STATE OF MINNESOTA
ETHICAL PRACTICES BOARD

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Friday, January 24, 1997

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Blazing Star Conference Room

Ground Floor, Centennial Office Building

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MINUTES

Meeting was called to order by Chair Rodriguez.

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

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

Ms. Pauly informed staff that she would be unable to attend the Board meeting.

MINUTES (November 22, 1996)

Ms. Owens Hayes' MOTION: To approve the November 22, 1996, minutes as drafted.

Vote on MOTION: Unanimously passed.

CHAIR'S REPORT

Board Meeting Schedule - Next Board meeting: Friday, February 28, 1997. Ms. Pauly informed staff that she will be unable to attend the March 21st Board meeting.

Council on Governmental Ethics Laws (COGEL) Conference (see August 23rd, September 20th and October 25th minutes) - Mr. Anderson reported on the December COGEL Conference. Chair Rodriguez proposed that the Board consider sending three staff and one Board member to future COGEL conferences. The next conference will be in Edmonton, Alberta, in September, 1997.

Delegation of Authority - The Board reviewed a memo from Chair Rodriguez outlining three statutory duties that the Board may wish to delegate to the Executive Director.

1. Minn. Stat. §10A.02, subd. 5, provides that the Board hire, discipline or dismiss employees of the Board.

Mr. Anderson's MOTION: To delegate to the Executive Director the authority to hire, discipline, or dismiss employees of the Board, except for the Assistant Director and to adjust the Executive Director's position description accordingly.

Vote on MOTION: Unanimously passed.

2. Minn. Stat. §10A.02, subd. 11, requires the Board to investigate violations.

Ms. Owens Hayes' MOTION: To delegate to the Executive Director the authority to determine, in consultation with Board counsel if necessary, whether a filed complaint alleges a violation of Chapter 10A so as to require its acceptance for investigation. The Board will continue to monitor the investigation, make suggestions, determine probable cause, and issue findings.

Vote on MOTION: Unanimously passed.

3. Minn. Stat. §10A.02, subd. 12, requires the Board to issue advisory opinions.

Mr. Anderson's MOTION: To delegate to the Executive Director the authority to determinate, in consultation with Board counsel if necessary, the appropriateness of a request for an interpretation of chapter 10A and for placement on the agenda of the Board meeting.

Vote on MOTION: Unanimously passed.

EXECUTIVE DIRECTOR'S REPORT

Meeting with Attorney General's Office - Ms. Olson reported that she and Mr. Goldsmith met with representatives of the Attorney General's office to discuss the Board and staff's relationship with their office. One of the topics covered was costs associated with the Attorney General's office representing the Board and in defending the statutes administered by the Board. The Attorney General's office requests the Board's assistance with the legislature to establish a mechanism to meet funding needs due to fluctuating costs. The Chair of the Legislative Recommendation Committee will be recommending this item be included in the Board's 1997 legislative recommendations. (See page 12).

Public Outreach - Ms. Olson reported the following staff outreach:

October 31st - Ms. Olson and Mr. Goldsmith met with foreign visitors from Croatia, Israel, Pakistan, Peru, Tanzania, and Burma;

November 18th - Ms. Olson and Mr. Goldsmith met with foreign visitors from Kuwait, Pakistan, Papua, New Guinea, Sierra Leone, the West Bank, Zimbabwe;

November 21st - Ms. Olson and Mr. Goldsmith met with about 20-25 members of the Emergency Medical Services Regulatory Board to discuss the ban on gifts to public officials;

December 11th - Ms. Swanson talked to approximately 100 people from the Minnesota Council of Nonprofits about lobbyist registration and reporting requirements;

December 13th - Ms. Olson participated in a Continuing Legal Education class on lobbying and the ban on gifts to public officials;

January 10th - Ms. Olson talked to another group of 100 from the Minnesota Council of Nonprofits about lobbyist registration and reporting requirements; and

January 14th - Ms. Olson met with newly elected Republican House members to discuss the ban on gifts to legislators.

