James Meffert-Nelson, treasurer, Minnesota Optometric PAC: $100

Lobbyist Disbursement Report due January 16, 2001

Brian Elliott, Clean Water Action Alliance: $100

Suzanne McIntosh, Clean Water Action Alliance: $100

Mary Hartnett, Deaf Blind Services of Minnesota: $40

Joy Sorensen Navarre, Metropolitan Interfaith Council on Affordable Housing: $100

Civil Fines

Peggy Van De Riet, treasurer, (Connie) Bernardy for State Representative Committee - During election year 2000, the Bernardy for State Representative Committee disclosed campaign expenditures totaling $33,861. The campaign expenditures exceeded the applicable limit by $439. Connie Bernardy entered into a conciliation agreement on May 9, 2001, and paid a civil fine of $439.

Mike Osskopp, (Mike) Osskopp Volunteer Committee - During calendar year 2000 the Osskopp Volunteer Committee disclosed acceptance of contributions from special sources that exceeded the applicable limit by $66. Mike Osskopp entered into a conciliation agreement on May 9, 2001, and paid a civil fine of $66.

Jesse Ventura, Jesse Ventura Volunteer Committee - During calendar year 2000, the Jesse Ventura Volunteer Committee disclosed acceptance of cumulatively excessive contributions from an individual. The total contributions exceeded the applicable limit by $200. Governor Ventura entered into a conciliation agreement on June 7, 2001, and paid a civil fine of $200.

Return of Public Subsidy for Election 2000

Jeffrey Erickson, Erickson Election Committee: $100

 

Employee Training and Development Plan

The Department of Employee Relations recommends that the agency Employee Training and Development Plan be reviewed and updated annually to ensure that the plan meets agency needs. A copy of the proposed plan was provided to Board members for their review

 

Workplace Violence Prevention Policy and Plan

The Department of Employee Relations recommends that the agency Workplace Violence Prevention Policy and Plan be reviewed and updated annually to ensure that the plan meets agency needs. A copy of the plan was provided to Board members for their review.

Ms. Chase's MOTION: To approve the Employee Training and Development Plan and the Workplace Violence Prevention Policy and Plan as presented.

Vote on MOTION: Unanimously passed.

 

Mr. Kelly left the meeting.

 

Indian Affairs Counsel (see April 11 and August 8, 2000 minutes) – Ms. Olson reported that the 2001 legislature failed to pass legislation during the regular session changing the definition of public official or removing the ability of the Counsel to make rules. Joseph Day, Executive Director, Indian Affairs Counsel, told Ms. Olson that legislation was pending in the special session to solve the problem. Board members agreed to lay the matter over pending the outcome of the special session.

 

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

 

 

ADVISORY OPINION REQUESTS

The following requests and advisory opinion are nonpublic data.

Advisory Opinion Request #327 (see May 22 minutes)

Board members were advised that the request for Advisory Opinion #327 was withdrawn by the requestor.

Advisory Opinion Request #328 – Use of Campaign Funds for Legal Expenses

The Board reviewed a draft response to an advisory opinion request from the treasurer of a principal campaign committee registered with the Board who asks if certain expenses may be paid for with funds from the principal campaign committee.

Board members discussed the difficulty of preparing a generic version of the advisory opinion without revealing the identity of the requestor.

Mr. Fluegel’s MOTION: To: 1) approve the nonpublic version of advisory opinion #328 as drafted, 2) direct staff to invite the requestor to sign a Consent to Release form allowing the Board to identify the requestors name and other identifying information, and 3) hold the matter over to the next scheduled Board meeting.

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

 

 

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).

Counsel Huwe reported that the U.S. Supreme Court ruled and upheld expenditure limits by political parties made on behalf of candidates.

Stephen Baker (see December 12, 2000, January 9, February 20, and April 17, 2001, minutes) – Mr. Baker renewed his request to settle the matter of the late filing fee for $100. Board members directed Counsel Huwe to decline the offer.

 

 

REPORT FROM EXECUTIVE SESSION

Complaint Regarding Jim Abler - The Board issued findings showing that there is no probable cause to believe that Jim Abler violated Minnesota Statutes 10A.09, by failing to disclose all financial interests and sources of compensation on his Statement of Economic Interest. 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).

 

 

OTHER BUSINESS

 

 

ADJOURNMENT

Meeting adjourned.

Respectfully submitted,

Jeanne Olson
Executive Director

 

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