Chairperson Jones called the meeting to order at approximately 9:31 a.m.
 

1. Meeting Minutes.

   Commissioner Lemon moved to approve the October 8, 2002 minutes, seconded by Commissioner McKay. Motion carried.

2. Executive Director's Report:
   • In the May vs. Bayless case, the Arizona Supreme Court upheld the constitutionality of the 10% surcharge.
   • Todd Lang and the Attorney General's Office have filed the amicus brief regarding the 5th Circuit's case referencing Express Advocacy.
   • The funding disbursed to candidates for the General Election is approximately $3.9 million.
   • Today starts the beginning of the daily reporting for all contributions and expenditures for candidates after they have reached the triggering event.
   • Staff is working very diligently on keeping up with the reporting of Independent Expenditures.
   • Write-in candidates who were not included in the General Election Statement Pamphlet will be listed in local newspaper ads for the legislative districts and will run in the papers twice.
   • Statewide debates are airing this week on Channel 8. Tonight will be the Governor Candidate debate which will also be broadcasted on CSPAN.
   • Debbie Tobin is here to present the audit to the Commission for consideration and approval based on the audit regarding MUR No. 02-0036
   • A.D.O.A. has confirmed that the Commission will be moving downtown as of March 2003 to 1616 W. Adams. Notice has been given to the landlord.

   Enforcement:

   • The staff continues to review new complaints being filed as well as the status of the other matters still under review.

3. Move to public comment by Commissioner Detrick. Seconded by Commissioner Lemon. Motion carried.
   • Marc Spitzer addressed his opinions to the Commission regarding his concern with the conduct of the Commission in handling the Matt Salmon enforcement matter. Mr. Spitzer stated that he is an advocate of the Citizens Clean Elections however has some concerns with regards to the public's faith in the Commission.

4. Consideration and Approval of Preliminary Audit Report in MUR No. 02-0036, Matt Salmon Debbie Tobin from, Field, Sarvas, King & Coleman, P.C., has found that in her professional opinion, there were no deliberate attempts to not report expenditures. Reports appeared to be in chronological order and the records were found to be complete. Given this information, Commissioner Detrick moved to accept the Preliminary Audit Report. Commissioner Lemon seconded. Commissioner Jolley recused herself from this matter. Motion carried.

5. Consideration and Approval of Probable Cause Finding and Assessment of Civil Penalties in MUR No. 02-0009, Scott Steingard

   Todd Land reviewed with the Commission the proposed settlement in the matter of Scott Steingard. Upon discussion of findings along with the consideration of his opponent's belief that he was not affected by the failure to have matching funds, Mr. Lang recommended that the Commission accept the proposed settlement of for a $2000. civil penalty.

   Commissioner Lemon moved to approve. Commissioner McKay seconded. Motion carried.

6. Legal Report from Assistant Attorney General Todd Lang
   • Filed the amicus brief regarding the 5th Circuit's ruling in Chamber of Commerce vs. Moore
   • Continue to work on enforcement actions involving delays in matching funds.
   • Have settled the Rep. Carolyn Allen enforcement matter.

7. Agenda Items for the Next Meeting
   • Next Meeting: November 19, 2002, 9:30 a.m., Citizens Clean Elections Commission, 4001 N. 3rd Street, Suite 200, Phoenix, AZ 85012.

8. Adjournment:

   Commissioner Lemon moved to adjourn the Commission meeting, Commissioner McKay seconded. Motion carried.

Dated this 22^nd day of October, 2002

Citizens Clean Elections Commission