STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

CONCILIATION

AGREEMENT

 

In the matter of the Gary Iocco for Senate Committee (#15663):

 

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

 

1. In response to a Board inquiry, Gwen Vangness, treasurer, notified the Board by letter dated November 20, 2003, that the Gary Iocco for Senate committee accepted aggregate contributions totaling $5,518.07 from committees of the Republican Party of Minnesota during calendar year 2002. The total amount of these contributions exceeded by $518.07 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. In her November 20, 2003, letter Ms. Vangness stated "Gary Iocco for State Senate did accept an in-kind contribution from the Winona County RPM that was not previously disclosed…there was no intent to deceive."

 

3. Board records show that this is the first calendar year in which the Gary Iocco for Senate committee reported acceptance of contributions in excess of the applicable political party limit. The Gary Iocco for Senate committee registered with the Board on April 11, 2002.

 

4. The parties agree that the Gary Iocco for Senate committee accepted cumulatively-excessive contributions from committees of the Republican Party of Minnesota in calendar year 2002 resulting in an inadvertent violation of Minn. Stat. 10A.27, subd 2.

 

5. Gary Iocco agrees to return $518.07 to contributing committees of the Republican Party of Minnesota within 30 days after the date this Conciliation Agreement is signed by the Board Chair. Mr. Iocco also agrees to forward copies of the checks and the accompanying letters to the Board within 30 days after the date this Conciliation Agreement is signed by the Board chair.

 

6. The Board imposes a civil fine of $518.07, 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. Gary Iocco hereby agrees to forward to the Board $518.07 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 copies of the checks returning the contributions, payment of the civil fine of $518.07, 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 Gary Iocco 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) $1,036.14, 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) $1,554.21, 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) $2,072.28, 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 checks 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 Gary Iocco 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: 1/14/04

Gary Iocco

 

 

Approved by the Campaign Finance and Public Disclosure Board

 

 

 

By Dated: 1/21/04

Wil Fluegel, chair

Campaign Finance and Public Disclosure Board