October 30, 2007 Commission Meeting
Click the title of an agenda item below to obtain a pdf file of the
meeting materials relating to that item. The agenda
(2 pages) and materials
for all agenda items (138 pages) are also available as pdf files.
1. Ratification of Minutes
of the September 21, 2007 Meeting
2. Audit of 2006
Candidate Pat LaMarche
Pat LaMarche was the 2006 Green Independent nominee for Governor.
All 2006 gubernatorial candidates who participated in the Maine Clean
Election Act were audited after the 2006 general election. The audit
found that the campaign was compliant overall, but did not obtain and
keep records for some of the campaign's expenditures and there were
some minor discrepancies in the campaign's reporting. Staff recommendation:
the staff recommends finding the campaign in violation of 21-A M.R.S.A.
§§ 1125(12) and (12-A) for not obtaining and keeping required vendor
invoices and for not accurately reporting expenditures. The staff also
recommends assessing civil penalties totaling $400 and directing the
candidate to take other actions described in the audit report.
3. Audit of 2006
Candidate John W. Churchill
Rep. John W. Churchill was a Maine Clean Election Act candidate
for re-election to the Maine House of Representatives in the 2006 elections.
He was randomly selected for an audit. Staff recommendation: the
staff recommends that the Commission find the candidate in violation
of 21-A M.R.S.A. §§ 1125(6) and (12-A) for spending $119.27 other than
Maine Clean Election Act funds to promote his election and for not obtaining
a vendor invoice and proof of payment for some of his expenditures.
The staff recommends against assessing a financial penalty for the violations.
4. Presentation of
Audit Reports for Rep. Boyd Marley and Sheila Rollins
The Commission's auditor will present audit reports for two 2006
legislative candidates. Both audits recommend minor findings of violation
for incomplete expenditure documentation and assessing no monetary penalties.
5. Guidance on Executive
The Commission will consider proposed written guidance to lobbyists
on a new requirement that lobbyists report communications with the officials
in the executive branch and constitutional officers made for the purpose
of influencing legislation.
6. Request by Perry
The staff reports to the Commission regarding an inquiry filed by
Brunswick resident Perry A. Lamb regarding what he believes is a misinterpretation
of the Maine Local Highway Law. The Commission's counsel and director
have informed Mr. Lamb that they do not believe the Commission has jurisdiction
over this matter. Staff recommendation: the staff does not believe
any Commission action is necessary in this matter.
of Legislative Ethics Complaints
As part of a legislative review of exceptions to the Freedom of
Access Law, the Right to Know Advisory Committee has asked the Ethics
Commission whether it supports continuing the statutory requirement
that complaints about legislative ethics filed with the Commission be
8. Initiation of
The staff proposes that the Commission conduct a rulemaking pursuant
to the State Administrative Procedure Act (5 M.R.S.A. §§ 8051, et
seq.) to amend its rules.
9. Selection of Meeting Date
The staff recommends that the Commission choose a date for the next
meeting of the Commission after the Thanksgiving holiday so that the
Commission can hold a public hearing on proposed rules amendments.
for Seed Money Waiver by Kate Smith