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STATE OF MINNESOTA CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD by hubeybrown

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									                              STATE OF MINNESOTA
                 CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
                                    .........
                             Tuesday, August 19, 2008
                                    .........
                                    Room 220
                             Minnesota Judicial Center
                                    .........


                                           MINUTES

Meeting was called to order by Chair Wehrwein.

Members present: Ashmore, Bettermann, Boyd, Wehrwein

Others present: Goldsmith, Sigurdson, Swanson, Larson, staff; Huwe, counsel

Mr. Milbert informed staff that he would be unable to attend the meeting.

MINUTES (July 22, 2008)

Ms. Bettermann’s MOTION:             To approve the July 22, 2008, minutes as drafted.

Vote on MOTION:       Unanimously passed.

CHAIR’S REPORT

•   Board Meeting Schedule

Next meeting is scheduled for September 16, 2008.

•   Board Member Appointment

Mr. Goldsmith reported that the Governor has not issued a Notice of Appointment for the vacant
Board position.

•   Board Development and Planning Session

Mr. Goldsmith told Board members that the Irvine Room, in the Minnesota History Center has
been reserved for the Board development and planning session on September 15th from 8:00
a.m. to 12 noon.

Board members reviewed and discussed a draft agenda.
Page 2
Minutes
August 19, 2008


EXECUTIVE DIRECTOR'S REPORT

Staff Activities

       Educational Sessions:
        Date       Subject                                   Trainers                  Attendees
        July 22    Compliance Training                       Jeff Sigurdson                27
        July 22    Campaign Finance Reporter                 Gary Goldsmith                13
                   Software Training – evening session
        July 30    Campaign Finance for Judicial             Gary Goldsmith                  35
                   Candidates – Continuing Legal             presented the section
                   Education                                 on Chapter 10A
        July 31    Compliance Training – ASL                 Jeff Sigurdson                  3
                   Interpreted
        July 25    CFR Software Training                     Gary Goldsmith                  4
        Aug. 4     CFR Software Training – ASL               Gary Goldsmith                  3
                   Interpreted
        Aug. 6     Compliance Training                       Jeff Sigurdson                  7
        Aug 11     CFR Software Graining                     Gary Goldsmith                  9

Board Operations

       ITS-2 Position
       Advertisements to fill the newly created Information Technology Specialist II position were
       in the Star Tribune and the Pioneer Press on Sunday, August 10th. The job is also posted
       on the Board’s web site, the State’s employment web system and the announcement will
       be sent to the Board’s interested persons distribution lists. The deadline for applications is
       August 29th and we hope to fill the position by October 1st.

       IVR System
       As part of the staff restructuring, the front desk position was eliminated. Staff has
       implemented an interactive voice response system by which callers can be routed directly
       to the person or program area they want.

       Report Mailing
       New Bulletins and supplemental material were prepared and modifications to report forms
       were completed. Report packets were mailed as follows:

        Committee Type                             Full Report Packets       Electronic Filer Notice
        Principal Campaign Committee
                                                             228                        98
        (Candidates)
        Political Committees and Funds                       332                        65
        Party Units                                          278                        60
Page 3
Minutes
August 19, 2008



Executive Director’s Briefing

       Priorities Spreadsheet

       An updated priorities spreadsheet was available for Board members.

       Biennial Budget

       The biennial budget process is beginning. Agency description statements are due by the
       end of August.

       Mr. Goldsmith met with the Governor’s Chief of Staff and Legislative Liaison on July 23rd
       to outline the deficiency problem the agency will face in FY 10-11. Matt Kramer, Chief of
       Staff, had only good things to say about Board operations. They were receptive and
       advised us to put our increase requests into our budget, but, of course, they made no
       promises.

       We have concluded that we will not ask for any deficiency budget item in FY 08 since the
       deficiency would cover re-filling our ninth staff position and if we do not get a base increase
       for FY 10-11, we would have to terminate the position at that time anyway. Thus, the
       better approach is to keep the position open until we know whether we will have adequate
       funding to support it for at least a biennium.

       Board Guidance to Clients

       Many questions have arisen as the result of the arts and environment constitutional
       amendment that will be on the general election ballot. Staff has been able to answer most
       of these questions based on the language of the statute and previous Board statements in
       Advisory Opinions. However, clarification in the form of a Board Statement of Guidance
       would be beneficial.

       Board members reviewed a draft statement.

Ms. Boyd’s MOTION: To approve the Board Statement of Guidance as drafted.

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

FINANCIAL STATEMENT AND AGENCY DEPOSITS

Mr. Sigurdson submitted a final report for fiscal year 2008, covering July 2007 through June
2008, and the first report for fiscal year 2009 covering the month of July.
Page 4
Minutes
August 19, 2008


ENFORCEMENT REPORT

                                      Consent Items

Board Action:       Confirmation of the administrative termination for the following lobbyist at
                    the request of the Lobbyist Associations.

                    Albert Garcia representing Base Management, FRM Associates, and
                    NRG Energy Inc. dba Minneapolis Energy Center. Mr. Garcia did not file
                    Lobbyist Disbursement Reports due January 15 or June 16, 2008.