Additionally, Ms. Olson served on a panel on campaign finance, was the moderator for a panel on the ban of gifts to public officials, and was on the Awards Committee at the Council on Governmental Ethics Laws Conference, December, 1996. She has been asked to serve on the Awards Committee again for the conference in Edmonton, Alberta, in September, 1997.

Board office matters (see May 31st, June 21st, September 20th and October 25th minutes) - The remodeling of the Board office has begun. Construction should be finished in about four weeks.

Staff matters - Joyce Larson, Clerk Typist 3, received an annual performance review in November and a step increase in accordance with the AFSCME contract.

Correspondence - A letter to Representative Carol Molnau, treasurer, House Republican Party of Minnesota Campaign Committee, about contributions during legislative session to candidates from legislative caucus committees was available for Board review (see copy attached).

Enforcement Report

Mr. Maloney presented the following enforcement matters for Board action:

Consent Items

Board Action: Authorization of third letter, to be sent by certified mail, for nonpayment of late filing fees and subsequent legal enforcement action in the event the fee is not paid. Two notices have previously been sent to each client.

Report of Receipts and Expenditures due 9/3/96

James C. Bernstein, Metropolitan Good Government Coalition Committee, $500

Report of Receipts and Expenditures due 10/28/96

Don Koenig, Elect Don "Dr. Freedom-532 Million" Koenig, $200

Cynthia Kranz, Friends of (Tony) Kranz, $50

James H. Stock, Stevens County RPM, $50

Harold Anderson, Tenth Ward and Rural Ramsey DFL Donut Booth, $400

Board Action: Authorization of third certified letter requiring filing of amendment and subsequent legal enforcement action in the event the amendment is not filed. Two notices have previously been sent to each client.

Report of Receipts and Expenditures due 9/3/96

Paul Ashmore, Minnesota Citizens for Limited Legislative Terms, $0

Report of Receipts and Expenditures due 10/28/96

Eugene Holderness, Dorsey Political Fund, $0

Board Action: Authorization of third letter, to be sent by certified mail, requiring filing of amendment to the Registration and Statement of Organization and subsequent legal enforcement action in the event the amendment is not filed. Two notices have previously been sent to client.

David W. Edwards, 59th Senate District DFL, $0

Mr. Anderson's MOTION: To authorize the actions specified in the consent matters.

Vote on MOTION: Unanimously passed.

Discussion Items

Waiver Requests - Campaign Finance Program Report of Receipts and Expenditures due 9/3/96 and 10/28/96

Mike Halleron, treasurer, (Dean) Urdahl for 15B Volunteer Committee, 1-2790 15B, Report due 9/3/96, filed 10/11/96, $500 and Report due 10/28/96, filed 11/15/96, $450.

Mr. Slocum's MOTION: To grant Mr. Halleron's request to waive the $500 and $450 late filing fees due to extenuating circumstances.

Vote on MOTION: Yes: Owens Hayes, Slocum, Wilson

No: Anderson, Rodriguez

Motion failed.

Mr. Anderson's MOTION: To grant Mr. Halleron's request to waive the $500 and to impose the $450 late filing fee.

Vote on MOTION: Unanimously passed.

Roger Battreall, treasurer, AFSCME Local 2938, 3-0343, Report due 9/3/96, filed 10/8/96, $500, Report due 10/28/96, filed 11/5/96, $100.

Ms. Wilson's MOTION: To grant Mr. Battreall's request to waive the $500 and $100 late filing fees due to extenuating circumstances.

Vote on MOTION: Yes: Wilson

No: Anderson, Owens Hayes, Rodriguez, Slocum

Motion failed. No further motion was made.

Campaign Finance Program Report of Receipts and Expenditures due 10/28/96

Mike Schultz, treasurer, (Mike) Schultz Volunteer Committee, 1-3625 13A, filed 12/4/96, $500. No motion was made.

David Fisher, treasurer, (Jean) Wagenius Volunteer Committee, 1-1864 63A, filed 11/4/96, $50.

Ms. Owens Hayes' MOTION: To grant Mr. Fisher's request to waive the $50 late filing fee due to extenuating circumstances.

