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Tuesday, October 23, 2001

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Lady Slipper Conference Room

Ground Level, Centennial Office Building

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Meeting was called to order by Chair Kelley

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

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



MINUTES (September 25, 2001)

Ms. Pauly’s MOTION: To approve the September 25, 2001, minutes as drafted.

Vote on MOTION: Unanimously passed.




Board Meeting Schedule

Next meeting is scheduled for December 11, 2001, 9:30 a.m. The Legislative Recommendations Committee will meet on November 27, 2001, at 2 p.m.

Annual Council on Governmental Ethics Laws Conference (COGEL)

Because no Board members are able to attend the Annual COGEL Conference, December 2nd – 5th, in Lexington, Kentucky, with Ms. Olson and Mr. Sigurdson, Counsel Huwe and Ms. Swanson will attend.




Ms. Olson submitted the following written report:

Staff Activities

Executive staff attended daily update briefings from the Departments of Administration and Employee Relations about the strike by members of the AFSCME and MAPE unions. All staff members are back to work.

Staff continues to move forward on the "action plans" that were finished with the consultant from the Department of Administration prior to the AFSCME and MAPE strikes. Some time frames may be adjusted to accommodate those staff members who were on strike. Staff will review the plans with the consultant in three and/or six months to review progress. So far staff has:

1. prepared ‘first call for help’ cards to assist clients in contacting the correct staff member;

2. established an ‘800’ in-bound fax to assist clients in timely filing reports;

3. ordered ‘voice mail’ on a trial basis; and

4. established a collection folder for client feedback.

October 4 - Ms. Olson spoke to about 50 individuals at a DFL House Caucus new candidate -training seminar.

October 6 – Ms. Olson gave two campaign finance workshops in Hinckley for DFL party unit treasurers. About 25 individuals attended the workshops.

October 15 – Ms. Olson served on a Continuing Legal Education (CLE) panel hosted by the Minnesota Governmental Relations Council on lobbyist registration and reporting requirements. Over 100 individuals were in attendance.

October 22 – Mr. Sigurdson and Ms. Olson met with a five-member group from Armenia. The group was hosted by the Minnesota International Center and was interested in Accountability in Business and Government. They discussed campaign finance, lobbying, the gift ban, and the conflict of interest provisions of Chapter 10A.

October 25 - Counsel Huwe and Ms. Olson will present a CLE program on the prohibition of gifts to legislative staff (postponed from September 11).

Ms. Olson has agreed to serve as COGEL’s representative on the selection committee for the Public Integrity Award. COGEL is a sponsoring member of Public Integrity, a periodical that deals with ethics and leadership in public service.


Copies of the Annual Report for fiscal year 2000 and the Lobbyist Disbursement Summary were available for Board members.


The Director of Tourism was reclassified as a Deputy Commissioner in the Department of Trade and Economic Development and is, therefore, a public official.


Enforcement Report

Informational Items

Late Filing Fees

Lobbyist Disbursement Report due January 15, 2001

Corey Bailey, Pleasuredome Resorts, Inc.: $50 (balance from $100 late filing fee)

Lobbyist Disbursement Report due July 16, 2001

Brian Elliott, Clean Water Action, Inc.: $45

Tarryl Clark, Minnesota Community Action Association: $25

Timothy Shields, Minnesota Federated Humane Society: $55

Report of Receipts and Expenditures due January 31, 2001

Joleen Schaefer, treasurer, Nicollet County DFL: $100

Return of Public Subsidy for Election 2000

Jeffrey Erickson, candidate, (Jeffrey) Erickson Election Committee, $100 (current balance owed is $279.04)

Civil Fines

Tom Hackbarth, (Tom) Hackbarth Volunteer Committee - During calendar year 2000, the Hackbarth Volunteer Committee accepted excess contributions from special sources, which exceeded the applicable limit. Representative Tom Hackbarth entered into a conciliation agreement on September 23, 2001, and paid a civil fine of $5,162.34.

Lynne Osterman, Lynne Osterman Committee - During calendar year 2000, the Lynne Osterman Committee accepted contributions from committees of the Republican Party of Minnesota, which exceeded the applicable aggregate contribution limit from political party units. Lynne Osterman entered into a conciliation agreement on September 12, 2001, and paid a civil fine of $250.


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




The following request and advisory opinion is nonpublic data.

Advisory Opinion Request #333 – Definition of first time candidate

The Board reviewed the request for an advisory opinion from an individual with a registered principal campaign committee who asked if a candidate who registered a campaign committee for a given office that raised more than $100 in contributions and made more than $100 in expenditures but did not receive party endorsement, file an affidavit for office nor appear on a primary or general election ballot in a previous election cycle still remains eligible in a subsequent election for the 10% increase in expenditure limits accorded to first-time candidates.

Board members discussed language changes to the draft opinion.

Mr. Fluegel’s MOTION: To direct staff to amend the draft opinion as discussed and submit the amended draft to Chair Kelley for approval and signature.

Vote on MOTION: Unanimously passed.

[Editors note: SUMMARY: ADVISORY OPINION #333 signed by Chair Douglas A. Kelley, October 24, 2001: Regardless of whether a candidate received the party endorsement or filed an affidavit of candidacy for a given office, a candidate who raises or spends more than $100 in a year for a given office cannot qualify for first-time candidate status for that same office in subsequent election cycles.]




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).




Meeting adjourned.

Respectfully submitted,

Jeanne Olson
Executive Director


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