COMMISSIONERS PRESENT: Ralph Wayne, Chair; Cullen R. Looney, Vice Chair; Raymond R. “Tripp” Davenport, III; Ross Fischer; Tom Harrison; Francisco Hernandez; Wales H. Madden, III; and David Montagne.
COMMISSIONERS ABSENT: None.
STAFF PRESENT: Natalia L. Ashley, William Calem, Margie Castellanos, Sharon Finley, Christina Hernandez, Jeanine Hudson, Jason King, Becky Levy, Bobby Mannas, Robbie Miller, David A. Reisman, Theresa Schwindt, Amy Simms, Tim Sorrells, Ian M. Steusloff, Linda Warner, and Mary Young.
MINUTES
This meeting was tape recorded. These minutes are a summary record of the Commission's actions at the meeting. For a detailed record of discussions and statements made by persons speaking at the meeting, please consult the audio tapes on file at the Commission's office.
Agenda Item 1: Call to order; roll call.
The meeting was called to order by Chair Wayne. David A. Reisman, Executive Director, called the roll. All Commissioners were present.
Agenda Item 2: Comments by the Commissioners.
Chair Wayne welcomed Jennifer Arnes, Governor’s Office, to the Commission meeting .
Motion by Commissioner Davenport to postpone agenda items 14 through 17 until the next commission meeting. Motion passed by unanimous consent.
Commissioner Harrison thanked David Reisman, Executive Director, and Natalia L. Ashley, General Counsel, for resolving the Schmidt v. Texas Ethics Commission lawsuit.
Chair Wayne introduced Sarah Woelk, former General Counsel of the Texas Ethics Commission, currently with the Lottery Commission, and Karen Lundquist, former Executive Director of the Texas Ethics Commission, currently with the University of Texas. Commissioner Harrison presented Sarah Woelk with an award of appreciation.
Chair Wayne welcomed Jack Mason, who is the Ethics Commission’s analyst with the Legislative Budget Board.
Agenda Item 3: Comments by the Executive Director.
David A. Reisman, Executive Director, made the following comments:
1. Mr. Reisman introduced George Savvas, new systems administrator in the Computer Services Division. Mr. Reisman also announced that Cyndi Johnson will join the Ethics Commission staff on September 16, 2005, as the new receptionist. A Programmer III position has been posted.
2. August 31, 2005, was the end of the fiscal year, and the commission will be asked to approve the FY 06 operating budget at the November commission meeting.
3. The year end measures indicate an increase in ethics training. In FY 04, 1,200 individuals were trained, and in FY 05 2,315 individuals were trained.
In September, staff will be speaking to the Commission on the Arts and at the Professional Advocacy Association of Texas Compliance Institute.
In October, staff will be speaking at the joint LBJ School and Ethics Commission’s conference at the University of Texas, the Office of the Attorney General, the University of Texas Board of Regents, and the Secretary of State Seminar for County Chairs.
In November, staff will be speaking to the managers, directors, and commissioners of the Texas Commission on Environmental Quality.
In December, staff will be speaking to the Montgomery County Bar Association.
Agenda Item 4: Communication to the commission from the public.
None.
Agenda Item 5: Approve minutes of the July 15, 2005, meeting.
Motion by Commissioner Harrison to adopt the July 15, 2005, meeting minutes; second by Commissioner Davenport. Motion passed by a vote of eight ayes.
Agenda Item 6: Presentation regarding the review of the Ethics Commission by the State Office of Risk Management by Cristina Hernandez, Purchaser/Risk Manager.
Cristina Hernandez, Purchaser/Risk Manager, briefed the commission on this agenda item. Chair Wayne expressed his appreciation for a job well done.
Agenda Item 7: Presentation by Commissioner Tom Harrison regarding reporting of compensation by lobbyists.
Commissioner Harrison briefed the commission on this agenda item. Jack Gullahorn, Professional Advocacy Association of Texas, spoke before the commission on Agenda Item 7.
For Agenda Items 8 and 9, the following represents the actions taken by the Ethics Commission in the order they occurred during the meeting.
Agenda Item 8: Briefing, discussion, and possible action to waive or reduce certain penalties assessed for late filing of campaign finance reports, lobby reports, or personal financial statements.
