STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

CONCILIATION

AGREEMENT

In the matter of the Brett Smith Supporters Committee (#15492);

 

Pursuant to Minn. Stat. 10A.28, subd. 3, the Campaign Finance and Public Disclosure Board and Brett Smith hereby agree as follows:

 

1. During 2002, the Brett Smith Supporters Committee accepted $5,693.24 in contributions from special sources. These sources include registered lobbyists from whom the Committee accepted $375, political committees or political funds from which the Committee accepted $4,318.24, and large givers, as defined in Minn. Stat. 10A.27, subd. 11, from whom the Committee accepted $1,000. The total amount of these contributions exceeded by $217.24 the applicable limit on aggregate contributions from special sources, which for this candidate was $5,476. The amount of the excess contributions was not returned to the contributors within 60 days as required by Minn. Stat. 10A.15, subd. 3.

 

2. During election year 2002, the Brett Smith Supporters Committee made campaign expenditures of $30,317.14, which exceeded the applicable $30,118 expenditure limit, as set out in Minn. Stat. 10A.25, subd. 2, (5), and 10A.255, by $199.43.

 

 

3. On April 15, 2003, David Stevens, treasurer, stated: "exceeding the spending limit occurred because of the late submission of a bill for a fundraising event. The entire amount was mistakenly listed as a non-campaign disbursement. I see that postage and advertising for a fundraiser are not part of NCD [non-campaign disbursements]." Mr. Stevens further stated "neglecting to include Joel Carlson's contribution in the lobbyist category was an oversight." Mr. Stevens indicated that an amount sufficient to bring the Committee into compliance had been returned, and provided the Board with a copy of the check returning the contribution. In addition, Mr. Stevens paid $416.67, for anticipated civil penalties.

 

4. Board records show that this is the first calendar year in which the Brett Smith Supporters Committee reported acceptance of contributions which exceeded the applicable aggregate contribution limit. Board records show that this is the first calendar year in which the Brett Smith Supporters Committee reported campaign expenditures that exceeded the applicable spending limit. The Brett Smith Supporters Committee registered with the Board on October 30, 2001.

 

5. The parties agree that the Brett Smith Supporters Committee accepted excessive contributions from special sources resulting in an inadvertent violation of Minn. Stat. 10A. 27, subd. 11, in calendar year 2002.

 

6. The parties agree that the Brett Smith Supporters Committee made excessive campaign expenditures resulting in an inadvertent violation of Minn. Stat. 10A.25, subd. 2 and 10A.255, in calendar year 2002.

 

7. The Board imposes one civil penalty of $217.24, one times the amount by which the contributions exceeded the applicable limit, to be paid to the Board for deposit in the general fund of the state. The Board imposes an additional civil penalty of $398.86, two times the amount by which the campaign expenditures exceeded the applicable expenditure limit, to be paid to the Board for deposit in the general fund of the state.

 

8. Brett Smith hereby agrees to forward to the Board an additional $199.43 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 payment of the remaining civil penalty of $199.43, and this Conciliation Agreement will be a bar to any civil proceeding under Minn. Stat. 10A.28, subds. 3 & 4.

 

9. It is further understood and agreed, however, that if the remaining civil penalty of $199.43 is not paid within the time specified in paragraph 8 above, then Brett Smith will be personally liable to pay a civil penalty, under Minn. Stat. 10A.28 and 10A.34, subd. 1, in an amount calculated as follows:

 

(a)   $598.29 or three times the amount by which the expenditures exceeded the statutory limit, if payment is received 31 to 60 days after the date this Agreement is signed by the Board Chair.

 

(b)   $797.72 or four times the amount by which the expenditures exceeded the statutory limit, if payment is received 61 to 120 days after the date this Agreement is signed by the Board Chair.

 

10. It is further understood that if the civil penalty is not paid as agreed within the times specified in paragraphs 8 and 9 above, the Board will proceed to enforce the provisions of Minn. Stat. 10A.28, subd. 4.

 

11. It is further understood and agreed that this Agreement is confidential until signed by Brett Smith 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: 5/20/03

Brett Smith

 

 

Approved by the Campaign Finance and Public Disclosure Board

 

 

By Dated: 5/23/03

Clyde Miller, chair

Campaign Finance and Public Disclosure Board