STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
In the matter of the Senator (James) Metzen Re-election Committee:
Pursuant to Minn. Stat. 10A.28, subd. 3, the Campaign Finance and Public Disclosure Board and Senator James Metzen hereby agree as follows:
1. During 2002, the Senator (James) Metzen Re-election Committee accepted $11,300 in contributions from special sources. These sources include registered lobbyists from whom the Committee accepted $2,400 and political committees or political funds from which the Committee accepted $8,900. The total amount of these contributions exceeded by $352 the applicable limit on aggregate contributions from special sources, which for this candidate was $10,948. The amount of the excess contributions was not returned to the contributors within 60 days as required by Minn. Stat. 10A.15, subd. 3.
2. By letter received May 30, 2003, Paul Rogosheske, treasurer, in regard to two contributions received from lobbyists stated "our office acknowledges these receipts in excess of the special interest limit. These receipts were accepted in error—they were accepted as contributions from individuals."
3. Board records show that this is the second calendar year in which the Senator (James) Metzen Re-election Committee reported acceptance of contributions which exceeded the applicable aggregate contribution limit. The Senator (James) Metzen Re-election Committee registered with the Board on March 17, 1986.
4. The parties agree that the Senator (James) Metzen Re-election Committee accepted excessive contributions from special sources resulting in an inadvertent violation of Minn. Stat. 10A. 27, subd. 11, in calendar year 2002.
5. Senator Metzen hereby agrees to return to donors of the contributions, described in paragraph one, $352. Copies of the checks and the accompanying letters returning the contributions must be forwarded to the Board within 30 days after the date this Conciliation Agreement is signed by the Board Chair.
6. The Board imposes a civil penalty of $704, two 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. Senator Metzen hereby agrees to forward to the Board $704 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 the accompanying letters returning the contributions, payment of the civil penalty of $704, and this Conciliation Agreement will be a bar to any civil proceeding under Minn. Stat. 10A.28, subds. 3 & 4.
8. It is further understood and agreed, however, that if the excess amount is not returned as specified in paragraph 5 above, or the civil penalty of $704 is not paid within the time specified in paragraph 7 above, then Senator Metzen will be personally liable to pay a civil penalty, under Minn. Stat. 10A.28 and 10A.34, subd. 1, in an amount calculated as follows:
(a) $1,056 or three times the amount by which the contributions exceeded the statutory limit, if payment is received 31 to 90 days after the date this Agreement is signed by the Board Chair;
(b) $1,408 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 if the contributions are not returned within the time specified in paragraph 5 above, and the civil penalty 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 Metzen 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.
Senator James Metzen
Approved by the Campaign Finance and Public Disclosure Board
By Dated: 7/14/03
Clyde Miller, chair
Campaign Finance and Public Disclosure Board