Vote on MOTION: Yes: Anderson, Owens Hayes, Slocum, Wilson

No: Rodriguez

Motion passed.

Eugene E. Juneski, treasurer, Minneapolis Fire Department Pensioners PCF, 4-0254, filed 11/6/96, $150.

Ms. Wilson's MOTION: To grant staff's request to waive the $150 late filing fee due to an error in the Boards data base.

Vote on MOTION: Unanimously passed.

Stanley Haugen, treasurer, Mounds View DFL Club, 4-0513, filed 11/4/96, $50. The Committee has paid $21.17, the remaining balance in the account, and terminated its registration with the Board. The treasurer requests a waiver for the remaining $28.83 in late fees.

Ms. Owens Hayes' MOTION: To grant Mr. Haugen's request to waive the remaining $28.83 late filing fee.

Vote on MOTION: Unanimously passed.

Tracy Roy, treasurer, St. Croix Valley Central Labor Union, 3-0255, filed 11/8/96, $250.

Mr. Slocum's MOTION: To grant Ms. Roy's request to waive the $250 late filing fee due to extenuating circumstances.

Vote on MOTION: Unanimously passed.

Deon Stuthman, treasurer, U of M Faculty Candidate Support Committee, 4-0245, filed 11/17/96, $450. No motion was made.

Requests to Reconsider Board Denial of Waiver Request - Campaign Finance Program Report of Receipts and Expenditures due 9/3/96

James M. Nessa, treasurer, 10th Senate District DFL, 2-0555, filed 9/30/96, late filing fee was $500. The Committee has paid $174.01, the remaining balance in the account, and terminated its registration with the Board. The treasurer requests a waiver for the remaining $325.99 in late fees.

Mr. Slocum's MOTION: To grant Mr. Nessa's request to waive the remaining $325.99 late filing fee.

Vote on MOTION: Unanimously passed.

Proposal for Installment Payments

Kathryn Harris, treasurer, Volunteer Committee to Elect (Kathy) Harris, 1-3635 65A, $100 late fee accrued for the late filing of the Report of Receipts and Expenditures due 10/28/96. The report shows that the committee has terminated and has a zero cash balance. Ms. Harris made a $20 payment on December 18, 1996, and would like to make payments of $20 per month, until the $100 late filing fee is paid.

Ms. Owens Hayes' MOTION: To accept Ms. Harris' $20 payment toward the $100 late filing fee and to waive the remaining $80. The Board notes that the committee has terminated its registration with the Board.

Vote on MOTION: Yes: Anderson, Owens Hayes, Rodriguez, Slocum

Abstain: Wilson

Motion passed.

Donald L. Moos, treasurer, (Becky) Livermore Volunteer Committee, 1-3282 4, $500 late fee accrued for the late filing of the Report of Receipts and Expenditures due 10/28/96. The report shows that the committee has a cash balance of $96.41. Mr. Moos made a $250 payment on January 16, 1997, and would like to make payments of $25 per month, until the $500 late filing fee is paid.

Mr. Anderson's MOTION: To accept Mr. Moos' proposal for payments of $25 monthly until the remaining $250 is paid.

Vote on MOTION: Unanimously passed.

Request to Terminate Registration With Cash Balance in Excess of $100

Clayton C. Daley, treasurer, The Proctor & Gamble Good Government Committee (P&G PAC), 4-0747 - This committee will not be contributing to any state or local candidates in the state of Minnesota. The terminating committee's most recent contributions to Chapter 10A committees totaling $2,200 were disclosed on the January 31, 1997, report, covering the period January 1 through December 31, 1996. The committee reported a cash balance of $62,796.60 on the January 31, 1997, report.

Mr. Anderson's MOTION: To grant Mr. Daley's request to terminate the Proctor & Gamble Good Government Committee (P&G PAC) with a cash balance of more than $100.

Vote on MOTION: Unanimously passed.

