STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

CONCILIATION

AGREEMENT

In the matter of the (Dick) Day Volunteer Committee, #12495 28.

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

1. The Day Volunteer Committee accepted two contributions from the Minn. Chiropractic Political Action Committee; $100 on January 15, 2000, and $500 on May 30, 2000. The total amount of these contributions, $600, exceeded by $100 the applicable $500 election year contribution limit, as set out in Minn. Stat. 10A.27, subd. 1(a)(4) . The amount of the excess contributions was not returned to the contributor within 60 days as required by Minn. Stat. 10A.15, subd. 3.

2. By letter dated September 27, 2000, Pamela Seaser, treasurer, stated "The Dick Day Volunteer Committee received two checks from the Minnesota Chiropractors PAC. It was an oversight by this committee to accept checks in excess of $500. When we were reminded of that in your September 12 letter, we immediately mailed them a check for $100, dated September 15."

3. On September 15, 2000, $100 was returned to the Minn. Chiropractic Political Action Committee.

4. Board records show that this is the first calendar year in which the Day Volunteer Committee reported acceptance of contributions, which exceeded the applicable contribution limit. The Day Volunteer Committee has been registered with the Board since July 18, 1990.

5. The parties agree that the Day Volunteer Committee accepted cumulatively-excessive contributions resulting in an inadvertent violation of Minn. Stat. 10A.27, subd. 1 (a)(4), in calendar year 2000.

6. On September 25, 2000, the Board received a copy of the check, along with the accompanying letter, returning $100, one times the amount by which the contributions exceeded the limit, to the contributor, Minn. Chiropractic Political Action Committee.

7. The Board imposes a civil fine of $100, 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. Dick Day hereby agrees to forward to the Board $100 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 copy of the check returning the contribution along with its accompanying letter, payment of the civil fine, and this Conciliation Agreement will be a bar to any civil proceeding under Minn. Stat. 10A.28, subds. 3 and 4.

9. It is further understood and agreed, however, that if the civil fine of $100 is not paid within the time specified in paragraph 8 above, then Dick Day 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) $200 or twice 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) $300 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) $400 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, Dick Day shall be personally liable for the penalty described in paragraph 9 above.

11. It is further understood that if the civil fine of $100 is not paid 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 Dick Day 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:  October 28, 2000

Dick Day

 

Approved by the Campaign Finance and Public Disclosure Board

October 30, 2000

 

Will Fluegel, chair

Campaign Finance and Public Disclosure Board