April 28, 2008 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 (84 pages) are also available as pdf files.
1. Ratification of
Minutes of the March 31, 2008 Meeting
2. Request for Waiver
of Late-Filing Penalty/Cape Elizabeth Republican Cmte
When a county or town party committee raises or spends more than
$1,500 in a calendar year, it is required to file campaign finance reports
with the Ethics Commission. The Cape Elizabeth Republican Committee
was required to file a January 15, 2008 campaign finance report disclosing
its contributions and expenditures for the second half of 2007. The
report was filed 16 days late on January 31. The preliminary amount
of the late-filing penalty is $120. The current committee treasurer,
William H. Gross III, and the former treasurer, Christine Zachman, request
a waiver of the penalty because they did not understand that the report
was due and for other reasons. The Commission's records indicate that
a reminder memo was sent to the former treasurer. Staff recommendation:
the staff recommends assessing the penalty of $120.
3. Request for Waiver
of Late-Filing Penalty/Cumberland County Republican Cmte
Because it raised $3,818 during a fundraiser in August 2007, the
Cumberland County Republican Committee was required to file a campaign
finance report on January 15, 2008 disclosing the committee's contributions
and expenditures for 2007. The report was filed on April 8, 2008 after
the committee treasurer realized the report was overdue. The maximum
late-filing penalty that may be assessed against a county party committee
is $500. The committee treasurer, Brian Bicknell, requests a waiver
of the penalty due to turnover in the leadership of the committee, displacement
of the committee's records after a fire, lack of notice, and other reasons.
Staff recommendation: the staff recommends assessing the penalty
of $500.
4. Request for Waiver
of Late-Filing Penalty/Lobbyist Juliana L'Heureux
Juliana L'Heureux was hired as the Executive Director of the Maine
Association of Mental Health Providers on March 10, 2008. She registered
as a lobbyist for the association on March 19. She has not worked previously
as a lobbyist. She did not realize that she was required to file a
report on April 15, 2008 covering her lobbying activity during the month
of March. The report was filed three days late on April 18. The preliminary
penalty amount is $100. Ms. L'Heureux requests a waiver because she
misunderstood the requirements as a new lobbyist. Staff recommendation:
the staff recommends assessing a reduced penalty of $50.
5. Referral of Civil
Penalty to State Attorney General/Alvin Schulman
Alvin Schulman was a candidate for Portland City Council in 2005.
After he did not file his post-election campaign finance report, the
City Clerk referred the lack of reporting to the Ethics Commission.
He filed the report about three months late. At its meeting on April
28, 2006, the Commission assessed a $100 civil penalty against Mr. Schulman
for the late filing of the report. Mr. Schulman has repeatedly promised
payment after he finds employment. Staff recommendation: the staff
recommends that the Commission refer this matter to the Attorney General
for collection.
6. Assessment of
Civil Penalties/David Hughes
David Hughes was a Maine Clean Election Act (MCEA) candidate for
House District 72 in the 2007 special election, after the incumbent,
William Walcott, resigned. He received $4,287 in MCEA funds for his
campaign. He was required to file a post-election campaign finance
report and return unspent campaign funds by December 18, 2007, but did
not do so. Staff recommendation: the staff recommends assessing
penalties totaling $450 for violations of the Maine Clean Election Act.
7. Policy on Paying
Campaign Funds to Family Members
In the 2008 session, the Maine Legislature enacted two laws (Chapters
567 and 571) relating to candidates who pay campaign funds to member
of the candidate's family or household. One of the laws imposes restrictions
on when Maine Clean Election Act candidates can pay household members
and requires the Commission to establish procedures for the candidate
to submit evidence proving the expenditure is permissible. The staff
will propose procedures for consideration by the Commission.
Other Business
EXECUTIVE SESSION
If necessary.
ADJOURNMENT
