STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

FINDINGS REGARDING THE ST. CROIX VALLEY

CENTRAL LABOR UNION

 

 

Procedural Background

 

Campaign Finance and Public Disclosure Board ("Board") Staff review of the St. Croix Valley Central Labor Union's Report of Receipts and Expenditures for 2002 disclosed an independent expenditure made without the required Affidavit and Report of Independent Expenditures.

 

Board staff contacted Michael Madden, treasurer, St. Croix Valley Central Labor Union (#30255) regarding a possible violation of Minn. Stat. 10A.20, subd. 6a, and Minn. Stat. 10A.17, subd. 4,

 

In response, on February 21, 2003, Mr. Madden filed an Affidavit and Report of Independent Expenditures and stated, "the flyer in question was sent out without the properly listed and stipulated requirement that this communication to union members living in House District 18B is an independent expenditure without the knowledge of the McMahon campaign in any way, shape or form. I am not a willful or knowing violator in this matter."

 

 

Based on the record before it, the Board issues the following:

 

STATEMENT OF THE EVIDENCE

 

  1. The St.Croix Valley Central Labor Union voluntarily disclosed that it made an independent expenditure on behalf of a candidate without the disclosure required by Minn. Stat. 10A.17, subd. 4.

 

  1. There is no evidence to indicate that the treasurer of the St. Croix Valley Labor Union knowingly omitted the independent expenditure disclaimer from the mailing.

 

 

 

Based on the above Statement of the Evidence, the Board makes the following:

 

FINDINGS CONCERNING PROBABLE CAUSE

 

  1. There is probable cause to believe that the St. Croix Valley Central Labor Union violated Minn. Stat. 10A.17, subd. 4, by sending out a flyer on behalf of a candidate without the proper independent expenditure disclaimer.

 

2. Minn. Stat. 10A.17, subd. 5 provides that a person who knowingly violates Minn. Stat. 10A.17, subd. 4, is guilty of a gross misdemeanor and subject to a civil penalty imposed by the Board of up to $3,000.

 

 

 

 

Based on the above Findings, the Board issues the following:

 

ORDER

Having no evidence that the treasurer knowingly violated Minn. Stat. 10A.17, subd. 4, the Board imposes no penalty. The Board cautions the St. Croix Valley Central Labor Union that it should now be aware of all statutory provisions related to independent expenditures.

 

The Board investigation of this matter is hereby made a part of the public records of the Board pursuant to Minn. Stat. 10A.02, subd. 11.

 

 

 

 

Dated:   April 24, 2003                     _________________________________________

Clyde Miller, Chair

Campaign Finance and Public Disclosure Board