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4-6361-20452-CV |
STATE OF
OFFICE
OF ADMINISTRATIVE HEARINGS
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Joseph
Mansky,
Complainant, vs. Friends of Pakou Hang,
Respondent. |
ORDER OF DISMISSAL |
On April 3, 2009, Joseph Mansky Ramsey County Elections Manager filed a Complaint with the Office of Administrative Hearings alleging that Friends of Pakou Hang violated Minn. Stat. § 211A.02, subd. 1(b) by failing to timely file a year-end campaign finance report.
The Chief Administrative Law Judge assigned this
matter to the undersigned Administrative Law Judge on April 3, 2009, pursuant
to Minn. Stat. § 211B.33. A copy of the
Complaint and attachments were sent by
After reviewing the Complaint and attachments, the Administrative Law Judge finds that the Complaint does not state a prima facie violation of Minn. Stat. § 211A.02.
Based upon the Complaint and for the reasons set out
in the attached Memorandum,
IT IS ORDERED:
That the Complaint filed by Joseph Mansky against Friends
of Pakou Hang is DISMISSED.
Dated: April 7, 2009
/s/ Bruce
H. Johnson________
BRUCE H. JOHNSON
Administrative
Law Judge
Pakou Hang ran unsuccessfully for a seat on the St. Paul City Council in the November 2007 general election. The Respondent, Friends of Pakou Hang, is presumably her campaign committee.
Minnesota Statutes Chapter 211A governs the campaign finance reporting requirements for local candidates and their committees. Minnesota Statutes § 211A.02 requires candidates or committees who receive contributions or make disbursements of over $750 in a calendar year, to file financial reports with the “filing officer,”[1] including a final report that must be filed by January 31 of each year following the year when the initial report was filed.[2]
If a candidate or committee fails to file a required financial report on the date it is due, the filing officer shall “immediately notify the candidate or committee of the failure to file.”[3] If the report is not filed within ten days after the notification is mailed, the filing officer shall file a complaint with the Office of Administrative Hearings under section 211B.32.[4]
The Complaint alleges
that Friends of Pakou Hang violated Minnesota Statutes
§ 211A.02, subd. 1, by failing to file a year-end campaign finance report that it
asserts was due January 31, 2009. The
Complaint states that Ramsey County sent Friends of Pakou Hang a notice
reminding it of its filing obligation in January 2009, and a notice of failure
to file the required campaign finance report on February 17, 2009, as required
by Minn. Stat. § 211A.05, subd. 2.
If Friends of Pakou Hang received contributions or made disbursements of more than $750 in 2007, it was required to file campaign finance reports in 2007 and a final report by January 31, 2008. However, absent the pleading of some facts to suggest that Respondent continued to act to influence the nomination or defeat of a candidate or ballot initiative after the 2007 election, Respondent was not required to file a year-end campaign finance report in January 2009.
The Complaint fails to allege sufficient facts to support its claim that Respondent was required to file a year-end campaign finance report by January 31, 2009. Moreover, if the Complaint intended to allege that the Respondent failed to file the year-end report that was due in January 31, 2008, this allegation would be beyond the one year statute of limitations provided for at Minn. Stat. §211B.32, subd. 2.
The Complaint is dismissed.
[1] Minn. Stat. § 211A.01, subd. 7, defines “filing officer” to
mean the officer authorized by law to accept affidavits of candidacy or
nominating petitions for an office or the officer authorized by law to place a
ballot question on the ballot.
[2] Minn. Stat. § 211A.02, subd. 1.
[3] Minn. Stat. § 211A.05, subd. 2. (Emphasis added.)
[4] Minn. Stat. § 211A.05, subd. 2.