STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
. . . . . . . . .
Thursday, June 6, 2002
. . . . . . . . .
Ladyslipper Conference Room
Ground Level, Centennial Office Building
Meeting was called to order by Chair Kelley.
Members present: Chambers, Fluegel, Kelley, Miller, Pauly, Spear
MINUTES
(April 23, 2002)
Ms. Pauly’s MOTION: To approve
the April 23, 2002, minutes as drafted.
Vote on MOTION: Unanimously passed by 5 members (Spear absent).
CHAIR'S
REPORT
Board
Meeting Schedule
Next meeting is scheduled for July 24, 2002.
On May 30, 2002, Chair Kelley reviewed the
performance of Jeanne Olson, Executive Director.
Ms. Olson’s performance exceeds standards in all instances.
Ms. Olson will receive a salary increase under the terms of the fiscal year 2003/2004 Manager’s Plan once it is
approved and an achievement award under the terms of the Fiscal Year 2001/2002
contract.
Ms. Olson submitted the following written
report:
·
Staff Activities
The Board’s rules are now in place. Lobbyists were informed of the new voluntary
reporting options. About 1,300 lobbyist
registrations were amended to choose a different reporting arrangement.
The Board’s website is now searchable.
The public is able to look up contributions by the name of the
contributor, the contributor’s employer, or the name of the recipient candidate
or committee. More variables will be
added as time allows.
Staff entered into a contract with the Department of Administration,
Management Analysis Division, to upgrade the look and functionality of the
Board’s website. Work continues on that
project.
On May 9th Chair Kelley, Mr. Sigurdson, and Ms. Olson were on
the faculty of a Continuing Legal Education program about Election Law.
·
Personnel
Guidelines for hiring freeze waivers have been issued. Governor Ventura delegated hiring decisions
to the appointing authority. I believe
that the responsibilities of the Investigator (Compliance Officer) position
meet the definition of ‘essential government service’. Staff has begun the search to fill the
position.
Melinda Lane, a student at Normandale Community College, has been hired
in the student worker position to assist with clerical duties through December
31, 2002. Ms. Swanson also interviewed
a candidate for an unpaid Internship.
The Board’s H1B1 petition on behalf of Xiaowei Cao was approved by the
Immigration and Naturalization Service.
Ms. Cao was granted work status through May 17, 2005.
·
Legislation
The Board’s bill was signed on May 9th
and becomes effective August 1st.
Staff is in the process of preparing information for clients about the
new provisions.
The Budget bill passed in ‘Phase One’
requires the Board to decrease its fiscal year 2003 budget by $35,000. That decrease is permanent. We are waiting for information from the
Department of Finance about the possibility of another permanent decrease.
·
Council on
Governmental Ethics Laws (COGEL) Conference
The Annual COGEL conference is being held September 29th through October 2nd in Ottawa, Canada. The Department of Employee Relations must approve all travel out of the country. A Request for Approval to Incur Special Expenses form, requesting permission for two staff members and two Board members to be named at a later date, was available for Chair Kelley’s signature.
Enforcement Report
Board
Action: Authorization of a
certified letter to compel the filing of a Special Election Report of Receipts
and Expenditures due April 9, 2002, and subsequent legal enforcement action if
the report is not filed. Two certified letters were sent to the
treasurer and candidate and staff contacted the candidate by telephone.
Jeff Davis,
candidate, Jeff Davis for Senate
Mr. Fluegel’s MOTION: To
authorize the actions specified in the consent matters.
Vote on MOTION: Unanimously passed.
Request
to Accept a Discrepancy in an Ending Cash Balance
Mark
D. Luther, treasurer, 3rd Congressional DFL - A routine review by Board staff of the
Report of Receipts and Expenditures covering the period January 1 through
December 31, 2001, filed by the 3rd Congressional DFL disclosed a
discrepancy of $540.89 between the December 31, 2000, ending cash balance and
the January 1, 2001, beginning cash balance.
By letter dated May 21, 2001, Mr. Luther stated that an audit discovered
$221.00 in check charges that had not been deducted from the check register. The committee was not able to identify the
reason for the remainder of the discrepancy, but offers the theory that it
represents unrecorded bank charges over a number of years. Mr. Luther requested that the Board accept
the reports as amended with a cash balance of $394.89.
Ms. Pauly’s MOTION: To approve Mr. Luther’s request and accept the Report of
Receipts and Expenditures with a beginning cash balance discrepancy.
Vote on MOTION: Unanimously passed.
·
Report of
Receipts and Expenditures due January 31, 2001
F. A. Lippert, treasurer, Lee Greenslit for State Representative
Committee: $100
Tom Workman, treasurer, Tom Workman Volunteer
Committee: $100
·
Brian
Sullivan for Governor Committee - During calendar year 2001 the Brian Sullivan for Governor Committee
accepted four contributions that facially exceeded the nonelection year
contribution limit. Additionally, the
Brian Sullivan for Governor Committee accepted $78,587 in contributions from
special sources that exceeded the nonelection year limit of $77,046. Mr. Sullivan entered into a conciliation
agreement on April 1, 2002, and paid a civil fine of $6,541.00.
·
LeRoy
Stumpf Reelection Committee
- During calendar year 2001, the Senator LeRoy Stumpf Reelection Committee
accepted a contribution that facially exceeded the nonelection year
contribution limit. Senator Stumpf
entered into a conciliation agreement on April 14, 2002, and paid a civil fine
of $200.
·
Citizen
Volunteer Committee for Irv Anderson - During calendar year 2001, the Citizen Volunteer Committee for Irv
Anderson accepted four contributions that facially exceeded the nonelection
year contribution limit. Representative
Anderson entered into a conciliation agreement on May 7, 2002, and paid a civil
fine of $300.
