STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

CONCILIATION

AGREEMENT

In the matter of the (Dean) Johnson Volunteer Committee, (#11375)

 

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

 

1. During 2002, the (Dean) Johnson Volunteer Committee accepted $11,105 in contributions from special sources. These sources include registered lobbyists from whom the Committee accepted $2,600 and political committees or political funds from which the Committee accepted $8,505. The total amount of these contributions exceeded by $157 the applicable limit on aggregate contributions from special sources, which for this candidate was $10,948. 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. By letter dated April 1, 2003, Jon C. Saunders, treasurer, stated, "Although we have a system for verifying that checks are not received from lobbyists in excess of the limit, our procedure failed. This was an inadvertent mistake by my office and Senator Johnson had no knowledge or intention to accept funds from lobbyists in excess of the limit. I am enclosing copies of the checks along with the letters we sent to both of those lobbyists returning their funds."

 

3. Board records show that this is the first calendar year in which (Dean) Johnson Volunteer Committee reported acceptance of contributions which exceeded the applicable aggregate contribution limit. The (Dean) Johnson Volunteer Committee registered with the Board on May 11, 1982.

 

4. The parties agree that the (Dean) Johnson Volunteer Committee accepted excessive contributions from special sources resulting in an inadvertent violation of Minn. Stat. 10A. 27, subd. 11, in calendar year 2002.

 

5. The Board imposes a civil penalty of $157, 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.

 

6. Senator Johnson hereby agrees to forward to the Board $157 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 payment of the civil penalty of $157, 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 penalty of $157 is not paid within the time specified in paragraph 6 above, then Senator Johnson will be personally liable to pay a civil penalty, under Minn. Stat. 10A.28 and 10A.34, subd. 1, in an amount calculated as follows:

 

(a) $314 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) $471 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) $628 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.

 

8. It is further understood that if the civil penalty 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 Senator Johnson 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: 4/27/03

Senator Dean Johnson

 

 

 

Approved by the Campaign Finance and Public Disclosure Board

 

 

By Dated: 5/3/03

Clyde Miller, chair

Campaign Finance and Public Disclosure Board