STATE OF MINNESOTA

ETHICAL PRACTICES BOARD

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Emergency Board Meeting
Wednesday, October 30, 1996

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Robert Whitaker Room, Office of the Legislative Auditor
First Floor South, Centennial Office Building

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MINUTES

The meeting was called to order by Chair Rodriguez.

Members present: Owens Hayes, Rodriguez, Slocum, Wilson.

Others present: Olson, Goldsmith, Swanson, staff; Gretz, counsel.

Mr. Anderson informed staff that he was not able to attend the emergency Board meeting. Staff was unable to contact Ms. Pauly.

Chair Rodriguez noted that notice of the emergency Board meeting was given in accordance with the open meeting law.

ADVISORY OPINION REQUEST

Request for the following advisory opinion is public data.

Advisory Opinion #251 - Spending increase for candidate running for office for first time

The Board discussed an advisory opinion request from Ted Seifert, co-chair of the People For (Merl) Norman Volunteer Committee, who asks if the candidate is entitled to a 10% increase in the campaign expenditure limit, as provided in Minn. Stat. § 10A.25, subd. 2(C). Mr. Norman registered a committee for the House of Representatives with the Ethical Practices Board in 1994, and raised and spent $220 related to an office whose territory includes more than one-third of the population of the new office.

Chair Rodriguez welcomed Mr. Seifert and Mr. Norman who requested to appear before the Board to present information about this matter.

Mr. Seifert and Mr. Norman each spoke in favor of a finding that Mr. Norman is eligible for the 10% increase in the campaign expenditure limit.

Ms. Owens Hayes' MOTION: To: 1) find that Mr. Norman is running for the office of Senator for the first time and that the activities of the candidate's House of Representatives principal campaign committee were so limited as to not constitute a previous run for office as that concept is used in Minn. Stat. § 10A.25, subd. 2(C); 2) direct staff to draft an advisory opinion consistent with these findings and circulate the draft opinion to the chair and other Board members for a five working day review; and 3) direct the chair to approve nonsubstantive changes, if any, and sign the opinion.

Vote on MOTION: Unanimously passed.

SUMMARY: ADVISORY OPINION #251 signed by Chair Carolyn Rodriguez, November 14 , 1996: Candidate is entitled to 10% increase in spending limit even though candidate's previous principal campaign committee engaged in limited activity related to an office whose territory includes more than one-third of the population of the new office.

Staff was directed by the Board to notify Mr. Norman's opponent in the general election of Mr. Norman's first time candidacy and the 10% increase in his campaign expenditure limit.

ADJOURNMENT

Meeting adjourned.

Respectfully submitted,

Nancy Wilson, Secretary

(minutes by staff)