STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
. . . . . . . . .
Wednesday, August 28, 2002
. . . . . . . . .
Robert Whitaker Conference Room
First Floor, Centennial Office Building
. . . . . . . . .
MINUTES
Meeting was called to order by Vice Chair
Spear in Chair Kelley’s absence.
Members present: Chambers, Fluegel, Kelley, Miller, Pauly, Spear
MINUTES
(July 24, 2002)
Mr. Fluegel’s MOTION: To approve the July 24, 2002, minutes as drafted.
Vote on MOTION: Unanimously passed by five members (Kelley absent).
CHAIR'S
REPORT
·
Board Meeting Schedule
Next meeting is scheduled for September 25,
2002.
·
Council on
Governmental Ethics Laws (COGEL) Conference (see June 6 and July 24, 2002, minutes)
Ms. Chambers, Mr. Sigurdson, and Ms. Olson
will attend the annual COGEL Conference in Ottawa, Canada, September 29th
to October 2nd.
Chair Kelley arrived.
·
Authorizing Resolution
Ms. Pauly‘s MOTION: Resolved,
that Jeanne Olson, the executive director for the Campaign Finance and Public
Disclosure Board, Jeffrey Sigurdson, the assistant executive director for the
Campaign Finance and Public Disclosure Board, and Leah Drilias, the compliance
officer for the Campaign Finance and Public Disclosure Board are hereby granted
the authority and directed to appear on behalf of the Campaign Finance and
Public Disclosure Board in all Conciliation Court proceedings. All previous delegations of this authority
are rescinded.”
Vote on MOTION: Unanimously
passed.
Ms. Olson submitted the following written
report:
·
Staff Activities
On August 22nd Ms. Olson was on a panel for a Judicial Campaign Law & Ethics continuing legal education seminar at the judicial center.
The Board’s new website appears to be cutting down on some phone calls to staff. Clients are able to access registration numbers and addresses and print forms and publications from the site which also decreases mailing costs.
Pre-primary campaign Finance reports from 538 registered candidates and about 725 political committees, political funds, and political party units were due August 26th. About 181 candidates and 45 political committees, political funds, and political party units filed the reports electronically. Staff estimates that about 200 more political committees and political funds use the software but do not file electronically. Staff will contact those treasurers prior to the pre-general election report due October 28th to determine why they are not filing the reports electronically.
· Personnel
Jeff Sigurdson reviewed the performance of Xiaowei Cao. Ms. Cao’s performance is above expectations. Under the terms of the MAPE contract, Ms. Cao is not eligible for a salary increase. However, she will be awarded the MAPE Achievement Award of $1,000 for her excellent and timely work on the Board’s new website.
Patty Klingner, the Board’s part-time employee, will return to work on September 6th.
Ms. Olson told Board members that staff has been advised that there will be a 10% across-the-board funding decrease for the next biennium. Because of the funding issue, staff is attempting to find procedures to decrease on-going costs. One of the items reviewed was mailing costs. It is estimated that approximately $600 could be saved each year in postage and supply costs if staff discontinued sending reminder letters to delinquent clients prior to sending a certified letter.
Board members reviewed a draft procedure that proposed listing the names of non-filing clients on the Board’s website on the fifth day after a report is due.
Mr. Fluegel’s MOTION: To approve the procedure as drafted.
Vote on MOTION: Unanimously passed (see copy of procedure attached).
Enforcement Report
Discussion Items
Request to
administratively terminate lobbyist registration
Nancy M. Smith, St. David’s Child Development and Family Services - In a letter dated July 8th, from Kristin Hays, Executive Director, St. David’s Child Development and Family Services, staff was notified that Nancy M. Smith left the employ of St. David’s, and moved out of state. St. David’s submitted a final Lobbyist Disbursement report for Ms. Smith, and asks that her registration be administratively terminated as a lobbyist for St. David’s.
Minnesota Victory Committee - The Minnesota Victory Committee accepted the Board’s advice and terminated its registration.
Barbara Kilbourne, Catholic Health Association: $100
Anonymous
Contributions
Harry Welty, candidate, Welty Volunteer Committee: $96.34
Lana Ensrud, candidate, Elect Lana Ensrud: $91.00
Tim Mahoney, candidate, Tim Mahoney for House Committee: $1,053.55
Brian Biele, Elect Brian Biele Campaign Committee, $100, remaining balance $300.
