STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

CONCILIATION

AGREEMENT

In the matter of the (Connie) Bernardy for State Representative Committee, #15195 48B.

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

1. During the election year 2000, the Bernardy for State Representative Committee made campaign expenditures of $33,861, which exceeded the applicable $33,422 expenditure limit, as set out in Minn. Stat. 10A.25, subd. 2, and 10A.255, by $439.

2. By memorandum dated February 6, 2001, Peggy VanDeRiet, treasurer, stated: "Last September, after learning that 200+ of our lawn Signs had been stolen and in need of replacement, I reviewed the document "Expenditure (Disbursement) Issues". On page 2 of this document describes "replacement of defective (destroyed) campaign material" as a noncampaign disbursement. The issue of campaign material being unused was not mentioned. After reading this I called the Campaign Finance and Public Disclosure Board to inquire whether the replacement of stolen lawn signs would be considered a campaign or noncampaign expenditure as stolen material was not specifically mentioned. The response from the person at the Board was that the replacement of stolen lawn signs would be considered a noncampaign expenditure. Again, the issue of the campaign material needing to be unused to qualify for a noncampaign expenditure was not mentioned. … by the person I spoke to, nor did I mention it, … ."

3. Board records show that this is the first calendar year in which the Bernardy for State Representative Committee reported campaign expenditures that exceeded the applicable spending limit. The Bernardy Committee registered with the Board on January 19, 2000.

4. The parties agree that the Bernardy for State Representative Committee made excessive campaign expenditures resulting in an inadvertent violation of Minn. Stat. 10A.25, subd. 2 and 10A.255, in calendar year 2000.

5. Due to mitigating circumstances, the Board departs from its normal practice of imposing a civil fine of two times the amount by which the campaign expenditures exceeded the applicable limit, and imposes a civil fine of $439, one times the amount by which the campaign expenditures exceeded the applicable expenditure limit. The civil fine is to be paid to the Board for deposit in the general fund of the state.

6. Connie Bernardy hereby agrees to forward to the Board $439 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 payment of this civil fine by the date specified and this Conciliation Agreement will be a bar to any civil proceeding under Minn. Stat. 10A.28, subd. 4.

7. It is further understood and agreed, however, that if the civil fine of $439 is not paid within the time specified in paragraph 6 above, then Connie Bernardy 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) $878, or two times the amount by which the campaign expenditures exceeded the statutory limit, if payment is received 31 to 60 days after the date this Agreement is signed by the Board Chair;

(b) $1,317 or three times the amount by which the campaign expenditures exceeded the statutory limit, if payment is received 61 to 90 days after the date this Agreement is signed by the Board Chair;

(c) $1,756 or four times the amount by which the campaign expenditures exceeded the statutory limit, if payment is received 91 to 120 days after the date this Agreement is signed by the Board Chair.

8. It is further understood that if the civil fine imposed by the Board is not paid within the time specified in paragraph 6 above, then pursuant to Minn. Stat. 10A.34, subd. 1, Connie Bernardy shall be personally liable for the penalty described in paragraph 7 above.

9. It is further understood that if the civil fine is not paid as agreed within the times specified in paragraphs 6 and 7, 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 Connie Bernardy and the Board Chair; the signed Agreement shall then become a matter of public record, and the statutory requirement of confidentiality shall no longer apply. Minn. Stat. 10A.02, subd. 11; 10A.28, subd. 3.

 

 

Dated:  April 29, 2001

Connie Bernardy

 

Approved by the Campaign Finance and Public Disclosure Board

May 9, 2001

 

Will Fluegel, chair

Campaign Finance and Public Disclosure Board