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Commission Actions
Meeting of December 20, 2010, 9:00 a.m.
45 Memorial Circle, Augusta, Maine

Present: Walter F. McKee, Esq., Chair; André G. Duchette, Esq.; Hon. Edward M. Youngblood; Margaret E. Matheson, Esq., Michael T. Healy, Esq.

1. Ratification of Minutes of the October 20 and November 30, 2010 Meetings

Motion: To adopt the minutes as written.
Made by: Ms. Matheson
Seconded by: Mr. Duchette
Vote: 5-0 (motion passed)

 

2. Preliminary Consideration of Statute Changes Proposed by Staff
Under 1 M.R.S.A. § 1009, the Ethics Commission may submit a bill to the Legislature by February 2, 2011. The staff presented preliminary proposals for statutory changes to the Commissioners. Following the December 20 meeting, the staff will conduct outreach to interested persons and will submit a final proposal at the Commission’s January 27, 2011 meeting.

No action needed.

 

3. Initiation of Rule-Making
The Commission staff had intended to present suggested amendments to the Commission’s rules. However, it was decided to present revised proposed amendments to the Commission at the January 27, 2011 meeting.

No action needed.

 

4. Investigation of Cutler Files Website (partially discussed in executive session)
The Commission heard statements from the attorneys for the individuals responsible for the Cutler Files website and for the Eliot Cutler campaign.  The Commission decided whether to take action on a complaint filed by the Cutler campaign alleging a violation of the disclaimer requirement and other statutes.

Motion: That the Commission find with respect to John Doe I, that there was no violation of 21-A M.R.S.A. §§ 1014 or 1019-B; and with respect to John Doe II, that there was no violation of 21-A M.R.S.A. § 1019-B, but that the Commission find a violation of 21-A M.R.S.A. § 1014(2) based on the information provided in the investigative report.
Made by: Mr. McKee
Seconded by: Mr. Healy

Amended motion: That the Commission find with respect to John Doe I, that there was no violation of 21-A M.R.S.A. §§ 1014 or 1019-B; and with respect to John Doe II, that there was no violation of 21-A M.R.S.A. § 1019-B, but that the Commission find a violation of 21-A M.R.S.A. § 1014(2) and (2-A) based on the information provided in the investigative report.
Made by: Mr. Healy
Seconded by: Ms. Matheson
Vote: 5-0 (motion passed)

Motion: That the Commission take enforcement action with respect to John Doe II.
Made by: Mr. McKee
Seconded by: Mr. Healy
Vote: 5-0 (motion passed)

Motion: That the Commission assess a civil penalty of $200 against John Doe II.
Made by: Mr. Healy
Seconded by: Mr. Youngblood
Vote: 5-0 (motion passed)

Motion: That the Commission find that the statements made on the website misrepresented the name and address of John Doe II.
Made by: Mr. Healy
Seconded by: Mr. McKee
Vote: 2-3 (motion failed)
Yeas: Mr. Duchette, Mr. Healy
Nays: Mr. Youngblood, Mr. McKee, Ms. Matheson

 

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