Informational Items

Payment of Civil Penalty

Citizens to Elect (Ray) Cleveland Committee, #1-3452 64B - The Board investigated in executive session, on November 22, 1996, the committee's acceptance of one contribution from a registered lobbyist during the regular session of the legislature during 1996. The Board issued Findings imposing a $100 civil fine that was signed by the Board Chair on November 22, 1996. On December 14, 1996, the Citizens to Elect Cleveland Committee paid the civil fine of $100.

(Kathy) Tingelstad Volunteer Committee, #1-3415 50B - The Board investigated in executive session, on November 22, 1996, the committee's acceptance of two contributions from the House Republican Party of Minnesota Campaign Committee and one contribution from a registered political committee during the regular session of the legislature during 1996. The Board issued Findings imposing a $1,200 civil fine that was signed by the Board Chair on November 22, 1996. On December 30, 1996, the Tingelstad Volunteer Committee paid the civil of $1,200.

All payments of civil fines have been deposited in the general fund of the state under Minn. Stat. §10A.28.

Payment of late filing fees

Under payment plans:

George W. Bateman, treasurer, (George) Bateman for Representative, #1-2493 37B, $202.35 partial repayment of the return of public subsidy paid through Chapter 13 bankruptcy ($3,083.62 return of public financing remains to be paid for 1990).

Kay Hansen, treasurer, Volunteer Committee to Elect (Kathy) Harris, #1-3635 65A, $20 - Partial payment of proposed installment payment schedule for a $100 late fee for the late filing of the Report of Receipts and Expenditures due 10/28/96. NOTE: see page six.

Gregory J. Dolce, treasurer, Campaign to Elect (Marilyn) Jackson, #1-3006 61A, $400 - Final payment of installment payment schedule for a $500 late fee for the late filing of the Report of Receipts and Expenditures due 9/3/96.

Ken Smith, (Fathers Who Care), $50 - Final payment of installment payment schedule for a $100 late fee for the late filing of the Lobbyist Disbursement Report due 4/15/96.

For the late filing of the Original Statement of Economic Interest due 4/27/96.

John Culliton, (Minnesota Amateur Sports Commission), $100.

For the late filing of the Lobbyist Disbursement Report due 7/15/96

Mark A. Nygaard, (R-Kids/Remember Kids in Divorce Settlements), $100.

For the late filing of the Report of Receipts and Expenditures due 9/3/96

Judy Rudnitski, treasurer, (Anthony) Muehlbauer Volunteer Committee, #1-3152 17B,

$500;

Robert E. Hines, treasurer, 10th Senate District DFL, #2-0555, $174.01;

Patricia A. Chapek, treasurer, 27th Senate District DFL, #2-0324, $200;

Katherine S. Flom, treasurer, 43rd Senate District DFL, #2-0558, $500;

Ardith J. Lussier, treasurer, AFSCME Local 34 PEOPLE, #4-0753, $125;

Ronald P. McLaughlin, treasurer, Brotherhood of Locomotive Engineers, #4-0743,

$250;

Harlan Tardy, treasurer, Minnesota Professional Fire Fighters PAC, #3-0553, $500; and Charles Slocum, treasurer, Minnesotans for Term Limits, #4-0691, $500.

For the late filing of the Report of Receipts and Expenditures due 10/28/96.

William J. Lawrence, treasurer, (William) Lawrence Volunteer Committee, #1-3377 4A, $200;

Donald L. Moos, treasurer, (Becky) Livermore Volunteer Committee, #1-3282 4, $250; Peter Kosmas, treasurer, (Mike) Mann Volunteer Committee, #1-3663 42B, $300; Herminia Cardenas, treasurer, Neighbors for (Carlos) Mariani Committee, #1-2353 65B, $50;

Mary Kobliska, treasurer, (Dallas) Sams for Senate, #1-2448 11, $50;

Richard T. Jellinger, treasurer, Citizens for (Charles) Weaver, #1-2148 49A, $50; Sharon Young, treasurer, Committee to Elect (Carol A.) White, #1-3135 58A, $200; Terry L. Harrington, treasurer, 47th Senate District RPM, #2-0544, $50;

