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