STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

CONCILIATION

AGREEMENT

In the matter of the Citizens to Elect Doug Fuller Committee, #14925 4A.

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

1. During the election year 2000, the Citizens to Elect Doug Fuller Committee made campaign expenditures of $25,492.22, which exceeded the applicable $25,320 expenditure limit, as set out in Minn. Stat. 10A.25, subd. 2, and 10A.255, by $172.22.

2. By letter dated May 21, 2001, Robert Rosch, treasurer, stated: "As treasurer of Citizens to Elect Doug Fuller, I, and the rest of the committee, are in agreement with your findings and amended Report of Receipts and Expenditures covering January 1, through December 31, 2000, that discloses campaign expenditures in excess of the applicable expenditure limit of $25.320. As we discussed, the expenditures to replace damaged and missing yard signs were not on specific invoices to be identified as such. Knowing that signs will be subject to acts of vandalism, we ordered extra signs and rebar at the time of our original order because these materials are cheaper when ordered in larger quantities."

3. Board records show that this is the first calendar year in which the Citizens to Elect Doug Fuller Committee reported campaign expenditures that exceeded the applicable spending limit. The Citizens to Elect Doug Fuller Committee registered with the Board on March 2, 1998.

4. The parties agree that the Citizens to Elect Doug Fuller 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. The Board imposes a civil fine of $344.44, two times the amount by which the campaign expenditures exceeded the applicable expenditure limit, to be paid to the Board for deposit in the general fund of the state.

6. Doug Fuller hereby agrees to forward to the Board $344.44 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 $344.44 is not paid within the time specified in paragraph 6 above, then Doug Fuller 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) $516.66 or three 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) $688.88 or four 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.

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, Doug Fuller 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 Doug Fuller 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:  July 3, 2001

Doug Fuller

 

Approved by the Campaign Finance and Public Disclosure Board

July 19, 2001

 

Shirley Chase, chair

Campaign Finance and Public Disclosure Board