Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Meetings > January 27, 2011 Actions

Commission Actions
Meeting of January 27, 2011, 11:00 a.m.
45 Memorial Circle, Augusta, Maine

Present: Walter F. McKee, Esq., Chair; André G. Duchette, Esq.; Hon. Edward M. Youngblood; Margaret E. Matheson, Esq., Michael T. Healy, Esq.

1. Ratification of Minutes of the October 26, 2010 Meeting

Motion: To adopt the minutes as written.
Made by: Ms. Matheson
Seconded by: Mr. Healy
Vote: 5-0 (motion passed)


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.

Motion: That the Commission accept the proposed amendment to the draft determination. 
Made by: Mr. Healy
Seconded by: Mr. Youngblood
Vote: 5-0 (motion passed)

Motion: That the Commission accept the draft determination and make it a final determination.
Made by: Mr. Duchette
Seconded by: Mr. Healy
Vote: 5-0 (motion passed)


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.

Motion: That the Commission accept the staff recommendation and assess a penalty of $100.
Made by: Ms. Matheson
Seconded by: Mr. Healy
Vote: 5-0 (motion passed)


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.

Motion: That the Commission accept the staff recommendation and assess a penalty of $119.14.
Made by: Ms. Matheson
Seconded by: Mr. Duchette
Vote: 5-0 (motion passed)


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.
            No action required.


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.

Motion: That the Commission accept the proposed statute changes as drafted.
Made by: Mr. Duchette
Seconded by: Mr. Youngblood
Vote: 5-0 (motion passed)


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.
            No action required.


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.

Motion: That the Commission accept the staff recommendation and assess a penalty of $50. 
Made by: Mr. Healy
Seconded by: Ms. Matheson
Vote: 5-0 (motion passed)


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.

Motion: That the Commission accept the staff recommendation and assess a penalty of $50.
Made by: Mr. Youngblood
Seconded by: Mr. Healy
Vote: 3-1 (motion passed)
Mr. Duchette voted nay. Mr. McKee recused himself from consideration of this matter.


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.
            No action required.