OAH 8-0325-20952-CV

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

Lisa Belak,

Complainant,

vs.

Eva Ng and Treasurer, Eva for Mayor Campaign Committee (Roger Maulik),

Respondents.

NOTICE OF DETERMINATION OF PRIMA FACIE VIOLATION

AND

NOTICE OF AND ORDER FOR EVIDENTIARY HEARING

TO: Lisa Belak (Complainant) and Eva Ng and Treasurer, Eva for Mayor Campaign Committee (Respondents).

On November 6, 2009, Lisa Belak filed a campaign complaint with the Office of Administrative Hearings alleging that Eva Eng and the Treasurer of Eva for Mayor Campaign Committee violated Minnesota Statutes §§ 211A.02 and 211A.06 by failing to file accurate and complete campaign financial reports relating to Ms. Eng’s November 2009 campaign for mayor of the city of St. Paul.

Following a review of the Complaint and attached documents, the undersigned Administrative Law Judge has determined that the Complaint sets forth prima facie violations of Minnesota Statutes §§ 211A.02 and 211A.06. This determination is described in more detail in the attached Memorandum.

THEREFORE, IT IS HEREBY ORDERED AND NOTICE IS HEREBY GIVEN that this matter will be scheduled for a prehearing conference and an evidentiary hearing, to be held at the Office of Administrative Hearings, 600 North Robert Street, St. Paul, Minnesota 55101.

Pursuant to Minn. Stat. § 211B.35, the evidentiary hearing must be held within 90 days of the date the complaint was filed.

You will be notified of the dates and times of both the prehearing conference and evidentiary hearing, and the three judges assigned to hear this matter, within approximately two weeks of the date of this Order. The evidentiary hearing will be conducted pursuant to Minnesota Statutes § 211B.35. Information about the evidentiary hearing procedures and copies of state statutes may be obtained online at www.oah.state.mn.us and www.revisor.leg.state.mn.us.

At the evidentiary hearing, all parties have the right to be represented by legal counsel, by themselves, or by a person of their choice if not otherwise prohibited as the unauthorized practice of law. In addition, the parties have the right to submit evidence, affidavits, documentation and argument for consideration by the Administrative Law Judges. Parties should bring with them all evidence bearing on the case with copies for the Administrative Law Judges and the opposing party.

After the evidentiary hearing, the Administrative Law Judges may dismiss the complaint, issue a reprimand, or impose a civil penalty of up to $5,000. The panel may also refer the complaint to the appropriate county attorney for criminal prosecution. A party aggrieved by the decision of the panel is entitled to judicial review of the decision as provided in Minn. Stat. §§ 14.63 to 14.69.

Any party who needs an accommodation for a disability in order to participate in this hearing process may request one. Examples of reasonable accommodations include wheelchair accessibility, an interpreter, or Braille or large-print materials. If any party requires an interpreter, the Administrative Law Judge must be promptly notified. To arrange an accommodation, contact the Office of Administrative Hearings at 600 North Robert Street, P.O. Box 64620, St. Paul, MN 55101, or call 651-361-7900 (voice) or 651-361-7878 (TTY).

Dated: November 9, 2009

/s/ Eric L. Lipman____

ERIC L. LIPMAN

Administrative Law Judge

MEMORANDUM

Respondent Eva Ng ran unsuccessfully for mayor of the City of St. Paul in the November 2009 election. Complainant Lisa Belak, was Ms. Ng’s campaign manager until she resigned on August 31, 2009. Ms. Belak alleges in her complaint that Ms. Ng and the Treasurer of Ms. Ng’s campaign committee violated Minn. Stat. §§ 211A.02 and 211A.06 by failing to account for campaign expenditures in the campaign finance reports filed in September and October 2009. Specifically, Ms. Belak alleges that she provided Ms. Ng and her campaign committee with $1,700 worth of consulting services and $1,788.57 in campaign materials (printing services, office supplies) that the Respondents have not reimbursed her for, and did not account for on the Ms. Eng’s campaign financial reports.

Minn. Stat. § 211A.02, subd. 1, requires candidates who receive contributions or makes disbursements of more than $750 in a calendar year to file campaign financial reports. These reports must list, among other things, the total amount of receipts and expenditures made during the period of time covered by the report. Minn. Stat. § 211A.06 provides that a treasurer of a campaign committee who fails to keep correct account with the intent to conceal receipts or disbursements or the existence or amount of an unpaid debt is guilty of a misdemeanor.

Ms. Belak attached to the Complaint two campaign finance reports filed by Ms. Ng’s campaign committee covering time periods from April 4, 2009 through October 20, 2009. Ms. Belak also attached copies of receipts from various office supply companies and other retail stores that she alleges reflect approved purchases that she made on behalf of Ms. Eng’s campaign. None of the alleged expenditures identified by the Complainant are listed on these reports.

For purposes of a prima facie determination, the Complainant must detail the factual basis to support a claim that the violation of law has occurred.[1] In deciding whether a campaign complaint sets forth a prima facie violation of the statute, the Administrative Law Judge is required to credit as true all of the facts that are alleged in the Complaint, provided that those facts are not patently false or inherently incredible. The Administrative Law Judge concludes that the Complainant in this mater has alleged sufficient facts to support finding prima facie violations of Minn. Stat. §§ 211A.02 and 211A.06. Therefore, these allegations will proceed to an evidentiary hearing before a three-judge panel to be scheduled in the near future.

E. L. L.