STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

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Tuesday, July 24, 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 Chase

Members present: Chase, Fluegel, Kelley, Pauly

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

Mr. Spear informed staff that he would be unable to attend the meeting. Mr. Roggenbauer did not attend the meeting.

 

 

MINUTES (June 26, 2001)

Mr. Fluegel’s MOTION: To approve the June 26, 2001, minutes as drafted.

Vote on MOTION: Unanimously passed.

 

 

CHAIR'S REPORT

Board Meeting Schedule

The next meeting is scheduled for August 28, 2001, in the Blazing Star Conference Room, First Floor, Centennial Office Building, at 9:30 a.m.

Customer Service Planning

Ms. Olson reported that staff plans to engage in strategic planning. This effort will be done with assistance from the Department of Administration’s Management Analysis Division (MAD) on a contract basis. Board members may wish to attend part of the planning session.

Board members discussed their role in the strategic planning process. It was decided that a facilitated discussion with MAD, staff management, and Board members will take place following the August 28th Board meeting. Staff was directed to provide members with copies of the document from the October 1999, Board retreat, which was facilitated by MAD.

 

Annual Council on Governmental Ethics Laws Conference (COGEL)

Registration information was provided to Board members for the Annual COGEL conference being held December 2nd – 5th, in Lexington, KY. Ms. Chase, Ms. Olson, and Mr. Sigurdson will attend the conference with another Board member to be named at a later date.

 

 

EXECUTIVE DIRECTOR'S REPORT

Ms. Olson submitted the following written report:

Staff Activities

Mr. Sigurdson and Mr. Nesbitt are currently testing the Finance 2002 software. Shared Management Resources held an all-day training for staff on July 23rd. BETA testing will begin soon.

Staff is reviewing recodified language in Chapter 10A and how that language relates to Board rules. The process of amending, adopting, and repealing rules will be done through the Legislative Recommendations Subcommittee.

Staff is in the process of reconciling and requesting information about contributions given and received during 2000.

Legislation

The Board’s FY 02/03 appropriation request was fully funded. In addition to the operating budget, the Board will receive $35,000 for the FY 01 deficiency, a one-time appropriation of $25,000 to enable staff to make the Board’s website searchable, $10,000 each year for software support, and $5,000 a year for technology based expenditures. The technology funds were requested by and appropriated through the Department of Administration’s Office of Technology.

Amendments were made to provide that the General Account of the State Elections Campaign Fund be paid following the primary election (previously paid following the general election) to candidates of a major party. The requirement to receive 10% of the votes (5% of constitutional offices) in the general election in order to qualify for payments was removed. A new provision provides that at least 50% of the public subsidy must be spent or promised two weeks prior to the general election.

The definitions of major party and minor party were amended and the ability of a party to qualify for and maintain major or minor party status was delineated.

Indian Affairs Counsel (see April 11, August 8, 2000, and June 26, 2001, minutes) – A bill from the Special Session removed the ability of the Indian Affairs Council to make rules. Therefore, members of the Council no longer meet the definition of public official and the executive director is not required to file Economic Interest Statement.

 

Board Working Rules

Legislation passed during the 2001 session provides that Board members who are employees of the state or political subdivisions may receive a per diem payment for a day spent on Board activities. The legislation states further that each Board must adopt internal standards prescribing what constitutes a day spent on Board activities for the purpose of making the per diem payments.

A copy of the Board’s current policy on Board member reimbursement was provided for Board member review.

Ms. Pauly’s MOTION: To reaffirm the current policy on Board member reimbursements.

Vote on MOTION: Unanimously passed.

 

Board Spending Plan FY 2002

Board members reviewed a draft spending plan for fiscal year 2002.

Ms. Pauly’s MOTION: To approve the spending plan as drafted.

Vote on MOTION: Unanimously passed.