K. N. Steinbach, treasurer, Clearwater County DFL, #2-0025, $50;

Steven W. Kallin, treasurer, Cottonwood County RPM, #2-0714, $100;

Noel P. Labine, treasurer, Marshall County DFL, #2-0328, $50;

Mary Ryan, treasurer, Renville County DFL, #2-0124, $150;

Eugene Holderness, treasurer, Dorsey Political Fund, #3-0116, $500;

Dennis Kamstra, treasurer, Health Dimensions PAC, #4-0641, $350;

Stanley Haugen, treasurer, Mounds View DFL Club, #4-0513, $21.17;

Edmond C. Hanson, treasurer, Political Education Fund of Local 21, #3-0154, $500; Michael Forbes, treasurer, Olmsted County DFL Women's Club, #4-0080, $100; and William McManus, treasurer, Republican National State Elections Committee, #4-0464, $500.

All payments have been deposited in the general fund of the state under Minn. Stat. §10A.34.

Acceptance of contribution from unregistered association

Ronald Crow, treasurer, 7th Congressional District RPM, 2-0437, accepted total contributions of $260 from the (Bert) McKasy for U.S. Senate committee on February 23, 1996. Upon notification that this association is not registered with the Board the Committee returned $160 to the contributor on December 20, 1996. A copy of the returned contribution check was received in the Board office on December 24, 1996.

Patricia L. Banks, treasurer, 65th Senate District DFL, 2-0457, accepted total contributions of $200 from the St. Paul Fire Fighters Political Education Fund #303 on October 7, 1996. Upon notification that this association is not registered with the Board the Committee returned the contribution in full to the contributor on December 23, 1996. A copy of the returned contribution check was received in the Board office on December 26, 1996.

Jerry Beedle, treasurer, Labor Solidarity Committee, 4-0303, accepted total contributions of $150 from the Hotel Employees Local 17 on September 20, 1996. Upon notification that this association is not registered with the Board the Committee returned the contribution in full to the contributor on December 9, 1996. A copy of the returned contribution check was received in the Board office on December 11, 1996.

Anonymous Contribution

Citizens for (Charles) Weaver received an anonymous contribution of $50. The committee forwarded the contribution to the Board on November 19, 1996.

The $50 has been deposited in the General Account of the State Elections Campaign Fund, under Minn. Stat. §10A.15, subd. 1 and Minn. Rule 4503.0100, subd. 3.

Return of Public Subsidy - Excess Carry Forward Amount

(Sam) Solon Volunteer Committee (Senate District 7) $920.82, returned under Public Financing Agreement, 1996 election.

The payment has been deposited in the general fund of the state under Minn. Stat. §10A.324

Financial report and agency deposits - Mr. Goldsmith submitted a report covering July through December, 1996.

Discussion about use of campaign funds - The Board reviewed and discussed a memo from staff requesting direction from the Board in dealing with questions related to use of campaign funds for both campaign expenditures and noncampaign disbursements. (See copy of memo attached).

Mr. Anderson's MOTION: To: 1) lay over discussion of this matter to the February 28th Board meeting; and 2) direct staff to draft a policy about this matter for Board consideration.

Vote on MOTION: Unanimously passed.

ADVISORY OPINION REQUESTS

Requests for the following advisory opinions are nonpublic data.

Advisory Opinion #254 - Activities related to student lobbying

The Board reviewed a draft response to an advisory opinion request from an individual who asks if activities as a teacher guiding and assisting students in their lobbying initiatives constitute lobbying so as to require the teachers registration with the Ethical Practices Board as a lobbyist.

Mr. Anderson's MOTION: To approve Advisory Opinion #254 as drafted.

Vote on MOTION: Unanimously passed.

SUMMARY: ADVISORY OPINION #254 signed by Chair Carolyn Rodriguez, January 24, 1997: A teacher in a public school who, as a part of an official school program, teaches students to lobby and performs services in support of the students' lobbying efforts does not become a lobbyist as a result of those activities.

Advisory Opinion #255 - Use of campaign funds for costs of serving in public office.

