STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

CONCILIATION

AGREEMENT

In the matter of the (Brian) Sullivan for Governor Committee, #15441 GC,

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

1. During calendar year 2001, the Sullivan for Governor Committee accepted four contributions from individuals, each of which exceeded the individual non-election year contribution limit of $500 as set out in Minn. Stat. 10A.27, subd. 1(a)(1). Two contributions exceeded the applicable limit by $500 each, and two contributions exceeded the limit by $750 each. 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. During calendar year 2001 the Sullivan for Governor Committee accepted $78,587 in contributions from special sources, which consisted of large givers, as defined in Minn. Stat. 10A.27, subd. 11. The total amount of these contributions exceeded by $1,541 the applicable limit on aggregate contributions from special sources, which for a gubernatorial candidate was $77,046. The amount of the excess special source contributions was not returned to the contributors within 60 days as required by Minn. Stat. 10A.15, subd. 3.

3. In a letter dated March 7, 2002, Victor Gomez, treasurer, stated, "..at the end of calendar year 2001, the Committee inadvertently accepted contributions in excess of the 20% threshold from "large donors" and political committees. The Committee refunded the excessive portions of the contributions on January 4, 2002. "

"The Committee recognizes that four contributor refunds were made after expiration of the sixty-day time period for such refunds. Acceptance of these contributions during the summer of 2001 was inadvertent. Upon discovery of the contribution amounts by staff added to the Committee in the fall, the Committee promptly returned all of these excessive contributions."

4. The Sullivan for Governor Committee registered with the Board on February 20, 2001.

Therefore this is the first calendar year in which the Sullivan for Governor Committee reported acceptance of contributions that exceeded the applicable individual contribution limit of $500, and acceptance of contributions that exceeded the applicable aggregate special source contribution limit.

5. The parties agree that the Sullivan for Governor Committee accepted four facially-excessive contributions and excessive contributions from special sources in calendar year 2001, resulting in inadvertent violations of Minn. Stat. 10A. 27, subds. 1(a)(1) and 11.

6. Brian Sullivan hereby agrees to return to donors of the contributions, described in paragraph two, an amount sufficient to bring the committee into compliance with Minn. Stat. 10A.27, subd. 11. Copies of any checks refunding contributions to donors that have not already been provided to the Board must be forwarded to the Board within 30 days after the date this Conciliation Agreement is signed by the Board Chair.

7. The Board imposes a civil fine totaling $6,541 to be paid to the Board for deposit in the general fund of the state. The civil fines represent $5,000; two times the amount by which the four contributions exceeded the applicable contribution limit, and $1,541, one times the amount by which the contributions from special sources exceeded the applicable limit.

8. Brian Sullivan hereby agrees to forward to the Board $6,541 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 and the accompanying letters returning the contributions, payment of the civil fine of $6,541, and this Conciliation Agreement will be a bar to any civil proceeding under Minn. Stat. 10A.28, subds. 3 & 4.

9. It is further understood and agreed, however, that if an amount sufficient to bring the Committee into compliance with Minn. Stat. 10A.27, subd. 11, is not returned as specified in paragraph 6 above, or the civil fine of $6,541 is not paid within the time specified in paragraph 8 above, then Brian Sullivan 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) $10,582, three times the amount by which the contributions exceeded the statutory limit, and two times the amount by which the contributions from special sources exceeded the applicable limit, if payment is received 31 to 60 days after the date this Agreement is signed by the Board Chair;

(b) $14,623, four times the amount by which the contributions exceeded the statutory limit, and three times the amount by which the contributions from special sources exceeded the applicable limit, if payment is received 61 to 90 days after the date this Agreement is signed by the Board Chair;

(c) $16,164, four times the amount by which the contributions exceeded the statutory limit, and four times the amount by which the contributions from special sources exceeded the applicable 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 that if the excess contributions are not returned within the time specified in paragraph 6 above, or the civil fine is not paid within the time specified in paragraph 8 above, then pursuant to Minn. Stat. 10A.34, subd. 1, Brian Sullivan shall be personally liable for the fine described in paragraph 8 above.

11. It is further understood that if the contributions are not returned within the time specified in paragraph 6 above, and the civil fine is not paid as agreed, within the times specified in paragraphs 8 and 9 above, the Board will proceed to enforce the provisions of Minn. Stat. 10A.28, subd. 4.

12. It is further understood and agreed that this Agreement is confidential until signed by Brian Sullivan 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:  April 1, 2002

Brian Sullivan

 

Approved by the Campaign Finance and Public Disclosure Board

April 8, 2002

 

Douglas A. Kelley, Chair

Campaign Finance and Public Disclosure Board