1. Dan Barnes, Prescribed Burning Board (00055516)
Report: personal financial statement due May 2, 2005
Penalty: $500
2. Hector Delgado, Treasurer, El Futuro de Tejas (00055839)
Report: monthly report due May 5, 2005
Penalty: $500
3. Kenneth H. Edwards, Treasurer, Pipe Fitters Local Union 211 Political Action Committee (00056575)
Report: monthly report due June 6, 2005
Penalty: $500
4. A. Robert Hinojosa, former District Judge (00027120)
Report: semiannual report due July 15, 2003
Penalty: $100Reports: semiannual reports due January 15, 2004, July 15, 2004, January 18, 2005, and July 15, 2005
Penalty: $500 (each report)
5. Allen K. Horne, Lobbyist (00029277)
Report: lobby activities report due July 11, 2005
Penalty: $500
6. Peter Hwang, Treasurer, Houston 80-20 PAC (00050353)
Report: monthly report due May 5, 2005
Penalty: $500
7. Stephen Kyle Johnston, Candidate, State Representative (00051778)
Report: semiannual report due July 15, 2005
Penalty: $500
8. James Logan, Treasurer, Travis County Republican PAC (00043474)
Report: semiannual report due July 15, 2005
Penalty: $500
9. Carl J. Stephens, Treasurer, Fort Bend Business Alliance PAC (00016229)
Report: monthly report due August 5, 2005
Penalty: $500
10. Gary L. Thompson, Texas Online Authority (00052348)
Report: personal financial statement due May 2, 2005
Penalty: $500
Motion by Vice Chair Looney to accept staff’s recommendation to waive the late-filing penalties for Agenda Item 8, numbers 1 through 10; second by Commissioner Harrison. Motion passed by a vote of eight ayes on Agenda Item 8, number 1; by a vote of seven ayes on Agenda Item 8, number 2, with Commissioner Davenport abstaining; by a vote of eight ayes on Agenda Item 8, numbers 3 through 9; and by a vote of seven ayes on Agenda Item 8, number 10, with Commissioner Fischer abstaining. Staff’s recommendation to waive the late-filing penalties is adopted for Agenda Item 8, numbers 1 through 10.
11. Michael C. Cushman, Lobbyist (00050707)
Report: lobby activities report due January 10, 2005
Penalty: $500
12. Darrick W. Eugene, Lobbyist (00038807)
Report: lobby activities report due July 11, 2005
Penalty: $500
13. Oscar J. Hale, Jr., District Judge (00054184)
Report: semiannual report due July 15, 2005
Penalty: $500
Judge Hale spoke before the commission on Agenda Item 8, number 13.
14. David M. Hawley, Treasurer, Port Industries of Corpus Christi PAC (00043558)
Report: monthly report due July 5, 2005
Penalty: $500
15. Edward M. Vargocko, Treasurer, Ironworkers #84, Ironworkers PAC (00016298)
Report: monthly report due July 5, 2005
Penalty: $500
16. Franklin E. Williams, Treasurer, Jasper County Democratic Co-Ordinated Committee (00050401)
Report: semiannual report due July 15, 2005
Penalty: $500
Motion by Commissioner Madden to adopt staff’s recommendation to waive the late-filing penalties for Agenda Item 8, numbers 11 through 16; second by Commissioner Montagne. Motion passed by a vote of eight ayes. Staff’s recommendation to waive the late-filing penalties is adopted for Agenda Item 8, numbers 11 through 16.
52. Cary P. Yates, Manufactured Housing Board (00052230)
Report: personal financial statement due May 2, 2005
Penalty: $500
Mr. Yates spoke before the commission on Agenda Item 8, number 52.
Motion by Commissioner Madden to waive the $500 late-filing penalty on Agenda Item 8, number 52; second by Commissioner Davenport. Motion passed by a vote of seven ayes. Commissioner Fischer voted no. Late-filing penalty waived on Agenda Item 8, number 52.