The Board reviewed a draft response to an advisory opinion request from a state legislator with a principal campaign committee registered with the Ethical Practices Board who asks if a legislator's cost of attending the described functions in an official capacity is a cost of serving in public office which may be paid with principal campaign committee funds.

Mr. Slocum's MOTION: To approve Advisory Opinion #255 as drafted.

Vote on MOTION: Unanimously passed.

SUMMARY: ADVISORY OPINION #255 signed by Chair Carolyn Rodriguez, January 24, 1997: Costs of attending functions which directly relate to and assist a legislator in the performance of official duties may be paid with principal campaign committee funds and reported as noncampaign disbursements.

Advisory Opinion #256 - Noncampaign disbursement for replacement of stolen campaign signs

The Board reviewed a draft response to an advisory opinion request from a candidate with a principal campaign committee registered with the Ethical Practices Board, who asks if the cost of replacing campaign signs which were stolen before they could ever be used is a noncampaign disbursement.

Ms. Wilson's MOTION: To approve Advisory Opinion #256 as drafted.

Vote on MOTION: Unanimously passed.

SUMMARY: ADVISORY OPINION #256 signed by Chair Carolyn Rodriguez, January 24, 1997: The cost of replacing campaign lawn signs which were stolen before they were ever used is a noncampaign disbursement to the extent that it does not exceed the cost of the stolen signs.

Request for the following advisory opinion is public data.

Advisory Opinion #257 - Contributions from unregistered associations to ballot committee

The Board reviewed a draft response to an advisory opinion request from Greta Hesse Gauthier, Director of the Minnesota Environmental Trust Fund Coalition ("Committee"), a political committee registered with the Ethical Practices Board who asks: 1) what requirements must be met under Minnesota Statutes, chapter 10A, for a corporation to make, and for the Committee to accept, a contribution of more than $100; 2) what are the Minnesota Statutes, chapter 10A, requirements for an unregistered association other than a corporation to make a contribution of more than $100 to the Committee; 3) what must be disclosed in a statement given with a contribution by an unregistered association under Minn. Stat. § 10A.22, subd. 7, and what time period must the disclosure statement cover; 4) is there any difference in the requirements if the unregistered association makes its contribution by means of a donation in-kind; 5) is there a limit to the number of times an unregistered association may make a contribution to a single committee using the Minn. Stat. § 10A.22, subd. 7, disclosure statement procedure; 6) may a political subdivision, including a local unit of government, make a contribution to the Committee, and may the Committee accept that contribution; and 7) if a member of the coalition which formed the Committee makes the Committee's ballot question one of its own priorities and has its own paid lobbyist undertake lobbying activities in support of the question, would those activities constitute a donation in-kind to the Committee?

Board members discussed and agreed to certain changes to the draft opinion.

Mr. Slocum's MOTION: To approve Advisory Opinion #257 as amended in discussion.

Vote on MOTION: Unanimously passed by four members (Wilson abstained).

SUMMARY: ADVISORY OPINION #257 signed by Chair Carolyn Rodriguez, January 24, 1997: A corporation may make a contribution directly to a ballot question committee; an unregistered association other than a corporation must either register a political fund with the Board or provide a disclosure statement in lieu of registration in order to make the contribution. A lobbyist's activities in promoting the issues of the association the lobbyist is registered for and represents does not constitute a donation in-kind to a political committee merely because the committee and the association support the same issues or because the association was involved in establishing the political committee.

LEGAL COUNSEL'S REPORT

Board members reviewed a memo from Counsel Gretz outlining the status of cases which have been turned over to the Attorney General's office (see memo attached).

Counsel Gretz noted that the six year statute of limitations in the matter of the Minnesota DFL State Central Committee and the (William) Luther Volunteer Committee will expire at the end of January. Counsel Gretz requests Board direction in pursuing this matter. The Board directed Counsel Gretz to go forward with the case.

Counsel Gretz requests Board direction on whether to invest in a "skip trace" to attempt to locate Edmund C. Hanson, treasurer, Political Education Fund of Local 21 for service of a complaint.

