On September 18, 2000, Alan Weinblatt, on behalf of the Volunteers for Betty Folliard Committee ("Complainant") filed a complaint with the Campaign Finance and Public Disclosure Board ("Board") alleging that the (Sue) McCarville Friends & Neighbors Committee ("Committee"), failed to disclose expenditures made prior to August 21, 2000, on its Report of Receipts and Expenditures ("Report") covering January 1, through August 21, 2000, as required under Minn. Stat. 10A.20, subd. 3 (g).

The Complainant alleges that the Committee distributed campaign material prior to August 21, 2000, and placed lawn signs no later than August 28, 2000, and that the Report filed by the Committee does not disclose any disbursements for the reporting period. The Complainant also states that the Report disclosed receipt of in kind contributions totaling $150, but did not show corresponding in kind disbursements. The evidence submitted by the Complainant consists of a copy of the Committee’s Report and a piece of literature distributed by the Committee.

Barry Kelner, treasurer for the Committee, responded by letter dated September 28, 2000, and stated that the Committee did have unpaid obligations as of August 21, 2000. He also stated that he was not aware of a printing bill owed by the Committee until early in September, and because it was invoiced on August 22, 2000, did not think it had to be included on the Committee’s Report. An amended Report was included with the response disclosing the unpaid obligations. The amended Report also changed the total in kind contributions to $150 and to show in kind campaign expenditures totaling $150.

This Board considered the matter in executive session on October 17, 2000. No one appeared on behalf of either party.

1. The McCarville Friends and Neighbors Committee is a principal campaign committee registered with the Board.

2. On its Report filed August 28, 2000, The Committee disclosed in kind contributions received totaling $156 and did not disclose any expenditures or disbursements.

3. Minn. Stat. 10A.20 requires that all expenditures and disbursements made during the reporting period be disclosed on a committee’s report of receipts and expenditures for the filing period. Expenditures are considered made at the time the obligation to pay the debt occurs, and in kind contributions are considered expended during the same reporting period that the in kind contribution is received.

4. On September 29, 2000, the Committee filed an amended Report, which amends the in kind contributions to total $150 for campaign shirts. The amended Report also discloses unpaid campaign expenditures totaling $3,676.36 and the corresponding in kind campaign expenditure for $150.

 

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

FINDINGS CONCERNING PROBABLE CAUSE

There is no probable cause to believe that the McCarville Friends & Neighbors Committee continues to violate the reporting requirements of Minnesota Statutes Chapter 10A.

The complaint regarding the McCarville Friends & Neighbors Committee is dismissed and the record in this matter is hereby entered into the public record in accordance with Minn. Stat. 10A.02, subd. 11.

Dated:  October 17, 2000

Will Fluegel, chair

Campaign Finance and Public Disclosure Board