17. Karen E. Barber, Angelina & Neches River Authority (00042535)
Report: personal financial statement due May 2, 2005
Penalty: $500
18. Roger J. Benavides, Texas Online Authority (00019121)
Report: personal financial statement due July 1, 2005
Penalty: $500
19. James S. Bowie, Treasurer, Citizens for Term Limitation (00018760)
Report: semiannual report due July 15, 2005
Penalty: $500
20. Carlton Britton, Prescribed Burning Board (00055506)
Report: personal financial statement due May 2, 2005
Penalty: $500
21. Donnie R. Burgess, Senior Judge (00021118)
Report: semiannual report due July 15, 2005
Penalty: $500
22. Phil Cates, Lobbyist (00012852)
Report: lobby activities report due July 11, 2005
Penalty: $500
23. Jayme Cox, Lobbyist (00055628)
Report: lobby activities report due July 11, 2005
Penalty: $500
24. Luis Figueroa, Lobbyist (00056850)
Report: lobby activities report due June 10, 2005
Penalty: $500
25. David Flores, Candidate, State Representative (00054527)
Report: semiannual report due January 18, 2005
Penalty: $500
26. William H. Flores, Texas Real Estate Commission (00055404)
Report: personal financial statement due July 1, 2005
Penalty: $500
27. Timothy W. Ford, District Attorney (00042688)
Report: personal financial statement due May 2, 2005
Penalty: $500
28. Robert Frank, Lobbyist (00056007)
Report: lobby activities report due May 10, 2005
Penalty: $500
29. Joe A. Garcia, Lobbyist (00034532)
Report: lobby activities report due June 10, 2005
Penalty: $500
30. Mary Pat Higgins, Treasurer, Planned Parenthood of North Texas Action Fund Political Committee (00055458)
Report: monthly report due June 6, 2005
Penalty: $500
31. Cynthia Tyson Jenkins, Texas Motor Vehicle Board (00054786)
Report: personal financial statement due July 1, 2005
Penalty: $500
32. Christopher A. McClellan, Lobbyist (00010102)
Report: lobby activities report due January 10, 2005
Penalty: $500
33. James A. Moseley, Court of Appeals Justice (00031146)
Report: personal financial statement due July 1, 2005
Penalty: $500
34. Glenn D. Parker, State Board of Barber Examiners (00055468)
Report: personal financial statement due July 1, 2005
Penalty: $500
35. Dwight L. Phifer, District Judge (00041425)
Report: personal financial statement due July 1, 2005
Penalty: $500
36. Ed Rankin, Texas Council for Developmental Disabilities (00052960)
Report: personal financial statement due May 2, 2005
Penalty: $500
37. Eddie P. Richardson, Texas Emancipation Juneteenth Cultural & Historical Commission (00038400)
Report: personal financial statement due May 2, 2005
Penalty: $500
38. Relvin Kent Sharp, Candidate, State Representative (00054850)
Report: semiannual report due July 15, 2005
Penalty: $500
39. Ronnie Sowell, Treasurer, Lubbock Professional Police PAC (00015490)
Report: semiannual report due July 15, 2005
Penalty: $500
40. Bart Standley, Treasurer, Campaign for Houston (00037915)
Reports: semiannual reports due July 15, 2002, January 15, 2003, and July 15, 2003
Penalty: $100 (each report)Reports: semiannual reports due January 15, 2004, July 15, 2004, January 18, 2005, and July 15, 2005
Penalty: $500 (each report)
41. Nancy M. Steves, San Antonio River Authority (00022862)
Report: personal financial statement due May 2, 2005
Penalty: $500
42. Gordon D. Ware, Texas Board of Professional Geoscientists (00052239)
Report: personal financial statement due May 2, 2005
Penalty: $500
43. Dick Waterfield, Lobbyist (00012149)
Report: lobby activities report due June 10, 2005
Penalty: $500
44. Lee A. Woods, Lobbyist (00014943)
Report: lobby activities report due July 11, 2005
Penalty: $500
Motion by Commissioner Montagne to waive the late-filing penalties for Agenda Item 8, numbers 17, 18, 20, 26, 31, 34, 41, and 42; second by Commissioner Madden. Motion passed by a vote of seven ayes on Agenda Item 8, numbers 17, 18, 20, 26, 31, 34, 41, and 42. Commissioner Fischer abstained. Commissioner Montagne requested staff to explain in the notice of waiver that this waiver is based on the fact that the filer had filed all previous personal financial statements by the applicable deadline and the filer will not be eligible for this type of waiver in the future. Late-filing penalties waived on Agenda Item 8, numbers 17, 18, 20, 26, 31, 34, 41, and 42.
Motion by Commissioner Madden to adopt staff’s recommendation not to waive Agenda Item 8, numbers 19, 21 through 25, 27 through 30, 32, 33, 35 through 40, 43, and 44; second by Commissioner Hernandez. Amended motion by Commissioner Harrison to impose a $100-a-day penalty for each day past the due date on Agenda Item 8, numbers 21 through 23, and 44; and to reduce to $1,000 the penalty on number 40; second by Vice Chair Looney. Commissioner Harrison voted yes. Chair Wayne, Vice Chair Looney, and Commissioners Davenport, Fischer, Hernandez, Madden, and Montagne voted no. Motion failed. Motion passed by a vote of seven ayes on Commissioner Madden’s original motion. Commissioner Harrison voted no. Staff’s recommendation not to waive the late-filing penalties is adopted on Agenda Item 8, numbers 19, 21 through 25, 27 through 30, 32, 33, 35 through 40, 43, and 44.
