STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE
BOARD
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