STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
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Tuesday, April 23, 2002
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Blazing Star Conference Room
Ground Level, Centennial Office Building
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MINUTES
Meeting was called to order by Vice Chair Spear.
Members present: Chambers, Fluegel, Kelley, Miller, Pauly, Spear
Others present: Olson, Sigurdson, Swanson, staff; Huwe, counsel
MINUTES (March 18, 2002)
Ms. Chambers MOTION: To approve the March 18, 2002, minutes as presented.
Vote on MOTION: Unanimously passed by 5 members (Kelley absent).
CHAIR'S REPORT
Board Meeting Schedule
Next meeting is scheduled for May 28, 2002.
Board Appointments
The House Governmental Operations and Veterans Affair Policy Committee confirmed the appointments of Ms. Chambers and Mr. Miller. The appointments were also approved by the full senate and house.
EXECUTIVE DIRECTOR'S REPORT
Ms. Olson submitted the following written report:
Staff Activities
The Boards website should be searchable by April 18th. The public will be able to look up contributions by the name of the contributor, the contributors employer, or the name of the recipient candidate or committee. We will continue to add more variables as time allows.
Personnel
Ms. Olson reviewed the performance of LuAnn Swanson, Office Manager, for the period April 2001 through March 2002. Ms. Swansons performance meets or exceeds standards in all instances. Based on the Middle Management Contract, Ms. Swanson will receive a step increase and an Achievement Award.
Ms. Olson reviewed the performance of Jeff Sigurdson, Assistant Executive Director, for the period January 2001 through March 2002. Mr. Sigurdsons performance meets or exceeds standards in all instances. Mr. Sigurdson will receive a salary increase under the terms of the Managers Plan once it is approved.
John Nesbitt, Information Systems Manager, is on family leave for three weeks following the birth of a baby daughter on April 15th. Consequently, staff is down 33%. Guidelines for requests for exceptions to the hiring freeze have not been set.
Legislation
The Boards bill passed both the Senate and House. There are minor differences in the bills that are being conferenced by Representative Rhodes and Senator Hottinger.
Enforcement Report
Consent Items
Board Action: Authorization of a third certified letter to compel the filing of a Lobbyist Disbursement Report due January 15, 2002, 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 were sent and staff attempted to contact the individuals by telephone.
C. Scott Cooper, OutFront Minnesota
Gena M. Doyscher, Global Crossing
James A. Meffert-Nelson, Minnesota Optometric Association
Bruce A. Miller, Common Cause Minnesota
Board Action: Authorization of a certified letter to compel the filing the Report of Receipts and Expenditures due January 31, 2002, 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 were sent and staff attempted to contact each individual by telephone.
Michael Dorn, treasurer, (Maureen) Anderson Volunteer Committee
Christopher Berg, candidate, Chris Berg for State Senate
Sarah Birrenbach, treasurer, (John) Birrenbach Campaign Committee
Greg Dolce, candidate, Campaign to Elect Greg Dolce
Joel Holstad, candidate, Committee to Elect Joel Holstad
Brett Johnson, treasurer, (Joellen) Johnson Volunteer Committee
Larry Lownie, candidate, Friends of Larry Lownie
Herminia Cardenas, treasurer, Neighbors for (Carlos) Mariani
Larry McKenzie, candidate, Larry McKenzie
James Forsythe, treasurer, Senator (Steven) Morse Volunteer Committee
Michelle Pone, treasurer, Eric Pone Volunteer Committee
Phil Ratté, candidate (Phil) Ratté for State Representative
Lisa Tarasar, candidate, Friends of Lisa Tarasar
Ray Wheeler, candidate, Ray Wheeler Volunteer Committee
Tom Workman, candidate, Tom Workman Volunteer Committee
Marianne Beck, treasurer, 43rd Senate District RPM
Greg Dolce, treasurer, 61st Senate District RPM
Christopher Berg, treasurer, 4th Congressional District Republican Labor Federation
Joleen Schaefer, treasurer, Nicollet County DFL
Joe McCabe, treasurer, Watonwan County DFL
Robin Madsen, treasurer, AFSCME Council 14 PEOPLE Fund
Denise Fahl, treasurer, AFSCME Local 34 PEOPLE
Edward Fire, treasurer, IUE Committee on Political Education AFL-CIO
James Meffert-Nelson, treasurer, Minnesota Optometric Political Action Committee
Scott Cooper, treasurer, Minnesotans for Tobacco-Free Children
Mr. Fluegels MOTION: To authorize the actions specified in the consent matters.