45. Rogelio “Roy” Ibanez, Jr., Candidate, State Representative (00034146)
Reports: semiannual reports due July 15, 2004, January 18, 2005, and July 15, 2005
Penalty: $500 (each report)
Staff recommendation: no waiver of the late-filing penalties in connection with the reports due July 15, 2004 and January 18, 2005; waiver of the late-filing penalty in connection with the report due July 15, 2005.
Motion by Commissioner Madden to reduce the $1,500 late-filing penalty to $500 total on Agenda Item 8, number 45; second by Commissioner Hernandez. Motion passed by a vote of seven ayes. Vice Chair Looney abstained. Reduction of the late-filing penalty to $500 total is adopted on Agenda Item 8, number 45.
46. Eleazar Ramos, Treasurer, Voters for Better Government (00054755)
Reports: semiannual reports due July 15, 2004, and January 18, 2005
Penalty: $500 (each report)
Staff recommendation: reduction of the late-filing penalties to $100 for each report.
Motion by Commissioner Harrison to adopt staff’s recommendation on Agenda Item 8, number 46; second by Commissioner Madden. Motion passed by a vote of eight ayes. Staff recommendation to reduce the late-filing penalties to $200 total is adopted for Agenda Item 8, number 46.
47. Raymond T. Meza, Upper Colorado River Authority (00050448)
Report: personal financial statement due May 2, 2005
Penalty: $500
Motion by Commissioner Madden to assess a $500 late-filing penalty on the report due May 2, 2005, with a certified letter informing the filer that the commission has requested that he file the outstanding personal financial statements and pay the outstanding fines, and if not paid, then the commission will consider raising the fines on Agenda Item 8, number 47; second by Commissioner Montagne. Motion passed by a vote of eight ayes. The $500 late-filing penalty is adopted on Agenda Item 8, number 47, along with a certified letter informing the filer that the commission has requested that he file the outstanding personal financial statements and pay the outstanding fines, and if not paid, then the commission will consider raising the fines.
48. John M. Moore, Texas Incentive and Productivity Commission (00038377)
Report: personal financial statement due May 2, 2005
Penalty: $500
Motion by Commissioner Madden to assess a $500 late-filing penalty on the report due May 2, 2005, with a certified letter informing the filer that the commission has requested he pay the outstanding fines, and if not paid, then the commission will consider raising the fines on Agenda Item 8, number 48; second by Commissioner Harrison. Motion passed by a vote of eight ayes. The $500 late-filing penalty is adopted on Agenda Item 8, number 48, along with a certified letter informing the filer that the commission has requested he pay the outstanding fines, and if not paid, then the commission will consider raising the fines.
49. Bruce A. Scudday, Texas State Board of Podiatric Medical Examiners (00052982)
Report: personal financial statement due May 2, 2005
Penalty: $500
Motion by Commissioner Montagne to waive the late-filing penalty on Agenda Item 8, number 49 and instruct staff to write a letter informing filer of the commission’s decision to waive, but will be fined on future violations; second by Commissioner Davenport. Motion passed by a vote of eight ayes. Late-filing penalty waived on Agenda Item 8, number 49.
50. Matthew Washington, Texas State Board of Podiatric Medical Examiners (00031928)
Report: personal financial statement due May 2, 2005
Penalty: $500
Motion by Commissioner Montagne to waive the late-filing penalty on Agenda Item 8, number 50 and instruct staff to write a letter informing filer of the commission’s decision to waive, but will be fined on future violations; second by Commissioner Davenport. Motion passed by a vote of eight ayes. Late-filing penalty waived on Agenda Item 8, number 50.
51. Mike D. Wheat, Jr., Treasurer, Wichita Falls Police Officers Association PAC (00016463)
Report: 8-day pre-election report due April 29, 2005
Penalty: $250 (reduced from $500 in July 2005)
Motion by Vice Chair Looney to waive the late-filing penalty on Agenda Item 8, number 51; second by Commissioner Madden. Motion passed by a vote of eight ayes. Late-filing penalty waived on Agenda Item 8, number 51.
Agenda Item 9: Briefing, discussion, and possible action to waive or reduce late-filing penalties in connection with certain corrected reports or to determine whether certain corrected reports as originally filed substantially complied with the applicable law.
