December 7, 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 (170 pages) are also available as pdf files.
1. Ratification of Minutes
of the October 30, 2007 Meeting
2. Public Hearing
on Rulemaking
At the October 30, 2007 meeting, the Commission approved receiving
comments on proposed amendments to the Commission rules. The Commission
will hold a public hearing to consider oral comments. No written comments
have been received to date. The deadline for written comments is December
17.
3. Maine Clean Election
Act Violation/Clyde E. Dyar
Clyde E. Dyar was a Maine Clean Election Act (MCEA) candidate in
the 2007 special election for District #83. His total campaign spending
exceeded his MCEA funding by $409.71. Staff recommendation: the
staff recommends finding Mr. Dyar in violation of 21-A M.R.S.A. § 1125(6)
for spending money other than his MCEA funds to promote his campaign,
and assessing a $50 penalty.
4. Audit of 2006
Candidate Paul Hatch
Paul Hatch was a Maine Clean Election Act candidate for the Maine
Senate in the 2006 elections. He was randomly selected for an audit.
The Commission's auditor will present the final audit report to the
Commission, which includes proposed findings of violation and penalties.
5. Audit of 2006
Candidate Pamela Hatch
Pamela Hatch was a Maine Clean Election Act candidate for the Maine
House of Representatives in the 2006 elections. She was randomly selected
for an audit. The Commission's auditor will present the final audit
report to the Commission, which includes proposed findings of violation
and penalties.
6. Request for Waiver
of Late-Filing Penalty/Gary C. Wood
Gary C. Wood is registered as a lobbyist for the City of Portland.
He was one day late filing a monthly lobbyist report due October 15,
2007. The amount of the statutory penalty is $100. He has requested
a waiver of the penalty. Staff recommendation: the staff recommends
assessing the $100 penalty.
7. Request for Waiver
of Late-Filing Penalty/Benjamin T. Collings
Benjamin T. Collings is registered as a lobbyist for the Penobscot
Nation. He was 24 minutes late filing a monthly lobbyist report due
October 15, 2007. The amount of the statutory penalty is $100. He
has requested a waiver of the penalty. The Commission has interpreted
the lobbyist reporting deadline to be 5:00 p.m., and the past policy
of the Commission staff has been not to grant a grace period. Staff
recommendation: the staff recommends assessing the $100 penalty.
8. Presentation of
Audit Reports for Robert F. Bauer and Sen. Earle L. McCormick
The Commission's auditor will present audit reports for two 2006
legislative candidates, Robert Bauer and Sen. Earle McCormick. Both
audits recommend minor findings of violation and assessing no monetary
penalties.
9. Guidance
on Reporting under 21-A M.R.S.A. § 1056-B
The staff seeks the Commission's approval on further
advice to organizations that raise or spend more than $1,500 to influence
a ballot question but do not qualify as political action committees.
On November 14, 2007, the staff distributed a notice of opportunity
to comment on the proposed guidance. One set of comments was received.
10. Proposed Annual
Disclosure Statement for Commission Members
At the October 30, 2007 meeting, the Commission directed the staff
to develop a proposed policy for the Commission's consideration under
which members would file an annual statement disclosing the member's
affiliations or political activities which might be deemed a conflict
of interest. On November 15, the staff distributed a notice of opportunity
to comment on the draft policy and disclosure statement. One set of
comments was submitted.
11. Presentation
of Audit Summary Report
The Commission's auditor has prepared a summary report of the 2006
program of auditing Maine Clean Election Act candidates.
12. Report to Oversight
Committee on Legislative Ethics
Resolve, Chapter 81 of the Public Laws of 2007 directed the Commission's
executive director to submit a report to the Joint Standing Committee
on Legal and Veterans Affairs on legislative ethics complaints. The
Commission director seeks the Commission's approval on a draft report
and proposed legislation.
13. Scheduling Meetings
The Commission will discuss whether to schedule meetings for January
through April.
Other Business
EXECUTIVE SESSION
If necessary.
ADJOURNMENT