Hubert “Buck” Humphrey, Friends for Humphrey Committee - The Friends of Humphrey committee accepted a contribution from a lobbyist during the 2002 legislative session. The committee returned the contribution to the lobbyist, and paid a civil fine of $100 on August 9, 2002.
Financial statement and agency
deposits - Mr. Sigurdson submitted reports for
the month of July 2002.
Annual Report
Board members reviewed and made
nonsubstanative changes to a draft of the Annual Report for Fiscal Year
2002. Staff noted that the financial
report was not included because there are still outstanding payments.
Mr. Fluegel’s MOTION: To approve the Annual Report for Fiscal Year 2002 as
amended in discussion and pending financial reports.
Vote on MOTION: Unanimously passed.
Public
Subsidy Payments – Resolution
Because of changes to the public subsidy program enacted in Chapter 10
of the 2001 Special Session and because of the transition language provided in
Chapter 363, Laws of 2002, the Board will most likely be paying candidates
public subsidy payments under two schedules in 2002. The payment will either be in one amount paid to qualified
candidates after the primary election or in two payments, the party account
payment following the primary election and the general account payment after
the general election.
Ms. Chamber’s MOTION: Resolved, that the Executive Director shall determine
which candidates are eligible to receive a combined party and general account
public subsidy payment after the primary election, shall verify all eligibility
requirements, shall determine the amount of each payment to which the candidate
is entitled, and shall do all things necessary to make the payment within the
time period specified in statutes.
Further
resolved, that the Executive Director shall determine which candidates are
eligible to receive a public subsidy payment in two parts, a party account
public subsidy payment after the primary election, and a general account
payment after the general election. The
Executive Director shall verify all eligibility requirements, shall determine
the amount of each payment to which the candidate is entitled after the primary
election, and shall do all things necessary to make the payment within the time
period specified in statute. After the
general election, the Executive Director shall determine which candidates are
eligible for general account public subsidy payments, shall verify all
eligibility requirements, and shall determine the amount of each payment to
which the candidate is entitled.
Vote on MOTION: Unanimously
passed.
ADVISORY
OPINION REQUEST
Advisory Opinion Request #342 - Mailings to members of an organization for the purpose of influencing the nomination or election of a candidate is a campaign expenditure that must be made through a political committee (see July 24th minutes)
Board members reviewed the advisory opinion
request from an association asking if the association may send letters to members
reporting on lawmakers past performance and voting record as measured against
the group’s rating criteria and if those expenses would be reported as
expenditures of the political committee of the organization.
Mr.
Fluegel’s MOTION: To approve
Advisory Opinion 342 as drafted.
Vote
on MOTION: Unanimously passed.
SUMMARY: ADVISORY OPINION #342 signed by Chair Douglas A. Kelley, August 28, 2002: A mailing to members of an association that supports a legislator and announces that the legislator received an award for his voting history is a campaign expenditure that influences the nomination or election of the legislator. This is true even if the award is based on a ranking of legislative voting that is not in itself intended to influence the outcome of an election.
Advisory Opinion Request #343 –
Contributions from a corporation to a ballot question committee
Board members reviewed the advisory opinion
request from a national nonprofit organization that is in the process of
organizing a political committee in Minnesota for ballot question issues.
Mr.
Miller’s MOTION: To lay over
the request for Advisory Opinion 343 to the next Board meeting.
Vote
on MOTION: Unanimously passed.
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).
Complaint Regarding the MAPE-PAC – The Board issued a finding showing that there is no probable cause to believe that MAPE-PAC commingled funds or that reporting violations alleged in the complaint continue to exist. 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).
Complaint Regarding Jim Knobloch and the House Republican Campaign Committee – The Board issued a finding showing that there is no probable cause to believe that the House Republican Campaign Committee or Representative Knobloch knowingly violated Minn. Stat. § 10A. 17, subd. 4. 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).
Complaint Regarding Katie Sieben Volunteer Committee – The Board issued a finding showing that there is probable cause to believe that the Katie Sieben Volunteer Committee violated Minn. Stat. §10A.273 by accepting a contribution from a registered lobbyist during the regular session of the legislature in 2002. In lieu of forwarding the above public finding of probable cause to the county attorney in Ramsey County to pursue a judgment in district court, the Board imposed a civil fine of $100 on the Katie Sieben Volunteer Committee for acceptance of a contribution during the regular 2002 legislative session. 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).
Meeting adjourned.
Jeanne Olson
Executive Director
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