STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

CONCILIATION

AGREEMENT

In the matter of the Volunteers for Betty Folliard Committee, #13421 44A.

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

1. During a routine reconciliation audit of contributions received within the period of January 1, through December 31, 2000, it was disclosed that the Volunteers for Betty Folliard Committee accepted $6,025 in contributions from special sources. These sources include registered lobbyists from whom the Committee accepted $475, and political committees or political funds from which the Committee accepted $5,550. The total amount of these contributions exceeded by $961 the applicable limit on aggregate contributions from special sources, which for this candidate, was $5,064. 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. In a memorandum dated July 27, 2001, Billee Kraut, treasurer, stated, "We have found an error in our Campaign 2000 Report of Receipts and Expenditures. Thank you for bringing this to our attention in your letter dated July 17, 2001. We will reimburse the Fon du Lac Committee for $500 and the Mah Mah Wi No Min-1 for $500 to keep us within the PAC limit. We apologize for our oversight."

3. On August 1, 2001, the Volunteers for Betty Folliard Committee returned to contributors $1,000, an amount sufficient to bring the Volunteers for Betty Folliard Committee into compliance with Minn. Stat. 10A.27, subd. 11.

4. Board records show that this is the first calendar year in which the Volunteers for Betty Folliard Committee reported acceptance of contributions which exceeded the applicable aggregate contribution limit as set out in Minn. Stat. 10A.27, subd. 11. The Volunteers for Folliard registered with the Board on February 13, 1996.

5. The parties agree the Volunteers for Betty Folliard Committee accepted excessive contributions from special sources resulting in an inadvertent violation of Minn. Stat. 10A.27, subd. 11, during calendar year 2000.

6. On August 3, 2001, the Board received copies of the checks returning contributions to the contributors. The total amount returned, $1,000, is sufficient to bring the Volunteers for Betty Folliard Committee into compliance with Minn. Stat. 10A.27, subd. 11.

7. The Board imposes a civil fine of $961, one 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.

8. Betty Folliard hereby agrees to forward to the Board $961 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 returning the contributions, payment of the civil fine of $961, and this Conciliation Agreement are a bar to any civil proceeding under Minn. Stat. 10A.28, subds. 3 & 4.

9. It is further understood and agreed, however, that if the civil fine of $961 is not paid within the time specified in paragraph 8 above, then Betty Folliard will be liable to pay a civil fine, under Minn. Stat. 10A.28 and 10A.34, subd. 1, in an amount calculated as follows:

(a) $1,922, or two 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) $2,883, or three times the amount by which the contributions exceeded the statutory limit, if payment is received 61 to 90 days after the date this Agreement is signed by the Board chair;

(c) $3,844, 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.

10. It is further understood and agreed that if the civil fine is not paid within the time specified in paragraph 8 above, then pursuant to Minn. Stat. 10A.34, subd. 1, Betty Folliard shall be personally liable for the penalty described in paragraph 9 above.

11. It is further understood that if the civil fine is not paid within the times specified in paragraphs 8 and 9 above, the Board will proceed to enforce provisions of Minn. Stat. 10A.28, subd. 4.

12. It is further understood and agreed that this Agreement is confidential until signed by Betty Folliard 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:  August 31, 2001

Betty Folliard

 

Approved by the Campaign Finance and Public Disclosure Board

September 17, 2001

 

Douglas A. Kelley, acting chair

Campaign Finance and Public Disclosure Board