ALEC violated Minnesota campaign board ruling

[highplainsdem]

From the Minnesota Independent:

-snip-

On March 4, 2011, ALEC hosted an educational event in Bandana Square in St. Paul. In attendance were state lawmakers including ALEC state chair Rep. Mary Kiffmeyer (R-Big Lake) and an ALEC task force director, who traveled there for the meeting.

The event likely violated guidelines set in a 1995 opinion (below) offered by the Ethical Practices Board, now the Minnesota Campaign Finance and Public Disclosure Board. Under the ruling, which was brought on by a similar event organized by the group at that time, ALEC was directed to register a lobbyist with Minnesota if “the issues forum and any written materials distributed include information that communicates with or urges others to communicate with officials in attempts to advocate a particular position to an official about legislative or administrative action.”

-snip-

The Minnesota Independent quotes Hamline University School of Business professor David Schultz, who pointed out that because this forum wasn't just educational -- because ALEC is seeking to influence legislation and legislators -- they're still required to register a lobbyist, which they failed to do.

Schultz weighed in on the possible outcomes of ALEC not registering a lobbyist with the state: “It looks like any event they’re going to be sponsoring in the future is going to require them to continue to be considered a lobbyist.” He added, “It could affect issues like their tax status.”

Opinions from the Campaign Finance and Public Disclosure Board are interpretations of Minnesota statutes, in this case the one governing the state’s lobbyist disclosure requirements. Board investigations of statutory violations are generally triggered by public complaints. If a violation of statute is found by the board, it could lead to a civil penalty.

-snip-

Emphasis added.

For more information on this group and the harm it does, see the long compilation topic on the American Legislative Exchange Council (ALEC).

[Kalidurga]

1. Rules are for the little people.

Of course, the GOP can gleefully point to Democrat scandals and say they should resign, but when it comes to diaper baby Vitter for example who actually broke the law they are silent or support him.

[highplainsdem]

2. As that article suggests, the people (none of them are "little people") should complain to the

campaign board, so this ALEC violation will be investigated and punished and ALEC will lose the tax-exempt status it should never have had.

I'm not sure, but I'm guessing the campaign board is most interested in complaints from Minnesotans.

I hope some Minnesota DUers see this...and I'll crosspost to that state forum.

[dflprincess]

3. Nice find

thank you!

A link to how to file a complaint with the state Ethical Practices Board

http://www.cfboard.state.mn.us/forms/HRGNOTIF.pdf

The PDF did not copy & paste all that well:

Campaign Finance &
Public Disclosure Board
Suite 190 . 658 Cedar Street . St. Paul MN 55155-1603 . 651/296-1721 . 800/657-3889 . [email protected]

For TTY/TDD communication contact us through the Minnesota Relay service at TTY 800/627-3529

Filing a Complaint

Who may file a complaint?
Any individual may file a complaint concerning alleged violations of Minn. Stat. §10A. and Minn. Rules Chapters 4501 - 4525

How do I file a complaint?
Complaint forms are available upon request from the Campaign Finance & Public Disclosure Board and from the Board’s website at www.cfboard.state.mn.us. The complaint must state the name and position or office held by the alleged violator, a description of the facts that are alleged to constitute a violation, and the name of the person filing the complaint.

What happens after a complaint is filed?
The person filing the complaint will be notified of the receipt of the complaint by the Board office.
If the matter is not within the Board’s jurisdiction or if the complaint lacks sufficient information, it will not be investigated and the person filing the complaint will be so notified.

If the complaint is within the Board’s jurisdiction, a formal investigation will begin.
Within a reasonable time after beginning an investigation, the board will notify the person or entity being investigated of the fact of the investigation. The board will not make any finding concerning probable cause without notifying the person or entity of the nature of the allegations and affording an opportunity to answer those allegations.

When will the Board hear the complaint?
Within 60 days of the filing of a complaint for an alleged violation of sections 10A.25 (expenditure limits) or 10A.27 (additional limits) the board shall either enter into a conciliation agreement or make a public finding of whether or not there is probable cause.
Within 30 days of the filing of a complaint for alleged violations of all other sections the board will make a public finding of whether or not there is probable cause to believe a violation has occurred.
The deadline for action on all complaints may be extended by a majority vote of the board. Due to the nature of formal investigations, if the deadline is extended, the person filing the complaint and the person or entity complained about will be notified.

Will the complaint be confidential?
All Board proceedings and records relating to an investigation are confidential until the Board makes a public finding or enters into a conciliation agreement. Once the investigation is complete the Board’s determination and all records relating to the investigation become public record.

This document is available in alternative formats to individuals with disabilities by calling 651/296-5148; 800/657-3889; or through the Minnesota Relay Service at 800/627-3529.

10A.02 BOARD OF CAMPAIGN FINANCE AND PUBLIC DISCLOSURE.
Subd. 11. Violations; enforcement.
(a) The board may investigate any alleged violation of this chapter. The board must investigate any violation that is alleged in a written complaint filed with the board and must within 30 days after the filing of the complaint make a public finding of whether there is probable cause to believe a violation has occurred, except that if the complaint alleges a violation of section 10A.25 or 10A.27, the board must either enter a conciliation agreement or make a public finding of whether there is probable cause, within 60 days after the filing of the complaint. The deadline for action on a written complaint may be extended by majority vote of the board.
(b) Within a reasonable time after beginning an investigation of an individual or association, the board must notify the individual or association of the fact of the investigation. The board must not make a finding of whether there is probable cause to believe a violation has occurred without notifying the individual or association of the nature of the allegations and affording an opportunity to answer those allegations.
(c) A hearing or action of the board concerning a complaint or investigation other than a finding concerning probable cause or a conciliation agreement is confidential. Until the board makes a public finding concerning probable cause or enters a conciliation agreement:
(1) a member, employee, or agent of the board must not disclose to an individual information obtained by that member, employee, or agent concerning a complaint or investigation except as required to carry out the investigation or take action in the matter as authorized by this chapter; and
(2) an individual who discloses information contrary to this subdivision is guilty of a misdemeanor.
(d) Except as provided in section 10A.28, after the board makes a public finding of probable cause the board must report that finding to the appropriate law enforcement authorities.
Subd. 11a. Data privacy. If, after making a public finding concerning probable cause or entering a conciliation agreement, the board determines that the record of the investigation contains statements, documents, or other matter that, if disclosed, would unfairly injure the reputation of an innocent individual, the board may:
(1) retain the statement, document, or other matter as a private record, as defined in section 13.02, subdivision 12, for a period of one year, after which it must be destroyed; or
(2) return the statement, document, or other matter to the individual who supplied it to the board.

[myrna minx]

4. Thank you for posting-I had no idea! K&R - Even the corrupt and politically shameless

can still be publicly shamed here - and it still carries *some* weight. :hi:

[geardaddy]

5. Kiffmeyer can't help but stink up MN.

Thanks for posting.