STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

CONCILIATION

AGREEMENT

 

In the matter of the Melissa Hortman Campaign Committee (#15677)

 

Pursuant to Minn. Stat. 10A.28, subd. 3, the Campaign Finance and Public Disclosure Board and candidate Melissa Hortman hereby agree as follows:

 

1. In calendar year 2002 the Melissa Hortman Campaign Committee accepted $5,460.91 in cash and in-kind contributions from the candidate, Melissa Hortman. These contributions exceeded by $460.91 the applicable $5,000 contribution limit from a candidate for state representative, as set out in Minn. Stat. 10A.27, subd. 10.

 

2. By letter dated October 6, 2003, Ms. Hortman, stated "I am writing to notify the Board that my campaign committee, 15677, inadvertently exceeded the limit for aggregate contributions by the candidate by $460.91."

 

3. The Melissa Hortman Campaign Committee has been registered with the Board since April 17, 2002.

 

4. The parties agree that the Melissa Hortman Campaign Committee accepted contributions in calendar year 2002 that in aggregate exceeded the applicable contribution limit by $460.91, resulting in an inadvertent violation of Minn. Stat. 10A.27, subd. 10.

 

5. The Board orders the Melissa Hortman Campaign Committee to return $460.91 to the candidate, and to provide the Board with a copy of the check, and accompanying letter, returning $460.91 to the candidate.

 

6. The Board imposes a civil penalty of $460.91; one times the amount by which the contributions exceeded the applicable contribution limit, to be paid to the Board for deposit in the general funds of the state.

 

7. Ms. Hortman hereby agrees to forward to the Board $460.91 by check or money order payable to the STATE OF MINNESOTA within 30 days after the date this Conciliation Agreement is signed by the Board Chair. It is agreed by the parties that providing the Board with a copy of the check and accompanying letter returning $460.91 to the candidate, payment of this civil penalty by the date specified, and this Conciliation Agreement will be a bar to any civil proceedings under Minn. Stat. 10A.28, subd. 4.

 

8. It is further understood and agreed, however, that if the civil penalty is not paid within the time specified in paragraph 7 above, then Melissa Hortman will be personally liable to pay a civil penalty, under Minn. Stats. 10A.28 and 10A.34, subd. 1, in an amount calculated as follows:

 

(a)   $921.82, two times the amount by which the contribution exceeded the statutory limit, if payment is received 31 to 60 days after the date this Agreement is signed by the Board Chair,

 

(b)   $1,382.73, three times the amount by which the contribution exceeded the statutory limit, if payment is received 61 to 90 days after the date this Agreement is signed by the Board Chair;

 

(c)   $1,843.64, four times the amount by which the contribution 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 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. This Agreement is confidential until signed by Melissa Hortman 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:11/7/03

Melissa Hortman

 

 

Approved by the Campaign Finance and Public Disclosure Board

 

By Dated:11/14/03

Clyde Miller, Chair

Campaign Finance and Public Disclosure Board