                    Mr. Garcia is the only registered lobbyist for Base Management and FRM
                    Associates. A Base Management affiliate, RSX, LLC paid Mr. Garcia for
                    lobbying activities in 2007. Mr. Garcia has not represented them since
                    November 2007. FRM Associates did not pay Mr. Garcia for lobbying in
                    2007 or 2008. Eugene Rerat of Base Management and FRM Associates
                    requested that Mr. Garcia’s lobbyist registration be terminated.

                    In a letter received on July 18, 2008, Tom Davison of NRG Energy Center
                    Minneapolis stated that Mr. Garcia has not been paid for lobbying
                    services since 2005.

                    The terminations would be effective June 1, 2008.

Board Action:       Authorization to grant an extension to file an amended Report of Receipts
                    and Expenditures.

                    Republican Party of Minnesota - In a letter dated August 11, 2008,
                    Darren Bearson, executive director, Republican Party of Minnesota,
                    responded to a letter from staff regarding a cash balance discrepancy for
                    the 2007 Report of Receipts and Expenditures. Mr. Bearson requested
                    that the committee be given until the end of September to file the
                    amendments.

Ms. Ashmore’s MOTION:      To authorize the action specified in the consent items.

Vote on MOTION:     Unanimously passed.

                                     Discussion Items

Waiver Request

•   2007 Report of Receipts and Expenditures, due January 31, 2008
Page 5
Minutes
August 19, 2008


Margie Hoyt, Hoyt for People, $100 late filing fee, $1,000 civil penalty - In a letter dated July 29,
2008, Ms. Hoyt stated that the 2007 Report of Receipts and Expenditures was not filed on time
due to family health care issues. The committee registered August 2, 2006, and Ms. Hoyt filed
an affidavit of candidacy for a senate seat in 2006. The committees ending cash balance in
2006 was $137.88. Ms. Hoyt filed a report on July 14, 2008, stating the only activity for her
committee was bank fees which depleted the funds of her committee account. A termination
statement was filed July 14, 2008.

Ms. Boyd’s MOTION:             To approve Ms. Hoyt’s request and waive the late filing fee and
                               civil penalty.

Vote on MOTION:        Unanimously passed.

                                       Informational Items

Payment of Late Filing Fees

•   2007 Report of Receipts and Expenditures due January 31, 2008

Libertarian Party of Minnesota, $100
Southeast Minnesota Young Republicans, $100

•   2007 Report of Receipts and Expenditures response to reconciliation audit

Putting Minnesota First, $65
Take Action PAC, $65

•   Lobbyist Disbursement Report due June 16, 2008

Patrick Rosenstiel, Americans for Technology Leadership, $5
Sally Sawyer, Minnesota League of Women Voters, $100

Payment of Civil Penalty

•   Lobbyist Disbursement Report due June 16, 2008

Sally Sawyer, Minnesota League of Women Voters, $100

•   Contribution from an unregistered association

St. Paul Area Chamber of Commerce, $500
Page 6
Minutes
August 19, 2008


Deposits to the State Elections Campaign Fund

•   Anonymous contributions

Ron Erhardt Volunteer Committee, anonymous contribution, $40
Paul Marquart Volunteer Committee, anonymous contribution, $50

LEGAL COUNSEL’S REPORT

Board members reviewed a memo from Counsel Huwe outlining the status of cases that have
been turned over to the Attorney General’s office (see copy of memo attached).

OTHER BUSINESS

Mr. Goldsmith had copies of the William Mitchell Law Review booklet on Election Law and
Indian tribes written by Mr. Goldsmith.

REPORT FROM EXECUTIVE SESSION

•   Findings and Orders issued

In the matter of the investigation regarding William Wagner - The Board found no probable
cause to believe that Mr. Wagner was required to register a principal campaign committee with
the Board at the time that Mr. Wagner purchased campaign signs referenced in the complaint.
Mr. Wagner registered a principal campaign committee with the Board within 10 business days
of becoming aware of the requirement to register. 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).

In the matter of the investigation regarding the Mille Lac Band of Ojibwe – The Board
found probable cause to believe that the Mille Lacs Band of Ojibwe, an association not
registered with the Board, contributed to the 8th Congressional District DFL political party unit
without providing the disclosure required in Minnesota Statutes, Section 10A.27, subdivision 13.
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).

In the matter of the investigation regarding the 8th Congressional DFL Committee – The
Board found probable cause to believe that the 8th Congressional District DFL Committee
violated Minnesota Statutes, section 10A.27, subdivision 13, when it accepted a contribution in
excess of $100 from the Mille Lacs Band of Ojibwe, an association not registered with the
Board, without receiving the required disclosure. 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).
Page 7
Minutes
August 19, 2008


In the matter of the investigation regarding the Minnesota Association of Deaf Citizens,
Inc - There is probable cause to believe that the MADC Political Fund (formerly know as the
Minnesota Association of Deaf Citizens, Inc. a political committee): 1) failed to establish a
separate bank account at the time of registration, and 2) commingled funds with the funds of the
Minnesota Association of Deaf Citizens, Inc., in violation of Minnesota Statutes, Section 10A.12,
subdivision 2. 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).

Respectfully submitted,




Gary Goldsmith
Executive Director

Attachment (6)

								
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