PSC vice chairman fined for ethics violations

The judge, John Gatto, wrote in the order "none of the violations were election-sensitive reporting violations and therefore do not warrant severe penalties since they did not have a great potential impact on the integrity of the election process."

McDonald also complained about the time it took to resolve the case — seven years.

"This case is a perfect example of why statute[s] of limitations are appropriate," McDonald wrote.

Gatto's order referenced the time delay but did not explain it beyond writing that McDonald's case had been dormant for four years and was revived only when newly-constituted Ethics Commission Board was in place.

The Ethics Commission opened a case against McDonald in June 2004 after he filed several campaign spending reports late. The 2002 year-end campaign spending report was seven weeks late and then McDonald filed late two reports in 2003 and two more in 2004.

Gatto, the hearing officer, also wrote in his order filed Wednesday he found several mistakes and omissions in those reports.

For example, the final 2002 report indicated McDonald had no money in his campaign account. Bank records, however, reflected an $8,000 balance.

Gatto also found McDonald failed to document 80 individual contributions in totalling $46,000 and 14 expenditures totaling $76,000 in 2002 reports. He accounted for the omissions in an amended report submitted May 25, 2005.

McDonald did not contest Gatto's findings. He only objected to the size of the fine.

McDonald, a Republican appointed to the PSC in 1998, lost the office in 2002 general election to Angela Speir. He reclaimed the office last year by defeating Democrat Jim Powell, who ran after Spier declined to seek reelection.