January 27, 2011 Commission Meeting
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meeting materials relating to that item.
Meeting of January 27, 2011, at 11:00 a.m.
Commission Office, 45 Memorial Circle, 2nd Floor, Augusta, Maine
1. Ratification of Minutes of the October 26, 2010 Meeting
2. Reviewing Staff Determination/Cutler Files Website
At the December 20, 2010 meeting, the Commissioners found Dennis Bailey in violation of 21-A M.R.S.A. §§ 1014(2) and (2-A) for not including required information on the Cutler Files website, and assessed a $200 penalty against him. The Commission will review a draft written determination that includes findings of fact.
3. Request for Waiver of Late-Filing Penalty/American Cancer Society
During 2010, Megan Hannon worked as the Director of Government Affairs and Advocacy for the American Cancer Society. She was registered with the Commission as a lobbyist. She resigned from her position in June 2010 and terminated her 2010 lobbyist registration. The association did not realize that it was required to file an annual report by December 30, 2010. The American Cancer Society requests a waiver of the $200 preliminary penalty. Staff recommendation: the Commission staff recommends granting a partial waiver and assessing a penalty of $100.
4. Request for Waiver of Late-Filing Penalty/Lewiston Democratic City Committee
The Lewiston Democratic City Committee was required to file a campaign finance report on October 22, 2010 (11 days before the general election). The committee filed the report seven days late on October 29, 2010. The amount of the preliminary penalty was $119.14, based on the formula in the statute. The committee’s treasurer, Andrea Jermain, requests a waiver of the late-filing penalty because she was not informed by other committee members of the duty to file a campaign finance report. Staff recommendation: the Commission staff recommends declining the waiver request and assessing a penalty of $119.14 against the committee.
5. Request by Joseph Baiungo Concerning Leadership Political Action Committees
Joseph Baiungo wishes to discuss with the Commissioners the issue of political action committees formed by Maine Clean Election Act candidates.
6. 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 will present proposals for statutory changes for consideration by the Commissioners.
7. Report from Commission Auditor
The Commission’s auditor will present the first two audits of 2010 Maine Clean Election Act candidates in the general election, Representatives Denise Harlow and Adam Goode. No violations were found in the audits. The Commission’s auditor will also summarize his compliance reviews of campaign finance reports filed by Maine Clean Election Act and traditionally financed candidates.
8. Exceeding Spending Limitations for MCEA Candidates/Brian Hale
The campaign of Brian Hale inadvertently spent more than was permitted under the Maine Clean Election Act program, because the candidate did not tell his treasurer of two purchases he made in July and August 2010. Staff recommendation: the Commission staff recommends that the Commission find the campaign in violation of 21-A M.R.S.A. § 1125(6) and assess a civil penalty of $50.
9. Exceeding Spending Limitations for MCEA Candidates /Sen. Roger Katz
The campaign of Sen. Roger Katz inadvertently spent more than was permitted under the Maine Clean Election Act program, because his campaign did not receive an invoice from a printing company for signs ordered by a campaign volunteer. Staff recommendation: the Commission staff recommends that the Commission find the campaign in violation of 21-A M.R.S.A. § 1125(6) and assess a civil penalty of $50.
10. Update on Republican State Leadership Committee
The Commission’s Executive Director will update the Commission on the status of the enforcement matter concerning the Republican State Leadership Committee. It is expected to be scheduled for the Commission’s meeting on February 17, 2011.