1. Raymond C. Angelini, District Judge (00026808)
Report: semiannual report due January 18, 2005
Penalty: $500
2. John Bass, Treasurer, Nucor Corporation Political Action Committee of Texas (00053011)
Report: semiannual report due January 18, 2005
Penalty: $10,000
3. Walton L. Baum, Lobbyist (00033997)
Report: lobby activities report due June 10, 2005
Penalty: $500
4. Amy T. Beneski, Lobbyist (00053552)
Report: lobby activities report due June 10, 2005
Penalty: $500
5. Trey J. Blocker, Lobbyist (00055627)
Report: lobby activities report due June 10, 2005
Penalty: $500
6. Alfred B. Carnes, District Judge (00019834)
Report: semiannual report due January 18, 2005
Penalty: $500
7. John W. Cook, Treasurer, Kaufman County Republican Men PAC (00054380)
Report: 30-day pre-election report due October 4, 2004
Penalty: $500
8. Darrick W. Eugene, Lobbyist (00038807)
Report: lobby activities report due May 10, 2005
Penalty: $500
9. Milton I. Fagin, Candidate, District Judge (00041564)
Report: semiannual report due January 18, 2005
Penalty: $10,000
10. Trey Martinez Fischer, State Representative (00040542)
Report: personal financial statement due July 1, 2005
Penalty: $500
11. Shelton Green, Lobbyist (00056055)
Report: lobby activities report due June 10, 2005
Penalty: $500
12. Michael Guerrera, Lobbyist (00056337)
Report: lobby activities report due June 10, 2005
Penalty: $500
13. Clint Hackney, Treasurer, One Call Concepts PAC (00036419)
Report: semiannual report due January 18, 2005
Penalty: $10,000
14. Chris Heaton, Lobbyist (00050993)
Report: lobby activities report due July 11, 2005
Penalty: $500
15. J. Fletcher Kelly, Treasurer, San Patricio Democratic Party Executive Committee (00056082)
Report: semiannual report due January 18, 2005
Penalty: $10,000
16. Carmen Kelsey, District Judge (00020288)
Report: semiannual report due January 18, 2005
Penalty: $500
17. Sharon Kemp, Treasurer, Alamo City Republican Women (00015898)
Report: semiannual report due July 15, 2005
Penalty: $500
18. Stephen P. Koebele, Lobbyist (00054021)
Report: lobby activities report due May 10, 2005
Penalty: $500
19. Mark Malone, Lobbyist (00039471)
Report: lobby activities report due June 10, 2005
Penalty: $500
20. Alan Mayfield, District Judge (00020393)
Report: 30-day pre-election report due October 4, 2004
Penalty: $500
21. Mark Mobley, Treasurer, Taxpayers for Responsible and Ethical Government (00056682)
Reports: monthly reports due May 5, 2005, and June 6, 2005
Penalty: $500 (each report)
22. Jody Richardson, Lobbyist (00013336)
Report: lobby activities report due June 10, 2005
Penalty; $500
23. Teresa Rutherford, Treasurer, MetroTex Association of Realtors PAC (00015663)
Report: semiannual report due July 15, 2005
Penalty: $500
24. Lucinda Saxon, Lobbyist (00054729)
Report: lobby activities report due June 10, 2005
Penalty: $500
25. Zan Statham, Chair, Parker County Republican Party (00023733)
Report: semiannual political party report due January 18, 2005
Penalty: $500
26. Vannessa Stewart, Treasurer, Texas Independent Ginners Association (00017217)
Report: semiannual report due January 18, 2005
Penalty: $500
27. Laura Taff, Treasurer, Smith County Republican Women’s Club PAC (00015859)
Report: 8-day pre-election report due October 25, 2004
Penalty: $10,000
28. Larry R. Taylor, Treasurer, Texas Alliance of Recreational Organizations PAC (00015870)
Report: semiannual report due July 15, 2005
Penalty: $500
29. Barbara L. Thomas, Treasurer, Memorial West Republican Women PAC (00017086)
Report: semiannual report due January 18, 2005
Penalty: $500
30. Donald S. Zimmerman, Candidate, State Representative (00054023)
Report: semiannual report due July 15, 2005
Penalty: $500
Motion by Vice Chair Looney to adopt staff’s recommendation on Agenda Item 9, numbers 1 through 30, that the original reports substantially complied with the applicable law; second by Commissioner Madden. Motion passed by a vote of eight ayes. Staff’s recommendation is adopted on Agenda Item 9, numbers 1 through 30, that the original reports substantially complied with the applicable law.
