STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
FINDINGS IN THE MATTER OF A COMPLAINT REGARDING CAROL OVERLAND, PUBLIC
ENERGY, INC., AND PUBLIC INTERVENORS NETWORK, INC.
Procedural Background
On October 10, 2002, John Reinhardt ("Complainant"), filed a complaint with the Campaign Finance and Public Disclosure Board ("Board") alleging that Carol Overland ("Respondent") violated Minnesota Statutes, Chapter 10A.
The Complainant alleged that the Respondent's activities on behalf of Public Intervenors Network, Inc. and Public Energy, Inc. to influence administrative action by the Minnesota Public Utilities Commission ("MPUC") required the Respondent to register and report as a lobbyist to the Board.
The complaint referenced MPUC Docket Nos. E001/CN-01-1958 and E999/TL-01-961. In addition, on November 15, 2002, Mr. Reinhardt submitted an affidavit that provided more detailed information on his complaint, and supplied copies of documents submitted by Public Intervenors Network, Inc. and Public Energy, Inc. to the MPUC.
By letters dated October 11, 2002, October 25, 2002, and October 31, 2002, the Respondent was notified of the complaint and afforded an opportunity to respond. Ms. Overland responded on November 8, 2002, and November 14, 2002. In her letter dated November 14, 2002, Ms. Overland acknowledged she meets the definition of lobbyist for Public Intervenors, Inc. Ms. Overland registered with the Board as a lobbyist for Public Intervenors Network, Inc. and stated that she is preparing a lobbyist disbursement report for the period covering April 1, 2002, through June 30, 2002. Ms. Overland did not register as a lobbyist for Public Energy, Inc.
The Board in executive session considered this matter on October 23, 2002, and November 20, 2002. Both the Complainant and the Respondent presented testimony on November 20, 2002. The matter was considered based on the complaint, information obtained from the MPUC's and the Minnesota Secretary of State Office's websites, Ms. Overland's responses, documents provided by Mr. Reinhardt, and the testimony.
Based on the record before it, the Board issues the following:
1.
"Administrative
action" is defined by Minn. Stat. 10A.01, subd. 2, in part as an action by a commission
of the executive branch to adopt, amend, or repeal a rule under chapter 14.
Administrative action includes the application or administration of an adopted
rule in cases of rate setting, power plant and powerline siting, and granting
of certificates of need under section 216B.243.
2.
A
"lobbyist" is defined by Minn. Stat. 10A.01, subd. 21 (a) (1), in part as an
individual engaged for pay or other consideration, or authorized to spend money
by an association who spends more than five hours in any month or more than
$250 in any year, for the purpose of attempting to influence administrative
action by communicating or urging others to communicate with public
officials.
3.
A
"principal" is defined by Minn. Stat. 10A.01, subd. 33 (1), in part as an
association that spends more than $500 in the aggregate in any calendar year to
engage a lobbyist, compensate a lobbyist, or authorize the expenditure of money
by a lobbyist.
4.
Minn. Stat. 10A.03 requires an individual to
register with the Board within five days after meeting the definition of a
lobbyist.
5.
Public
Energy, Inc., registered with the Secretary of State's Office as a Minnesota
Corporation on November 1, 2001. Carol
Overland is listed with the Secretary of State's Office as an agent of Public
Energy, Inc.
6.
Public
Intervenors Network, Inc., registered with the Secretary of State's Office as a
non-profit organization on April 24, 2002.
The Secretary of State does not list an agent for this organization.
7.
Records
available on MPUC's web site indicate that Carol Overland provided testimony
and comments to influence the granting of certificate of need on behalf of
Public Intervenors Network, Inc., and Public Energy, Inc.
8.
The documents provided by Mr. Reinhardt indicate that Carol
Overland was involved in certificate of need proceedings on behalf of Public
Energy, Inc. as of October 31, 2001, and that Ms. Overland was involved in
certificate of need proceedings on behalf of Public Intervenors Network, Inc.
beginning on March 7, 2002.
9.
On
November 20, 2002, Ms. Overland testified that she is not paid or compensated
by Public Energy, Inc.
10.
On
November 14, 2002, Ms. Overland registered as a lobbyist for Public Intervenors
Network, Inc.
Based on the above
Statement of the Evidence, the Board makes the following:
FINDINGS CONCERNING
PROBABLE CAUSE
1. There is no probable cause to believe that as of October 31, 2001, Carol Overland meets the definition of lobbyist at Minn. Stat. 10A.01, subd. 21 (a), for Public Energy, Inc.
2. There is probable cause to believe that Carol Overland meets the definition of lobbyist at Minn. Stat. 10A.01, subd. 21 (a), for Public Intervenors Network, Inc. and thus was required by Minn. Stat. 10A.03 to register as a lobbyist with the Board.
3. There is probable cause to believe that Carol Overland is required to provide a Lobbyist Disbursement Report for the period of January 1, through June 30, 2002, for Public Intervenors Network, Inc. as required by Minn. Stat. 10A.04, subd. (1) and (2).
4. There is probable cause to believe that as of March 7, 2002, Public Intervenors Network, Inc. met the definition of lobbyist principal as defined by Minn. Stat. 10A.01, subd. 33, and will be required by Minn. Stat 10A.04, subd.6, to submit to the Board in March 2003 the Annual Report of Lobbyist Principal for calendar year 2002.
Based on the above Findings, the Board
issues the following:
The
Board directs Carol Overland to file a Lobbyist Disbursement Report for Public
Intervenors Network, Inc. for the period of January 1, through June 30,
2002. The Lobbyist Disbursement Report must be submitted to the Board
within 30 days of the date that these findings are signed by the Board Chair.
The Board directs Public Intervenors Network, Inc. to file an Annual Report of Lobbyist Principal no later than March 15, 2003 for calendar year 2002, as required by Minn. Stat 10A.04, subd. 6.
The record in this matter and all correspondence is hereby entered into the public record in accordance with Minn. Stat. 10A.02, subd. 11. Board staff shall provide copies to Mr. Reinhardt and Ms. Overland.
Dated: Nov 22, 2002 _________ _______________________________
Douglas A. Kelley, Chair
Campaign Finance and Public Disclosure Board