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