STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE
BOARD
CONCILIATION
AGREEMENT
In the matter of the Lynne Osterman Committee (#14822):
Pursuant to Minn. Stat. §10A.28, subd. 3, the Campaign
Finance and Public Disclosure Board (“the Board”) and Representative T. Lynne
Osterman hereby agree as follows:
1. On July 9,
2003, in response to a Board inquiry, Representative Osterman notified the
Board that the Lynne Osterman Committee accepted aggregate contributions
totaling $5,400 from committees of the Republican Party of Minnesota and $600
from terminating principal campaign committees. The contributions received from terminating principal campaign
committees were received after August 1, 2002.
As of August 1, 2002, contributions from terminating principal campaign
committees are counted as contributions from a political party unit. The total amount of these contributions
exceeded by $1,000 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 by Minn. Stat. §10A.15, subd. 3.
2. On July 9,
2003, Representative Osterman provided the Board with a copy of a check and
accompanying letter returning $400 to the 45th Senate District RPM,
and a check to the Board for an anticipated $400 civil penalty. On October 2, 2003, Representative Osterman
sent a letter acknowledging that after August 1, 2002, the committee also
accepted $600 in contributions from terminating principal campaign committees,
resulting in an inadvertent violation of Minn. Stat. §10A.27, subd. 2
3.
Board records show that this is the second calendar year in which the
Lynne Osterman Committee reported acceptance of contributions in excess of the
applicable political party limit. The
Lynne Osterman Committee has been registered with the Board since September 12,
1997.
4. The parties agree that the Lynne Osterman Committee
accepted cumulatively-excessive contributions from committees of the Republican
Party of Minnesota and terminating principal campaign committees in calendar
year 2002 resulting in an inadvertent violation of Minn. Stat. §10A.27, subd 2.
5. Representative
Osterman agrees to return $600 to contributing committees of the Republican
Party of Minnesota. Representative
Osterman also agrees to forward a copy of the checks and accompanying letters
returning $600 to committees of the Republican Party of Minnesota within 30
days after the date this Conciliation Agreement is signed by the Board Chair.
6. The Board
imposes a civil penalty of $800, two times the amount by which the
contributions from committees of the Republican Party of Minnesota exceeded the
applicable limit, to be paid to the Board for deposit in the general fund of
the state.
7. Having already
delivered a check for $400, Representative Osterman hereby agrees to forward to
the Board an additional $400 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 remaining civil penalty
of $400, 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 penalty is not paid in the
time specified in paragraph 7 above, then Representative Osterman 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)
$1,200 or three times 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)
$1,600, or four times the amount by which the contributions exceeded the
statutory limit, if payment is received 61 to 120 days after the date this
Agreement is signed by the Board Chair.
9. It is further
understood that if copies of the checks showing the return of the excess
contributions within the time specified in paragraph 5 above, or 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
Representative Osterman 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: November 17, 2003
Representative Lynne Osterman
Approved by the Campaign Finance and Public Disclosure
Board
By Dated: November 19, 2003
Clyde Miller,
chair
Campaign
Finance and Public Disclosure Board