1. Chairperson Jones called the meeting to order at approximately 9:31 a.m.
    
   
2. Meeting Minutes.

   Commissioner Lemon moved to approve the October 22, 2002 minutes, seconded by Commissioner McKay. Motion carried.

3. Executive Director's Report:
   • $12,794,864 was disbursed for the 2002 Primary and General elections.
   • Fund balance through October 2002 was $6.5 million dollars.
   • Executive Director, Colleen Connor met with Secretary of State-elect, Jan Brewer regarding the Commission's role with the Secretary of State's office to ensure a smooth transition.
   • Ms. Connor discussed with Warren Whitney, Assistant Secretary of State the possibility of organizing a committee to discuss changes and improvements to the Clean Elections Act.
   • After the Thanksgiving holiday staff is planning to advertise for the Deputy Director position.
   • Staff is preparing to advertise for the voluntary tax donations and the $5 check off.
   • Troy Corder will continue to be the Commission's contact person with CPR and Carlton Hawkins will be the new contact person at L3 Creative.
   • Governor-elect Janet Napolitano will make the next appointment for CCEC Commissioner. Paula Ortiz is working with Mike Haener, from Governor-elect Napolitano's staff, to start recruitment and advertising for the 2003 Commissioner appointment.
   • Staff is working on the 2003 budget projections and possible legislative changes.
   • The U.S. Supreme Court denied the petition for certiorari filed regarding Chamber vs. Moore.
   • Plans are ongoing for the move to the 1616 W. Adams building in March or April 2003.
   • Cecilia Martinez resigned as the Executive Director of the Clean Elections Institute.

4. Consideration of Preliminary Audit Reports from Random Sample of Participating Candidates' June 30th Campaign Finance Reports.

   The accounting firm of Field, Sarvas, King & Coleman concluded audits on eight randomly selected candidates' campaign records for completeness and accuracy. Their findings included, among other things, that all eight candidates needed additional training on the reporting requirements. The candidates will have 30-days to respond to the preliminary audit reports findings. Commissioner Lemon moved to approve the preliminary audit reports. Commissioner Jolley seconded. Motion carried.

5. Consideration of Enforcement Matters:
   1. Reason to Believe:
       
      
      1. MUR No.: 02-0029, Sharon Collins- Reason to believe Sharon Collins, candidate for Secretary of State, accepted an in-kind contribution of $1,865 from an individual in excess of the $110 individual contribution limit. Commissioner Lemon moved to accept the reason to believe a violation occurred. Commissioner McKay seconded. Motion carried.
      2. MUR No.: 02-0030, Rod Rich- Reason to believe Rod Rich, candidate for Superintendent of Public Instruction, violated the early contribution limit by encumbering debt above the personal money contribution limit. Commissioner McKay moved to accept the reason to believe a violation occurred. Commissioner Detrick seconded. Motion carried.
      3. MUR No.: 02-0062, Debra Brimhall- Reason to believe Debra Brimhall, candidate for State House Representative, District 5 exceeded the personal money contribution limit. Commissioner Detrick moved to accept the reason to believe a violation occurred. Seconded by Commissioner McKay. Motion carried.
      4. MUR No.: 02-0058, Trevor Clevenger- Reason to believe Trevor Clevenger, candidate for State House Representative, District 17, used public funds to make expenditures that were not directly related to his campaign. Staff recommended that the respondent's campaign records be audited. Commissioner McKay moved to accept the reason to believe a violation occurred. Commissioner Detrick seconded. Motion carried.
      5. MUR No.: 02-0059, Yuri Downing- Reason to believe Yuri Downing, candidate for State Senate, District 17, used public funds to make expenditures that were not directly relate to his campaign. Staff recommended that the respondent's campaign records be audited. Commissioner McKay moved to accept the reason to believe a violation occurred. Seconded by Commissioner Detrick. Motion carried.
      6. MUR No.: 02-0060, Paul DeDonati- Reason to believe Paul DeDonati, candidate for State House Representative, District 17, used public funds to make expenditures that were not directly related to his campaign. Staff recommended that the respondent's campaign records be audited. Commissioner McKay moved to accept the reason to believe a violation occurred. Seconded by Commissioner Detrick. Motion carried.
      7. MUR No.: 02-0072, Mark Clark- Reason to believe Mark Clark, candidate for State House of Representative, District 23, exceeded the personal money contribution limit. Commissioner McKay moved to accept the reason to believe a violation occurred. Commissioner Detrick seconded. Commissioner Lemon abstained. Motion carried.
      
       
      
   2. Proposed Settlement Agreements:
       
      
      1. MUR No.: 02-0049, Gabrielle Giffords- Gabrielle Giffords, a nonparticipating candidate for State Senate District 28, failed to file supplemental expenditure reports. Assistant Attorney General Todd Lang recommended a $1000 settlement due to the fact that Ms. Giffords had no participating primary opponents, her failure to file was unintentional, and that Ms. Giffords' staff was cooperative in this matter. Commissioner Lemon moved to accept the proposed settlement. Commissioner Detrick seconded. Motion carried.
      2. MUR No.: 02-0040, Carolyn Allen- Carolyn Allen, a nonparticipating candidate for State Senate District 8, failed to the original expenditure report and a supplement expenditure report. In addition, she failed to include a $500 expenditure in her second supplement report. Assistant Attorney General, Todd Lang recommended a $500 settlement due to the fact that Ms. Allen reported the violation to the Commission staff, she had no participating primary opponents, and she fully cooperated in this matter. Commissioner Lemon moved to accept the proposed settlement. Commissioner Detrick seconded. Motion carried.

6. Legal Report from Assistant Attorney General Todd Lang
   • The U.S Supreme Court declined to review Chamber vs. Moore.
   • Arizona Right to Life Group has filed a lawsuit against the Secretary of State and the Attorney General regarding the independent expenditure and express advocacy statutes.
   • Governor-elect Janet Napolitano will be appointing the new Commissioner.

7. Call for Public Comment.
   • Barbara Lubin announced she is the new Executive Director for the Clean Elections Institute.

8. Agenda Items for the Next Meeting
   • Next Meeting: December 10, 2002 at 9:30 a.m., Citizens Clean Elections Commission, 4001 N. 3rd Street, Suite 200, Phoenix, AZ 85012.

9. Adjournment
   • Commissioner Lemon moved to adjourn the meeting. Commissioner Jolley seconded. Motion carried.

Dated this 21^st day of November, 2002

Citizens Clean Elections Commission