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The guidance letter

Office of Campaign and Political Finance · from OCPF · released Jul 11, 1996 · 2 pages · 59 KB
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THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF CAMPAIGN & POLITICAL FINANCE

ONE ASHBURTON PLACE. ROOM 411
BOSTON. MASSACHUSETTS 02108
(617) 727-8352
(800) 462-OCPF

MICHAEL J. SULLIVAN
DIRECTOR

July 11, 1996
Gl: 96-25"
Jordan H, F. Fiore
Attorney at Law
63 Winthrop Street

P.O. Box 2331
Taunton, MA 02780

Dear Mr. Fiore:

I received your fax after I had already responded to your
earlier letter and our telephone conversation. Hence, this
second letter. You have asked if a member of Taunton's local
board of registrars, who is paid a "stipend," may serve as’
treasurer. For the reasons set forth below, this office would
advise against serving in both positions.

M.G.L. c. 55, s. 13 provides that no person "employed for
compensation" may directly or indirectly, solicit or receive
contributions or other things or value for the political
campaign purposes of any candidate or for any political purpose
whatsoever. By its terms, section 13 does not apply to elected
officials. .

Since 1990, the office has advised that a person employed
for any amount of compensation by the commonwealth or one of
its subdivisions is subject to section 13. See AO-94-06,
AO-92-01, AO-90-10 and AO-90-05. M.G.L. c. 51, 8s. 23 also
provides that a registrar shall "receive such compensation as
the . . . selectmen may determine. -. . (emphasis supplied).

The office realizes that such advice imposes harsh
consequences on certain individuals which the legislature may
not have intended. A small amount of compensation, it may be
argued, should not subject an individual.to the restrictions
imposed by section 13. Prior to 1990, this office had a very
different approach to this issue, ruling that a "de minimus"
payment did not constitute "compensation" for purposes of
section 13. See AO-88-18 ($1,000 was "de minimus") and
AO-89-10 ($200 was "de minimus"). In fact, in AO-89-10, the
office concluded in an advisory opinion that a $200 payment
received by the chairperson of a board of registrars was not
compensation. The 1990 advisory opinions, however, effectively
overruled OCPF's previous guidance.

Notwithstanding the arguments supporting the office's
pre-1990 position, we are concerned that determining what, if
any amount, constitutes "de minimus" compensation, absent
further guidance, is somewhat arbitrary. Is $200 or $1,000 per
year "compensation" or should the threshold amount be raised to

gordan H. F. Fiore
July 11, 1996
Page 2

$2,500 or $5,000? In addition, since the legislature has used
the term "compensation" in both section 13 of chapter 55 and
section’ 23 of chapter 51, should this office focus on an
arguably arbitrary amount rather than the: statute's language?

For these reasons, we would advise against a compensated
member of a board of registrars serving as treasurer of a
political committee pending further clarification of section 13
by the legislature.

If you have further questions regarding this matter or any
other campaign finance matter, please do not -hesitate to
contact this office. :

Sincerely, ,

“ptr tanger

Peter Sturges
General urges 0?