31. Richard W. Clark, District Attorney (00037236)
Report: personal financial statement due May 2, 2005
Penalty: $500
32. Michael Richard Crowe, Lobbyist (00039896)
Report: lobby registration update filed April 28, 2005
Penalty: $500
33. Christopher D. DeCluitt, Brazos River Authority (00057389)
Report: personal financial statement due May 31, 2005
Penalty: $500
34. Alfredo Flores, Candidate, State Representative (00051891)
Report: semiannual report due July 15, 2005
Penalty: $500
35. Thomas A. Forbes, Lobbyist (00012695)
Report: lobby activities report due June 10, 2005
Penalty: $500
36. Ronnie G. Jung, Teachers Retirement System of Texas (00054511)
Report: personal financial statement due May 2, 2005
Penalty: $500
37. Michael S. Norman, Jr., Treasurer, HOMEPAC of Texas (00015715)
Report: monthly report due July 5, 2005
Penalty: $500
38. Kraege Polan, Lobbyist (00013539)
Report: lobby registration update filed June 10, 2005
Penalty: $500
39. Lenora Sorola-Pohlman, Treasurer, Harris County Tejano Democrats (00054190)
Report: semiannual report due January 18, 2005
Penalty: $10,000
Motion by Commissioner Fischer to adopt staff’s recommendation on Agenda Item 9, numbers 31 through 39; second by Commissioner Davenport. Motion passed by a vote of eight ayes on Agenda Item 9, numbers 31 through 35, and 37 through 39, and passed by a vote of seven ayes on Agenda Item 9, number 36 with Commissioner Harrison abstaining. Staff’s recommendation to waive the late-filing penalties is adopted on Agenda Item 9, numbers 31 through 39.
40. Kip Averitt, State Senator (00019725)
Reports: semiannual reports due July 15, 2004, and January 18, 2005
Penalty: $500 (each report)
Staff recommendation: no waiver of the late-filing penalty in connection with the report due July 15, 2004, and find the report due January 18, 2005, is in substantial compliance.
Motion by Commissioner Madden to adopt staff’s recommendation on Agenda Item 9, number 40; second by Commissioner Harrison. Motion passed by a vote of eight ayes. Staff recommendation is adopted on Agenda Item 9, number 40, not to waive the late-filing penalty for the report due July 15, 2004, and find the report due January 18, 2005, is in substantial compliance.
41. Richard A. Cloutier, Treasurer, Camp Dresser & McKee PAC (00039856)
Reports: monthly reports due July 6, 2004, and April 5, 2005
Penalty: $500 (each report)
Staff recommendation: no waiver of the late-filing penalty in connection with the report due July 6, 2004, and find the report due April 5, 2005, is in substantial compliance.
Motion by Commissioner Harrison to adopt staff’s recommendation on Agenda Item 9, number 41; second by Commissioner Madden. Motion passed by a vote of eight ayes. Staff recommendation is adopted on Agenda Item 9, number 41, not to waive the late-filing penalty for the report due July 6, 2004, and find the report due April 5, 2005, is in substantial compliance.
42. Yvonne Davis, State Representative (00019811)
Report: semiannual report due January 18, 2005
Penalty: $8,800
Staff recommendation: reduction of the late-filing penalty to $500
Motion by Commissioner Harrison to adopt staff’s recommendation on Agenda Item 9, number 42; second by Commissioner Fischer. Motion passed by a vote of eight ayes. Tim Sorrells spoke to Representative Davis on September 8, 2005, who stated she will pay the $500 late-filing penalty. Staff recommendation is adopted on Agenda Item 9, number 42, to reduce the late-filing penalty to $500.
43. Michele Navratil, Treasurer, Amegy Bank Political Action Committee (00024835)
Report: 30-day pre-election report due October 4, 2004
Penalty: $500
Staff recommendation: no waiver of the late-filing penaltyReport: 8-day pre-election report due October 25, 2004
Penalty: $10,000
Staff recommendation: reduction of the late-filing penalty to $1,000Report: semiannual report due January 18, 2005
Penalty: $10,000
Staff recommendation: reduction of the late-filing penalty to $500
Motion by Commissioner Montagne to adopt staff’s recommendation on Agenda Item 9, number 43; second by Commissioner Madden. Motion passed by a vote of eight ayes. Staff recommendation is adopted on Agenda Item 9, number 43, not to waive the late-filing penalty on the report due October 4, 2004, to reduce the late-filing penalty on the report due October 25, 2004, to $1,000, and to reduce the late-filing penalty on the report due January 18, 2005, to $500.
