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Home > Meetings > November 30, 2011

November 30, 2011 Commission Meeting

Click the title of an agenda item below to view a pdf file of the meeting materials relating to that item.

Agenda
Meeting of November 30, 2011, at 9:00 a.m.
Commission Office, 45 Memorial Circle, 2nd Floor, Augusta, Maine

 

1. Ratification of Minutes of the October 28, 2011 Meeting

2. Complaint by Rep. Donald E. Pilon concerning Office of Rep. Linda M. Valentino
Rep. Donald E. Pilon has filed a complaint with the Ethics Commission concerning an office in downtown Saco opened by Rep. Linda M. Valentino. The office is in Rep. Pilon’s district, rather than Rep. Valentino’s district. Rep. Pilon suggests that the office should be viewed as a campaign office, rather than an office opened for the purpose of providing services to her constituents.

Additional Materials (posted 11/30/2011)

3. Audit of Rep. David Richard Burns/Recommended Referral to the Attorney General
In 2010, David Richard Burns (Alfred) ran as a Maine Clean Election Act (MCEA) candidate and was elected as the State Representative for House District 138. He was selected for an audit through the Commission auditor’s random selection process. Rep. Burns was authorized to spend $9,066 in MCEA funds for the 2010 election cycle. The audit determined that Rep. Burns spent at least $2,500 of public funds for personal purposes and that expenditures totaling at least $1,295 were falsely reported in his campaign finance reports. In responding to the auditor’s request for documentation, Rep. Burns submitted cash register receipts that he later voluntarily admitted were fabricated. Staff recommendation: the Commission staff recommends that the results of the audit be referred to the Office of the Maine Attorney General for consideration whether to initiate a criminal investigation; that the Commission make findings of violations; and that the Commission defer requiring the return of funds or the assessment of civil penalties pending a decision from the Attorney General to investigate or the conclusion of a criminal prosecution on matters arising out of the audit.

Additional Materials (posted 11/23/2011)

Additional Materials (posted 11/28/2011)

4. Audit of Sen. Michael D. Thibodeau
In 2010, State Representative Michael D. Thibodeau ran for State Senate as a Maine Clean Election Act candidate. During a random audit of his campaign, his treasurer submitted a log of his campaign travel. The log was requested because the campaign reimbursed the candidate a total of $816.47 for his vehicle travel. The log did not include the destination or purpose of the campaign trips, as required by the Commission’s rule. The audit disclosed no other violations. At the October 28, 2011 meeting, the Commission requested that the candidate provide additional information concerning how the travel was recorded. The candidate has submitted an affidavit. Staff recommendation: the staff recommends the assessment of a $100 penalty for the violation of the Commission’s rules to underscore the importance of this record-keeping requirement.

Additional Materials (posted 11/29/2011)

5. Audit of Former Rep. Sean Flaherty
Former State Representative Sean Flaherty was running for re-election in 2010 as a Maine Clean Election Act (MCEA) candidate. He was randomly selected for an audit. The only finding in the audit was that the candidate commingled $216.29 of personal funds with his MCEA funds. The audit did not indicate any misuse of MCEA funds or impermissible in-kind contribution to the campaign. Staff recommendation: the staff recommends finding that the candidate violated 21-A M.R.S.A. § 1125(7-A) and assessing a penalty of $100 for the violation.

Additional Materials (posted 11/23/2011)

Other Business

EXECUTIVE SESSION
If necessary.

ADJOURNMENT