May 28, 2009 Commission Meeting
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meeting materials relating to that item. This agenda is also available as a pdf file.
Meeting of May 28, 2009
9:00 a.m., Public Utilities Commission Hearing Room,
242 State Street, Augusta, Maine
1. Ratification of Minutes of the March 26, 2009 Meeting
2. Request by Deborah Hutton for Investigation of Maine Leads
Former State Representative Deborah Hutton requests that the Ethics Commission conduct an investigation into whether Maine Leads qualifies as a political action committee (PAC), based on funding it provided to three PACs to promote citizen initiatives. Maine Leads has responded that there is no evidence to suggest that it has violated campaign finance laws.
3. Misuse of Maine Clean Election Act Funds/Dana Kadey
Dana Kadey was a Maine Clean Election Act candidate for State Senate in the 2006 and 2008 elections. The Commission staff completed its review of his campaigns. While many of the goods and services purchased were appropriate, the staff identified some purchases that appeared primarily personal in nature and had only a tenuous relationship to the campaigns. Also, the 2006 campaign did not sell certain goods after the election for fair market value, and return the proceeds to the state. Staff recommendation: the staff recommends finding that Mr. Kadey violated the Maine Clean Election Act by using public funds for personal purposes and for failing to adequately report his expenditures. The staff recommends assessing a civil penalty of $500.
4. Failure to File Reports/Androscoggin Republican County Committee
The Androscoggin Republican County Committee was required to file three campaign finance reports due July 15, 2008, October 24, 2008, and July 15, 2009 because it raised and spent more than $1,500 in early 2008. The Commission staff has had several communications with the Chair of the committee, Scott Lansley, regarding the missing reports. He has stated several times that he would file the reports in lieu of the treasurer, but the Commission has not received them. If the reports are filed before the meeting, the staff will withdraw the recommended penalty, and the matter will be handled as a routine late-filing. Staff recommendation: the staff recommends assessing three penalties of $500 each ($1,500 total) under 21-A M.R.S.A. § 1020-A(8-A) against the committee for the committee’s failure to file the reports.
5. Audits of 2008 Maine Clean Election Act Candidates
In late March and April, the Commission staff completed five audits of 2008 Maine Clean Election Act candidates that found no exceptions. The Commission’s new auditor, Bob Morrill, began his employment on May 11 and has resumed the audits of the candidates. The staff is hopeful that a majority of the remaining audits will be completed for the Commission’s July meeting.
6. Request by Rep. Andre Cushing regarding Lobbyist Disclosure
Rep. Andre Cushing wishes to address the Commission regarding the issue of lobbyists serving on boards and the disclosure of lobbyist activity. His concerns were raised after the Vice President of the Maine State Employees Association was appointed to the Workers’ Compensation Board.
7. Schedule for Rule-Making
The Commission staff wishes to discuss a schedule for a rule-making during the summer months to implement 2009 legislation.