STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

CONCILIATION

AGREEMENT

 

In the matter of the Police Officers Federation of Minneapolis Contingency Fund (#30085);

 

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

 

1. During calendar year 2002, the Police Officers Federation of Minneapolis Contingency Fund (#30085) contributed $750 to the Chaudhary for Senate Committee which cumulatively exceeded the $500 election year limit for a political committee contribution as set out in Minn. Stat. 10A.27, subd. 1(a)(4), and resulted in a violation of Minn. Stat. 10A.28, subd. 2. The Fund contributed $250 to the Chaudhary for Senate Committee on January 28, 2002, and $500 on September 19, 2002. Cumulatively, these contributions exceeded the applicable limit by $250. The amount of the excess contribution was not returned by the Chaudhary for Senate committee within 60 days as required by Minn. Stat. 10A.15, subd. 3.

 

 

 

2. In a letter dated December 8, 2003, Lyall Delaney, treasurer, stated "During the 2002 calendar year the Minneapolis Police Officer Contingency Fund gave $750 to the Satveer Chaudhary's campaign committee. This was an inadvertent error. It was our intention to give him the $500 maximum."

 

3. The Police Officers Federation of Minneapolis Contingency Fund registered with the Board on October 31, 1974. Prior to August 1, 2002, there was no penalty for a committee that made a contribution in excess of the applicable limits.

 

4. The parties agree that the Police Officers Federation of Minneapolis Contingency Fund made a cumulatively excessive contribution to the Chaudhary for Senate Committee in calendar year 2002, resulting in an inadvertent violation of Minn. Stat. 10A.28, subd. 2.

 

5. The Board imposes a civil fine totaling $250 to be paid to the Board for deposit in the general fund of the state. This civil fine represents one times the amount by which the contribution exceeded the applicable contribution limit.

 

6. Lyall Delaney hereby agrees to forward to the Board $250 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. Lyall Delaney also agrees to forward a copy of the check received from the Chaudhary for Senate Committee within 30 days after the date this Agreement is signed by the Board chair. It is agreed by the parties that a copy of the check received by the Chaudhary for Senate Committee, the payment of the civil fine of $250, and this Conciliation Agreement will be a bar to any civil proceeding under Minn. Stat. 10A.28, subds. 3 and 4.

 

7. It is further understood and agreed, however, that if the civil fine of $250 is not paid within the time specified in paragraph 6 above, then Allen Berryman, chair, will be personally liable to pay a civil fine, under Minn. Stat. 10A.34, subd. 1, in an amount calculated as follows:

 

(a)     $500, two 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)     $750, three times the amount by which the contribution exceeded the statutory limit, if payment is received 61 to 90 days after the date this Agreement is signed by the Board Chair;

(c)     $1,000, four times the amount by which the contribution 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 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 Lyall Delaney 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: 1/15/04

Lyall Delaney

 

Approved by the Campaign Finance and Public Disclosure Board

 

 

 

By Dated: 1/23/04

Clyde Miller

Chair, Campaign Finance and Public Disclosure Board