 

Enforcement Report

Mr. Sigurdson presented the following enforcement matters for Board action:

 

Consent Items

Board Action Authorization for inactive committee to maintain active status

Union Friends Fund - Direct Aid (UFF-DA) - Union Friends Fund - Direct Aid (UFF-DA) last reported making expenditures was in 1996. The committee has a cash balance of $169.44. In a letter to the Board, Wayne Burlog, treasurer, requests that the committee be allowed to remain registered because they plan to be active in the 2002 election.

Ms. Chase’s MOTION: To authorize the action specified in the consent matter.

Vote on MOTION: Unanimously passed.

 

Informational Items

Payment of Late Filing Fees

Report of Receipts and Expenditures due January 31, 2000

John Ellenbecker, Elect (John) Ellenbecker Committee: $100

Keith Ellison, Keith Ellison Campaign Committee: $134 ($34 process service fee)

Report of Large Pre-Election Contribution or Loan

Sheryl Frieman, Friends of Sheryl Frieman: $500

Lobbyist Disbursement Report due January 15, 2001

Corey Bailey, Pleasuredome Resorts, Incorporated: $50 (balance of $50 to be paid by July 31, 2001)

Lobbyist Disbursement Report due April 16, 2001

Kurt Erickson, AFSCME #14: $35

Richard Thomas, Ames Construction Incorporated: $15

Richard Thomas, Associated General Contractors of Minnesota: $15

Robert Weiss, Minnesota Chiropractic Association: $50

Timothy Shields, Minnesota Federated Humane Society: $30

Robert Illingsworth, Minnesota Motorcycle Riders Association: $70

Angela Wozniak Smith, Safe Place for Newborns: $55

Allan Malkis, Urban Coalition: $45

Return of Public Subsidy for Election 2000

Jeffrey Erickson, (Jeffrey) Erickson Election Committee: $100 (remaining balance owed is $579.04)

Civil Fines

Eric Lipman, (Eric) Lipman for State Representative Committee - During election year 2000, the Lipman for State Representative Committee disclosed accepting aggregate contributions from special sources that exceeded the applicable limit by $8. Representative Lipman entered into a conciliation agreement on June 8, 2001, and paid a civil fine of $8.

Edward Oliver, (Edward) Oliver for Senate Committee - During election year 2000 the Oliver for Senate Committee disclosed accepting contributions from special sources that exceeded the applicable limit by $224. Senator Oliver entered into a conciliation agreement on May 29, 2001, and paid a civil fine of $224.

 

 

ADVISORY OPINION REQUESTS

The following request and advisory opinion is public data.

Advisory Opinion Request #328 - Use of Campaign Funds for Legal Expenses (laid over from the June 26 meeting)

On July 9th, James Abeler signed a Consent to Release form allowing the Board to make the following advisory opinion public.

SUMMARY: ADVISORY OPINION #328 signed by Chair Wil Fluegel, June 26, 2001: Under certain circumstances funds from a principal campaign committee may be used to pay for legal services if the services relate to the candidate’s chances of election, and the candidate does not personally benefit from the services.

The following request and advisory opinion is nonpublic data.

Advisory Opinion Request #329 - Use of Campaign Funds for Travel Expenses Related to a Legislative Special Session

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

Mr. Fluegel’s MOTION: To approve the advisory opinion as drafted.

Vote on MOTION: Unanimously passed.

SUMMARY: ADVISORY OPINION #329 signed by Chair Shirley Chase, July 24, 2001: Under certain circumstances funds from a principal campaign committee may be used to pay for travel expenses incurred by a candidate in order to participate in work group and conference committee meetings related to a special session of the legislature.

 

 

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, 2000, and January 9 and February 20, 2001, minutes) - Counsel Huwe reported that the Attorney General’s Office continues to work with the Minnesota State DFL State Central Committee in this matter.

Minnesota State Bar Association (see April 17, minutes) – The Minneapolis County Attorney’s Office has informed Counsel Huwe that they will review the file in this matter.

 

 

ADJOURNMENT

Meeting adjourned.

Respectfully submitted,

Jeanne Olson
Executive Director

 

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