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