STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

CONCILIATION

AGREEMENT

 

In the matter of the (Erick) Harper for Senate Committee (#15635):

 

Pursuant to Minn. Stat. 10A.28, subd. 3, the Campaign Finance and Public Disclosure Board ("the Board") and Erick Harper hereby agree as follows:

 

1. On February 4, 2003, Gay Rupp, treasurer notified the Board that the (Erick) Harper for Senate committee accepted aggregate contributions totaling $5,416.11 from committees of the Republican Party of Minnesota and terminating principal campaign committees. The contributions received from terminating principal campaign committees were received after August 1, 2002. The total amount of these contributions exceeded by $416.11 the applicable $5,000 contribution limit, as set out in Minn. Stat. 10A.27, subd. 2. The excess amount of the contributions was not returned to the contributors within 60 days as required in Minn. Stat. 10A.15, subd. 3.

 

2. Ms. Rupp stated "in preparation of the year end report, I discovered that we are over the limit for contributions from political party units in the amount of $416.11. We will return this amount to party units and pay the civil fine assessed." On February 18, 2003, Ms. Rupp provided the Board with a copy of a letter sent with a check for $416.11 to the Lac qui Parle County RPM (#20319). Ms. Rupp did not provide a copy of the check.

 

3. Board records show that this is the first calendar year in which the (Erick) Harper for Senate committee reported acceptance of contributions in excess of the applicable political party limit. The (Erick) Harper for Senate committee has been registered with the Board since April 2, 2002.

 

4. The parties agree that the (Erick) Harper for Senate committee accepted cumulatively-excessive contributions from committees of the Republican Party of Minnesota and terminating principal campaign committees in calendar year 2002 resulting in an inadvertent violation of Minn. Stat. 10A.27, subd 2.

 

5. Erick Harper agrees to forward a copy of the check returning the contribution to the Lac qui Parle County RPM within 30 days after the date this Conciliation Agreement is signed by the Board Chair.

 

6. The Board imposes a civil fine of $416.11, 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.

 

7. Erick Harper hereby agrees to forward to the Board $416.11 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 a copy of the check returning the contribution, payment of the civil fine of $416.11, 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 is not paid in the time specified in paragraph 7 above, then Erick Harper 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) $832.22, or twice the amount by which the contributions exceeded the statutory limit, if payment is received 31 to 60 days after the date this Agreement is signed by the Board Chair;

 

(b) $1,248.33, or three times the amount by which the contributions exceeded the statutory limit, if payment is received 61 to 90 days after the date this Agreement is signed by the Board Chair;

 

(c) $1,664.44, or four times the amount by which the contributions exceeded the statutory limit, if payment is received 91 to 120 days after the date this Agreement is signed by the Board Chair.

 

9. It is further understood that a copy of the check showing the return of the excess contribution within the time specified in paragraph 5 above, or 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 Erick Harper 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:2/24/03

Erick Harper

 

 

Approved by the Campaign Finance and Public Disclosure Board

 

 

 

By Dated:2/24/03

Clyde Miller, chair

Campaign Finance and Public Disclosure Board