·
Mary Ellen Otremba Volunteer Campaign Committee - During calendar year 2001, the Mary Ellen Otremba Volunteer Campaign
Committee accepted a contribution that facially exceeded the nonelection year
contribution limit. Representative
Otremba entered into a conciliation agreement on May 8, 2002, and paid a civil
fine of $50.
·
Chris
Gerlach for State Representative Committee - During calendar year 2001, the Chris Gerlach for State Representative
Committee accepted a contribution that facially exceeded the nonelection year
contribution limit. Representative
Gerlach entered into a conciliation agreement on May 9, 2002, and paid a civil
fine of $200.
·
Dale Walz Volunteer Committee - During calendar year 2001, the Dale Walz
Volunteer Committee accepted aggregate contributions from political party units
that exceeded the nonelection year limit.
Representative Walz entered into a conciliation agreement on May 3,
2002, and paid a civil fine of $391.50.
·
Volunteers
for Jerome Dempsey Committee
- During calendar year 2001, the Volunteers for Jerome Dempsey Committee made
campaign expenditures of $5,605.72 that exceeded the nonelection year spending
limit of $5,064. Representative Dempsey
entered into a conciliation agreement on April 30, 2002, and paid a civil fine
of $541.72.
·
Char
Samuelson for House Committee
- During calendar year 2001, the Char Samuelson for House Committee made
campaign expenditures of $5,364.54 that exceeded the nonelection year spending
limit of $5,064. Representative
Samuelson entered into a conciliation agreement on April 25, 2002, and paid a
civil fine of $601.08.
Anonymous Contribution
Eileen O’Byrne,
treasurer, (Catherine) Shreves Volunteer Committee: $25
Return of Public Subsidy for Election 2000 (see March 18,
2002, minutes)
Sheree Breedlove, candidate, Sheree Breedlove Volunteer
Committee, failed to make the required May payment of $400. As stipulated in the payment arrangement,
failure to make a timely payment terminates the arrangement and makes the
outstanding balance due. The remaining
balance owed is $1,863.72. The Sheree
Breedlove Volunteer Committee has been re-referred to the Office of the Attorney
General for collection.
Financial
statement and agency deposits
- Mr. Sigurdson submitted
reports covering July 1, 2001, through May 31, 2002.
Annual Agency Spending Plan
Ms. Olson noted that the agency spending plan for fiscal year 2003 will
be available for Board review when staff hears from the Department of Finance
about further budget cuts.
Ms. Pauly’s MOTION: To authorize Ms. Olson to approve
the annual agency spending plan pending Board approval at the July board
meeting.
Vote on MOTION: Unanimously
approved.
Heartland Conference
The
staff thanked members of the Board for allowing us the opportunity to host the
Heartland Conference and to pay some incidental costs from Board
resources. Staff received many positive
comments about the substance of the conference as well as the accommodations. All full-time Board staff attended at least
of portion of the Heartland Conference.
A summary of conference sessions, topics, and expenditures was available
for Board members.
Legislation
A summary of the changes to Minnesota Statutes Chapter 10A was available
for Board members. All changes take
effect August 1, 2002.
ADVISORY
OPINION REQUESTS
The following advisory opinion requests are
public data.
Advisory Opinion Request #339
- Use of E-Mail and Websites in
Political Campaigns (see Board minutes March 18 and April 23, 2002)
The Board reviewed a draft advisory opinion
based on discussion from the April 23rd Board meeting.
Mr.
Fluegel’s MOTION: To approve
Advisory Opinion 339 as drafted.
Vote
on MOTION: Unanimously passed.
SUMMARY: ADVISORY OPINION #339 signed by Chair
Douglas A. Kelley, June 6, 2002: Internet based campaign
materials are subject to the contribution limits and reporting requirements of
Minnesota Statutes Chapter 10A .
Advisory
Opinion Request #340 - Public Subsidy Payments Potentially
Available to Minor Party or Independent Candidates
The Board reviewed the request for an
advisory opinion from Steve Keillor, candidate for the office of state senate, who asked if minor party and independent
candidates qualify for a public subsidy payment in 2002.
Ms.
Chambers’ MOTION: To approve
Advisory Opinion 340 as drafted.
Vote
on MOTION: Unanimously passed.
SUMMARY: ADVISORY OPINION #340 signed by
Chair Douglas A. Kelley, June 6, 2002: Minor party and independent
candidates who sign a public subsidy agreement with the State of Minnesota
prior to August 1, 2002, may qualify to receive a general account public
subsidy payment after the 2002 state general election.
Advisory
Opinion Request #341 - Providing the Services of An Employee
to a Candidate is an In-Kind Donation From the Employer
The Board reviewed the request for an
advisory opinion from legal counsel for an organization who asked if an
employee who wishes to work for the principal campaign committee of a state
candidate is granted sabbatical leave and the organization pays three-fourths
of the employee’s full salary, plus full health and retirement benefits for the
duration of the leave, will the organization have made a contribution to the
candidate’s campaign.
Ms.
Chambers’ MOTION: To approve
Advisory Opinion 341 as drafted.
Vote
on MOTION: Unanimously passed.
SUMMARY: ADVISORY OPINION #341 signed by
Chair Douglas A. Kelley, June 6, 2002: Providing a paid sabbatical
leave to an employee so that the employee may work in the campaign of a state
candidate is an in-kind donation from the employer to the candidate.
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).
ADJOURNMENT
Meeting
adjourned.
Respectfully
submitted,
Jeanne
Olson
Executive
Director
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