44. Tim Snyder, Treasurer, Humana Inc. Texas PAC (00028202)
Reports: monthly reports due March 7, 2005, May 7, 2005, and June 6, 2005
Penalty: $500 (each report)
Staff recommendation: find the reports due March 7, 2005, and June 6, 2005, in substantial compliance, and reduction of the late-filing penalty to $250 for the report due May 7, 2005;
Motion by Vice Chair Looney to adopt staff’s recommendation on Agenda Item 9, number 44; second by Commissioner Harrison. Motion passed by a vote of eight ayes. Staff recommendation is adopted on Agenda Item 9, number 44, to find the reports due March 7, 2005, and June 6, 2005, in substantial compliance, and reduce the late-filing penalty to $250 for the report due May 7, 2005.
45. Johnny Cowan, Treasurer, Texas Dairymen PAC (00055783)
Report: semiannual report due July 15, 2005
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Agenda Item 9, number 45 is withdrawn at the filer’s request.
46. Gene Fisseler, Treasurer, Reliant Energy, Inc. Texas Political Action Committee (00030433)
Report: monthly report due April 5, 2005
Penalty: $500
47. Jacque P. Fuller, Treasurer, River Oaks Area Democratic Women (00037876)
Report: monthly report due June 6, 2005
Penalty: $500
48. Don McFarlin, Lobbyist (00011690)
Report: lobby registration update filed on May 10, 2005
Penalty: $500
49. Carl F. Raba, Jr., Treasurer, Raba-Kistner PAC, Inc. (00042837)
Report: monthly report due July 5, 2005
Penalty: $500
50. Carl S. Richie, Jr., Lobbyist (00030415)
Report: lobby registration update filed April 11, 2005
Penalty: $500
Motion by Vice Chair Looney to adopt staff’s recommendation on Agenda Item 9, numbers 46 through 50; second by Commissioner Harrison. Motion passed by a vote of eight ayes. Staff’s recommendation not to waive the late-filing penalties is adopted on Agenda Item 9, numbers 46 through 50.
Agenda Item 10: Discussion and possible action regarding the termination of campaign treasurer appointments of inactive candidates and inactive political committees.
1. Larry M. Wessels (00042100)
2. Daniel L. Alford (00042111)
3. Le Roy F. Gillam (00042123)
4. Steve Mendoza (00042137)
5. Lynda Akin (00042353)
6. Shannon L. Carr (00042393)
7. James Partsch-Galvan (00042402)
8. Nathan Reid (00042414)
9. John Worldpeace (00051094)
10. Charles L. Tilton (00051095)
11. Bobby E. Hearn (00051096)
12. Napoleon Madrid (00051270)
13. Brandon Steele Johnston (00051295)
14. Clifford F. William (00051306)
15. David F. Bristol (00051308)
16. Daniel Rivas (00051343)
17. James B. Harris (00051350)
18. John G. Anderson (00051450)
19. Eduardo Z. Gonzalez (00051522)
20. Angus McGinty (00051528)
21. Lawrence T. Newman (00051635)
22. Julius E. Whittier (00051652)
23. Bernard C. Amadi (00051733)
24. Said Abakoui (00051808)
25. George C. Schwappach (00051890)
26. Darrell Grear (00051892)
27. Heath G. Harris (00051893)
28. Thomas J. Wattley, Jr. (00051924)
29. J. M. Alvarez (00051932)
30. Gerry N. Crawford (00051942)
31. Ivan E. Stober (00051945)
32. Sandy Madison (00051946)
33. Robert W. Tate (00052073)
34. David C. Scott (00052077)
35. Yvonne Rodriguez (00054628)
36. Rick Melendrez (00055184)
37. Alice Oliver-Parrott (00020840)
38. Michael Yarbrough (00020943)
39. Jeff Daiell (00021104)
40. Kathleen Ballanfant (00024949)
41. Gary A. Hinchman (00025940)
42. Burgess Beall (00026225)
43. Fernando R. Ramirez (00026681)
44. Dan Engel (00026720)
45. Stephen P. Birch (00026941)
46. Deborah Dunsinger (00027091)
47. William E. Muirhead (00028118)
48. Michael E. McLelland (00028614)
49. Raymundo Mancera (00032033)
50. Dennis Jones (00032262)
51. S. Christopher LaRue (00032629)
52. Thomas L. Gatton (00032910)
53. Baltazar Garcia (00033029)
54. Howard Bridges (00033096)
55. Cynthia Newman (00033813)
56. James R. Bridges (00036230)
57. Juan A. Garcia (00036541)
58. Christina M. Ryan (00036687)
59. Edward T. Garcia (00037191)
60. Arthur Granado (00037348)
61. Shane Casey (00037575)
62. Samuel Gonzalez (00038629)
63. Mary D. Guevara Capello (00040985)
64. Jack D. Ewing (00041323)
65. Robert L. Penrice (00041830)
66. David Arevalo (00042089)
67. Texas Citizens Action PAC, Sheila A. Holbrook-White (00014405)