Mr. Anderson's MOTION: To authorize Counsel Gretz to invest in a "skip trace" to attempt to locate Edmund Hanson.

Mr. Anderson withdrew his MOTION.

Mr. Anderson's MOTION: To lay over discussion of this matter to the February 28th meeting and direct staff to research the matter and report back to the Board.

Vote on MOTION: Unanimously passed.

LEGISLATIVE RECOMMENDATIONS AND RULES COMMITTEE

1997 Legislative Recommendations Committee Report (see September 20th, October 25th, and November 1st minutes)

Committee Chair Owens Hayes reported that the committee was submitting an additional recommendation at the request of the Attorney General's office.

Board members reviewed and discussed the draft 1997 recommendations for legislature.

Mr. Anderson's MOTION: To include the proposed legislative recommendation from the Attorney General's office and adopt the legislative recommendations as drafted.

Vote on MOTION: Unanimously passed (see copy attached).

Ms. Owens Hayes noted that she was pleased with the level of interest and input from outside sources. Chair Rodriguez thanked the committee and Chair Owens Hayes for their efforts. Meetings will be scheduled with the legislative leadership to present the recommendations.

Rules Status (see July 26th, August 23rd, and September 20th minutes)

A draft of the formal rules proposal for publication in the State Register was available for Board review.

Correspondence - A letter from Mel Duncan, Executive Director of Minnesota Alliance for Progressive Action, and Ellen Weiss, Research Director, Minnesota Alliance for Progressive Action, about public participation in the legislative recommendation process was available for Board review.

MATTERS BROUGHT FORWARD FROM EXECUTIVE SESSION

Complaint of George Marshall regarding Robert Bergman and Kathryn Keena

Robert Bergman

The Board found that there is no probable cause to believe that Robert Bergman violated Minnesota Statutes, Chapter 10A when he made a $500 contribution to the Kathryn Keena for Judge Committee. The complaint of Judge George Marshall regarding Robert Bergman is dismissed in all respects. The record in this matter and all correspondence are hereby entered into the public record (see findings attached).

Kathryn Keena

The Board found that there is no probable cause to believe that a reporting violation of Minnesota Statutes, Chapter 10A exists. The complaint of Judge George Marshall regarding Kathryn Keena is dismissed in all respects. The record in this matter and all correspondence are hereby entered into the public record (see findings attached).

Filing of a false statement of Affidavit of Contributions

Kathy Harris, Volunteer Committee to Elect Kathy Harris, #13635 65A - Kathryn Harris, candidate for the House of Representative in District 65A, signed an Affidavit of Contributions attesting that her principal campaign committee raised $1,500 in contributions, reflecting only the first $50 received from individuals eligible to vote in Minnesota. The Committee disclosed on its Reports of Receipts and Expenditures, for the periods covering January 1 through August 27, 1996, and January 1 through October 21, 1996, a total of $200 in contributions from individuals. No public subsidy funds were paid to the committee. The committee has terminated it's registration with the Board. Staff was directed to write a letter informing Kathy Harris of the criminal penalties associated with signing a false statement under oath and enter the matter into public record (see letter attached).

Reconsideration of Findings in the Matter of (Stephen) Khalar Volunteer Committee (see November 22nd minutes)

The Board found that there is probable cause to believe that the Khalar Volunteer Committee violated Minn. Stat. §10A.065 by accepting a $50 contribution from the Minnesota Licensed Beverage Association PAC, a political fund, during the regular session of the Legislature in 1996. In lieu of forwarding the above public findings of probable cause to the county attorney in Ramsey County to pursue a judgment in district court, the Board imposes a civil fine of $50 on the Khalar Volunteer Committee for acceptance of a contribution during the regular session of the Legislature in 1996. These findings and order replace the findings and order issued in this matter on November 22, 1996. The record in this matter and all correspondence are hereby entered into the public record (see findings attached).

ADJOURNMENT

Meeting adjourned.

Respectfully submitted,

Nancy Wilson, Secretary

(Minutes by staff)

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