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12-6326-17493-CV |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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Eva
Young and Laura Lehmann, M.D., Complainants, vs. Mark
Stenglein, Hennepin
Respondents. |
FINDINGS
OF FACT, CONCLUSIONS,
AND ORDER |
The above-entitled matter came on for an evidentiary
hearing on October 6, 2006, before a panel of three Administrative Law
Judges: Steve M. Mihalchick (Presiding
Judge), Barbara L. Neilson, and Kathleen D. Sheehy. The hearing record closed at the conclusion
of the hearing that day.
Eva Young,
NOTICE
This is the final decision in this
case, as provided in Minn. Stat. § 211B.36, subd. 5. A party aggrieved by this decision may seek
judicial review as provided in
STATEMENT OF ISSUES
Did Respondents violate Minn. Stat. §
211B.12(6) by contributing
$100 to Eastside Neighborhood Services on September 9, 2005?
The panel concludes that the
Complainants failed to establish that Respondents violated Minn. Stat. § 211B.12(6),
and therefore the Complaint against them is dismissed.
Based upon the entire record, the panel makes the
following:
FINDINGS OF FACT
1. The Respondent Mark Stenglein is a Hennepin County
Commissioner and is running for re-election on November 7, 2006.
2. On January 31, 2006, Respondent Stenglein Volunteer
Committee filed its 2005 Annual Campaign Finance Report with
3. East Side Neighborhood Services (ESNS) is a nonprofit
social services agency that serves immigrant, refugee, and low-income
communities primarily in
4. On September 9, 2005, ESNS held its 10th
Annual Mill City Charity Golf Tournament.
The individual fee for attending the event was $100. This fee included 18 holes of golf, golf
cart, lunch, and post-round appetizers.[3]
5. Majestic Oaks Golf Club charged ESNS $75 per person for
green fees and meal costs associated with the fundraising event. The remaining $25 of each individual fee went
to ESNS as a charitable contribution.[4]
6. Mike Sable, an assistant to Respondent Mark Stenglein,
attended the 10th Annual Mill City Charity Golf Tournament. Respondent Stenglein had planned on attending
the golf tournament himself, but had to attend the funeral of a friend. He sent Mr. Sable in his place. The Mark Stenglein Volunteer Committee paid
the $100 fee for Mr. Sable to attend the golf tournament.[5]
7. Lynette Wittsack is the Treasurer of the Mark
Stenglein Volunteer Committee. Ms.
Wittsack is responsible for filling out the Committee’s campaign finance
reports. At the time that she filled out
the Committee’s 2005 Annual Campaign Finance Report, Ms. Wittsack was not aware
that something of value had been received in exchange for the $100 “donation”
to ESNS. As a result, Ms. Wittsack wrote
down the full $100 amount as a donation to ESNS.[6]
8. ESNS receives some of its funding from
Based upon the foregoing Findings of Fact, the panel makes the
following:
CONCLUSIONS
1. Minn. Stat. § 211B.35 authorizes the panel of
Administrative Law Judges to consider this matter.
2.
Use
of money collected for political purposes is prohibited unless the use is
reasonably related to the conduct of election campaigns, or is a noncampaign
disbursement as defined in section 10A.01, subdivision 26. The following are permitted expenditures when
made for political purposes:
(1) salaries,
wages, and fees;
(2)
communications, mailing, transportation, and travel;
(3) campaign
advertising;
(4) printing;
(5) office and
other space and necessary equipment, furnishings, and incidental supplies;
(6) charitable
contributions of not more than $50 to any charity annually; and
(7) other
expenses, not included in clauses (1) to (6),
that are reasonably related to the conduct of election campaigns. In addition, expenditures made for the
purpose of providing information to constituents, whether or not related to the
conduct of an election, are permitted expenses.
Money collected for political purposes and assets of a political
committee or political fund may not be converted to personal use.
3. The burden of proving the allegations in the complaint is on the Complainants. The standard of proof of a violation of Minn. Stat. § 211B.12, is a preponderance of the evidence.[8]
4. The Complainants have failed to demonstrate by a preponderance of the evidence that Respondents violated Minn. Stat. § 211B.12(6).
Based upon the record herein, and for
the reasons stated in the following Memorandum, the panel of Administrative Law
Judges makes the following:
ORDER
IT IS ORDERED:
That the
Complaint in this matter is DISMISSED.
Dated: October
10, 2006
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/s/ Steve M. Mihalchick |
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STEVE M. MIHALCHICK |
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Presiding Administrative Law Judge |
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/s/ Barbara
L. Neilson |
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BARBARA L. NEILSON |
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Administrative Law Judge |
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/s/ Kathleen D. Sheehy |
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KATHLEEN D. SHEEHY |
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Administrative Law Judge |
MEMORANDUM
Minn. Stat. § 211B.12 governs legal expenditures by campaign committees and candidates of money collected for political purposes. Under this section, a candidate or campaign committee may contribute no more than $50 to any charity annually. Although the Respondents reported a $100 donation to East Side Neighborhood Services based on the individual fee for attending the charity golf tournament event, the record established that the Respondents contributed only $25 to ESNS. The remaining $75 went to cover the costs associated with the golf tournament. Because Respondents’ actual charitable contribution to ESNS was not more than $50, the Complainants have failed to show that the Respondents violated Minn. Stat. § 211B.12. The record reflects that the Respondents simply made a reporting error and mischaracterized the expenditure as a $100 donation (as opposed to a $25 donation and a $75 expense). The Respondents should amend their 2005 Annual Campaign Finance Report to correctly reflect the expenditure. The Complaint is dismissed.
S.M.M., B.L.N., K.D.S.