Vote on MOTION: Unanimously passed by 5 members (Kelley absent).
Discussion Items
Waiver Requests
Report of Receipts and Expenditures due January 31, 2002
Robert H. Yurcek, Watonwan County RPM, $35 The report was received in the Board office on March 20, 2002. In a letter to the Board, Mr. Yurcek requested a waiver of the late fee saying he mailed the Report to the Board on January 19, 2002, and he was not aware that the Board did not receive the report until March 19, 2002. No motion was made.
Rahn Workcuff, Friends of Rahn Workcuff Committee, $55 - In a conversation with Mr. Workcuff, his live in nurse, and Mr. Egge (Hennepin County social worker), it came to the attention of staff that Mr. Workcuff is no longer able to submit reports for his committee. Mr. Egge completed the report using information supplied by Mr. Workcuff, and submitted a waiver request on behalf of Mr. Workcuff.
Mr. Spears MOTION: To approve Mr. Workcuffs request to waive the $55 late filing fee due to extenuating circumstances.
Board members discussed the future mailing of reports to Mr. Workcuff.
Mr. Spears AMENDED MOTION: To approve Mr. Workcuffs request to waive the $55 late filing fee due to extenuating circumstances and discontinue sending Mr. Workcuff certified letters in the future.
Vote on MOTION: Unanimously passed by 5 members (Kelley absent).
Informational Items
Payment of Late Filing Fees
Report of Receipts and Expenditures due January 31, 2002
Robert Weiss, treasurer, Minnesota Chiropractic Political Action Committee: $70
Dean Kluge, candidate, Kluge for State House: $45
Lawrence Schultz, candidate, East Side for Lawrence Schultz: $85
Andy LaMotte, treasurer, Reform Party of Minnesota: $20
Lobbyist Disbursement Report due January 15, 2002
Corey Bailey, lobbyist, Pleasuredome Resorts: $55
Return of Public Subsidy for Election 2000 (payment arrangement)
Sheree Breedlove, candidate, Sheree Breedlove Volunteer Committee: $400, the current balance owed is $1,863.72.
Financial statement and agency deposits - Mr. Sigurdson submitted reports covering July 1, 2001, through March 31, 2002.
Heartland Conference
A tentative agenda for the Heartland Conference to be held at the Crowne Plaza Northstar in Minneapolis April 28 30, 2002, was available for Board members. Chair Kelley will be welcoming the attendees at breakfast on Monday, April 29th. Ms. Olson invited all Board members to attend the conference.
Rules
Mr. Sigurdson reported that the Boards rules took effect April 22nd.
ADVISORY OPINION REQUEST
The following advisory opinion requests are public data.
Advisory Opinion Request #338 - Definition of the term agent in relation to independent expenditures (laid over from March 18, 2002, meeting)
The Board reviewed a draft advisory opinion based on the discussion at the March 18th Board meeting.
Mr. Fluegels MOTION: To approve advisory opinion #338 as drafted.
Vote on MOTION: Unanimously passed by 5 members (Kelley absent).
SUMMARY: ADVISORY OPINION #388 signed by Chair Douglas A. Kelley, April 23, 2002:
A consultant who provides services to a principal campaign committee is an agent of that committee. An expenditure is not independent if an agent of a principal campaign committee directly or indirectly influences the political party unit, political committee, or political fund to make the expenditure.
Chair Kelley arrived and assumed the duties of the chair.
Advisory Opinion Request #339 - Use of E-Mail and Websites in Political Campaigns (see Board minutes March 18, 2001)
The Board reviewed and discussed the request for an advisory opinion from Phil Madsen, treasurer, Jesse Ventura Volunteer Committee who asks several questions relating to the use of the Internet and the valuation of services provided by volunteers and the reporting requirements of those services.
Ms. Paulys MOTION: To lay over discussion of advisory opinion #339 to the next Board meeting.
Vote on MOTION: Unanimously passed.
LEGAL COUNSELS REPORT
Counsel Huwe presented the legal counsel report outlining the status of cases, which have been turned over to the Attorney Generals office (see copy of memo attached).
ADJOURNMENT
Meeting adjourned.
Respectfully submitted,
Jeanne Olson
Executive Director