STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

CONCILIATION

AGREEMENT

In the matter of the Dale Walz Volunteer Committee, 14957.

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

1. During the period of January 1, through December 31, 2001, the Dale Walz Volunteer Committee accepted aggregate contributions totaling $1,391.50 from political party committees of the Republican Party of Minnesota. The total amount of these contributions exceeded by $391.50 the applicable $1,000 contribution limit, as set out in Minn. Stat. 10A.27, subd. 2. The excess amount of the contributions was not returned to the contributor within 60 days as required in Minn. Stat. 10A.15, subd. 3.

2. By letter dated April 2, 2002, Dale Walz, candidate, stated that his treasurer resigned in 2001 and he completed the report himself. He received the advice, locally, that the $391.50 in-kind donation did not go against the $1,000 contribution limit. "Obviously this was bad advice. It was a mistake, on my part, not to contact your office for advice."

3. Board records show that this is the first calendar year in which the Dale Walz Volunteer Committee reported acceptance of contributions which exceeded the applicable contribution limit. The Dale Walz Volunteer Committee has been registered with the Board since April 22, 1998.

4. The parties agree that the Dale Walz Volunteer Committee accepted cumulatively-excessive contributions from political party committees of the Republican Party of Minnesota in calendar year 2001 resulting in an inadvertent violation of Minn. Stat. 10A.27, subd 2.

5. Dale Walz agrees to return to one or more political party committees of the Republican Party of Minnesota $391.50, one times the amount by which the contributions exceeded the applicable limit, and to forward copies of the check and the accompanying letter returning the contribution to the Board within 30 days after the date this Conciliation Agreement is signed by the Board Chair.

6. The Board imposes a civil fine of $391.50, 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.

7. Dale Walz hereby agrees to forward to the Board $391.50 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 copies of the check returning the contribution along with the accompanying letter, payment of the civil fine of $391.50, and this Conciliation Agreement will be a bar to any civil proceeding under Minn. Stat. 10A.28, subds. 3 & 4.

8. It is further understood and agreed, however, that if the excess amount, $391.50, is not returned to contributors within the time specified in paragraph 5 above, or the civil fine is not paid within the time specified in paragraph 7 above, then Dale Walz 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) $783.00 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) $1,174.50 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) $1,566.00 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.

9. It is further understood that if the excess contributions are not returned within the time specified in paragraph 5 above, or the civil fine is not paid within the time specified in paragraph 7 above, then pursuant to Minn. Stat. 10A.34, subd. 1, Dale Walz shall be personally liable for the penalty described in paragraph 8 above.

10. It is further understood that if the excess contribution is not returned, within the time specified in paragraph 5 above, or the civil fine is not paid as agreed within the times specified in paragraphs 7 and 8 above, the Board will proceed to enforce the provisions of Minn. Stat. 10A.28, subd. 4.

11. It is further understood and agreed that this Agreement is confidential until signed by Dale Walz 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 3, 2002

Dale Walz, Candidate
Dale Walz Volunteer Committee

 

Approved by the Campaign Finance and Public Disclosure Board

May 16, 2002

 

Douglas A. Kelley, Chair
Campaign Finance and Public Disclosure Board