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Home > Meetings > October 30, 2007

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 Branch Lobbying
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 A. Lamb
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.

7. Confidentiality 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 kept confidential.

8. Initiation of Rulemaking
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.

Other Business

10.  Request for Seed Money Waiver by Kate Smith

If necessary.