68. Galveston Bay Political Education Fund, Mike Martin (00015652)
69. Glass, Molders, Pottery, Plastics & Allied Workers International Union, Kenneth Stinson (00024967)
70. Muirhead Election Committee, William E. Muirhead (00028256)
71. 21st Century Democracts, Edward T. Wendler (00031514)
72. ASSIST PAC, Caryl Bunton (00033820)
73. Houston Historic Preservation PAC, Clarence Bagby (00036376)
74. Republican Communications Network PAC, David Jackson (00036699)
75. Green Party of Dallas/Fort Worth, Daniel K. Cook (00038257)
76. Texas Democratic Women PAC, Trista Rae Allen (00038792)
77. Texans for Good Government, Floyd E. Hodges (00038997)
78. Doctors for Better Government, Karen K. Tarry (00040303)
79. Texans for Quality Health PAC, James Reynolds (00040316)
80. Latina PAC, Hector Carreno (00040710)
81. Southern Party of Texas PAC, John D. Poole (00041080)
82. San Antonio Coalitions of Politically Active Christians, David LaPlante (00042013)
83. Verner Liipfert Texas PAC, Dwight E. Jefferson (00042242)
84. Citizens for Legal Ethics and Neutrality, Irene Morales-Russell (00043565)
85. Texas Amusement Association PAC, Michael Warner (00050329)
86. Committee for Private Property Rights, John R. King (00051029)
87. Concerned Citizens for Regional Water PAC, Kathie N. Ware (00051525)
88. Friends of Dionne Roberts, Sharon N. Gray (00052400)
89. Texas Politics Online, Thomas Devor (00055350)
90. Alief Democrats, Thomas Hamilton Price (00055659)
91. Texoma PAC, Fred Lehmann (00033152)
92. Uncommon Sense, Leonard T. Dunnahoe (00042040)
93. Women in Commerce, L. Rena Thompson (00054332)
94. Pecos County Greens, John Carpenter (00050329)
Natalia L. Ashley, General Counsel, briefed the commission on this agenda item. Motion by Vice Chair Looney to adopt staff’s recommendation on Agenda Item 10; second by Commissioner Harrison. Motion passed by a vote of eight ayes. Staff’s recommendation is adopted on Agenda Item 10, to terminate the campaign treasurer appointments of inactive candidates and inactive political committees.
Agenda Item 11: AOR 525: Whether a legislative advertising disclosure statement is required to be included on segments of radio broadcasts and on articles that are available on a website and that are included in an e-mail newsletter.
Natalia L. Ashley, General Counsel, briefed the commission on this agenda item. Motion by Vice Chair Looney to adopt staff’s recommendation; second by Commissioner Davenport. Motion passed by a vote of eight ayes. AOR 525 is adopted as Ethics Advisory Opinion No. 464.
Agenda Item 12: AOR 527: Whether a non-judicial officeholder who is seeking a judicial office is required to file a single campaign finance report combining both non-judicial and judicial activity.
Natalia L. Ashley, General Counsel, briefed the commission on this agenda item. Ed Shack, attorney, spoke before the commission. Motion by Commissioner Harrison requesting staff to revise the advisory opinion that may then be incorporated into a rule. Motion passed by unanimous consent. AOR 527 is tabled until the next commission meeting.
Agenda Item 13: Public discussion and possible action on the adoption and publication in the Texas Register of a rule relating to reports filed pursuant to section 257.003 of the Election Code, by a political party that accepts political contributions from corporations.
Natalia L. Ashley, General Counsel, briefed the commission on this agenda item. Motion by Vice Chair Looney to adopt staff’s recommendation for final adoption of the rule regarding reports filed pursuant to section 257.003 of the Election Code, by a political party that accepts political contributions from corporations; second by Commissioner Harrison. Motion passed by a vote of eight ayes. Rule regarding the reports filed pursuant to section 257.003 of the Election Code, by a political party that accepts political contributions from corporations, is adopted.
Agenda Item 14: Adjourn.
Motion by Chair Wayne to hold the next commission meeting November 1st and 2nd with the November 2nd meeting beginning at 9:00 a.m. Motion by Commissioner Madden to adjourn; second by Commissioner Hernandez. Motion passed by a vote of eight ayes.