STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

CONCILIATION

AGREEMENT

 

In the matter of the Chris Gerlach for State Representative Committee, #14821, District 36A.

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

1. During calendar year 2001, the Chris Gerlach for State Representative Committee accepted a contribution which facially exceeded the $200 non-election year limit for a joint contribution as set out in Minn. Stat. 10A.27, subd. 1(a)(5). The joint contribution exceeded the applicable limit by $100. The amount of the excess contribution was not returned to the contributors within 60 days as required by Minn. Stat. 10A.15, subd. 3.

2. In a letter dated April 3, 2002, Susan Kieffer, treasurer for the Chris Gerlach for State Representative Committee, stated, " I was thinking that it was like the previous year, but of course that was an election year with different rules. We refunded the Mozers $100.00 to correct the problem."

3. The Chris Gerlach for State Representative Committee registered with the Board on September 5, 1997. This is the first calendar year in which the Chris Gerlach for State Representative Committee reported acceptance of a contribution that exceeded the applicable individual contribution limit.

4. The parties agree that the Chris Gerlach for State Representative Committee accepted a facially-excessive contribution in calendar year 2001, resulting in an inadvertent violation of Minn. Stat. 10A. 27, subd. 1(a)(5).

5. The Board imposes a civil fine totaling $200 to be paid to the Board for deposit in the general fund of the state. The civil fines represent two times the amount by which the contribution exceeded the applicable contribution limit.

6. Chris Gerlach hereby agrees to forward to the Board $200 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 payment of the civil fine of $200, and this Conciliation Agreement will be a bar to any civil proceeding under Minn. Stat. 10A.28, subds. 3 & 4.

7. It is further understood and agreed, however, that if the civil fine of $200 is not paid within the time specified in paragraph 6 above, then Chris Gerlach will be personally liable to pay a civil fine, under Minn. Stat. 10A.28 and 10A.34, subd. 1, in an amount calculated as follows:

(a) $300, three times the amount by which the contribution exceeded the statutory limit, if payment is received 31 to 60 days after the date this Agreement is signed by the Board Chair;

(b) $400, four times the amount by which the contribution exceeded the statutory limit, if payment is received later than 61 days after the date this Agreement is signed by the Board Chair;

8. It is further understood that if the civil fine is not paid as agreed, within the times specified in paragraphs 6 and 7 above, the Board will proceed to enforce the provisions of Minn. Stat. 10A.28, subd. 4.

9. It is further understood and agreed that this Agreement is confidential until signed by Chris Gerlach 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:  May 9, 2002

Chris Gerlach

 

Approved by the Campaign Finance and Public Disclosure Board

May 23, 2002

 

Douglas A. Kelley, Chair

Campaign Finance and Public Disclosure Board