STATE
OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC
DISCLOSURE BOARD
CONCILIATION
AGREEMENT
In
the matter of the Chaudhary for Senate Committee (#15250);
Pursuant
to Minn. Stat. §10A.28, subd. 3, the Campaign Finance and Public Disclosure
Board (“the Board”) and Senator Satveer Chaudhary hereby agree as follows:
1. During calendar year 2002, the Chaudhary
Committee accepted aggregate contributions from the Police Officers Federation
of Minneapolis Contingency Fund which cumulatively exceeded the $500 election
year limit for a political committee contribution as set out in Minn. Stat.
§10A.27, subd. 1(a)(4). The
contribution exceeded the applicable limit by $250. The amount of the excess contribution was not returned by the
committee within 60 days as required by Minn. Stat. §10A.15, subd. 3.
2. In a letter dated November 20, 2003, Dee
Drier, treasurer, stated “the committee…did accept $750 from the Police
Officers of Minneapolis Contingency Fund, believing $500 was to be attributed
to the Police Officers Alliance of Minnesota Political Action Fund. I believed that contributions to be from two
different organizations.”
3. The Chaudhary for Senate Committee
registered with the Board on April 5, 2000.
This is the first calendar year in which the Chaudhary for Senate
Committee reported acceptance of a contribution that exceeded the applicable
contribution limit.
4. The parties agree that the Chaudhary for
Senate Committee accepted a cumulatively excessive contribution in calendar
year 2002, resulting in an inadvertent violation of Minn. Stat. §10A. 27, subd.
1(a)(4).
5. Senator Chaudhary agrees to return $250 to
the Police Officers Federation of Minneapolis Contingency Fund within thirty
days after the date this Conciliation Agreement is signed by the Board
chair. Senator Chaudhary also agrees to
provide the Board with a copy of the check and accompanying letter returning
the contribution within thirty days after the date this Conciliation Agreement
is signed by the Board chair.
6. The Board imposes a civil fine totaling
$250 to be paid to the Board for deposit in the general fund of the state. This civil fine represents one times the
amount by which the contribution exceeded the applicable contribution limit.
7. Senator Chaudhary hereby agrees to forward
to the Board $250 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 copies
of the checks and accompanying letters returning the contributions, payment of
the civil fine of $250, and this Conciliation Agreement will be a bar to any
civil proceeding under Minn. Stat. §10A.28, subds. 3 and 4.
8. 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 Senator Chaudhary 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) $500, two 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)
$750, three times the
amount by which the contribution exceeded the statutory limit, if payment is
received 61-90 days after the date this Agreement is signed by the Board Chair;
(c)
$1,000, four times the
amount by which the contribution exceeded the statutory limit, if payment is
received 91-120 days after the date this Agreement is signed by the Board
chair.
9. It
is further understood that if the civil fine is not paid as agreed, within the
times specified in paragraphs 7 and 8 above, the Board will proceed to enforce
the provisions of Minn. Stat. §10A.28, subd. 4.
10. It
is further understood and agreed that this Agreement is confidential until
signed by Senator Chaudhary 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: 1/29/04
Senator
Satveer Cahudhary
Approved
by the Campaign Finance and Public Disclosure Board
By Wil Fluegel
Chair, Campaign Finance and Public
Disclosure Board