STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
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
Approved by the Campaign Finance and Public Disclosure Board
By Dated: September 17, 2003
Chair, Campaign Finance and Public Disclosure Board