STATE OF MINNESOTA
CAMPAIGN FINANCE AND
PUBLIC DISCLOSURE BOARD
CONCILIATION
AGREEMENT
In
the matter of the Dick Borrell for 19B (#15687);
Pursuant
to Minn. Stat. §10A.28, subd. 3, the Campaign Finance and Public Disclosure
Board and Representative Dick Borrell hereby agree as follows:
1. During calendar year 2003, the Dick Borrell
for 19B Committee accepted a contribution which facially exceeded the $100
non-election year limit for a political committee contribution as set out in
Minn. Stat. §10A.27, subd. 1(a)(5). The
contribution exceeded the applicable limit by $50. The amount of the excess contribution was returned by the
committee, but not within 60 days as required by Minn. Stat. §10A.15, subd. 3.
2. In a letter dated June 24, 2003, Representative
Borrell stated “On April 17, 2003, our committee received a contribution over
the $100 limit for 2003. On June 23,
2003, when we realized this we promptly refunded the excess $50.”
3. The (Dick) Borrell for 19B Committee
registered with the Board on May 7, 1997.
This is the first calendar year in which the (Dick) Borrell for 19B
Committee reported acceptance of a contribution that exceeded the applicable
contribution limit.
4. The parties agree that the (Dick) Borrell
for 19B Committee accepted a facially-excessive contribution in calendar year
2003, resulting in an inadvertent violation of Minn. Stat. §10A. 27, subd.
1(a)(5).
5. The Board imposes a civil fine totaling
$100 to be paid to the Board for deposit in the general fund of the state. The civil fines represent two times the
amount by which the contribution exceeded the applicable contribution limit.
6. Representative Borrell hereby agrees to
forward to the Board $100 by check or money order payable to the STATE OF
MINNESOTA within 30 days after the date this Agreement is signed by the Board
chair. It is agreed by the parties that
the payment of the civil fine of $100, and this Conciliation Agreement will be
a bar to any civil proceeding under Minn. Stat. §10A.28, subds. 3 and 4.
7. It is further understood and agreed, however,
that if the civil fine of $100 is not paid within the time specified in paragraph
6 above, then Representative Borrell will be personally liable to pay a civil
fine, under Minn. Stat. §§10A.28 and 10A.34, subd. 1, in an amount calculated
as follows:
(a) $150, three times the amount by which the
contribution exceeded the statutory
limit, if payment is received 31 to 60 days after the date this
Agreement is signed by the
Board Chair;
(b)
$200, four times the amount
by which the contribution exceeded the statutory limit, if payment is received
later than 61 days after the date this Agreement is signed by the Board Chair;
8. It
is further understood that if the civil fine is not paid as agreed, within the
times specified in paragraphs 6 and 7 above, the Board will proceed to enforce
the provisions of Minn. Stat. §10A.28, subd. 4.
9. It
is further understood and agreed that this Agreement is confidential until
signed by Representative Borrell and the Board Chair; the signed Agreement
then shall become a matter of public record, and the statutory requirement
of confidentiality shall no longer apply.
Minn. Stat. §§10A.02, subd. 11 and 10A.28, subd. 3.
Dated: September
8, 2003
Representative
Borrell
Approved
by the Campaign Finance and Public Disclosure Board
By
Dated: September
17, 2003
Clyde Miller
Chair,
Campaign Finance and Public Disclosure Board