STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
In the matter of the Volunteers for Jerry Dempsey Committee, #12647, District 29A
Pursuant to Minn. Stat. §10A.28, subd. 3, the Campaign Finance and Public Disclosure Board and Jerry Dempsey hereby agree as follows:
1. During the election year 2001, the Volunteers for Jerry Dempsey Committee made campaign expenditures of $5,605.72, which exceeded the applicable $5,064 expenditure limit, as set out in Minn. Stat. §10A.25, subd. 6, by $541.72.
2. By letter dated January 29, 2002, Ray Rowan, treasurer, stated: " On December 27, as Treasurer, I reviewed the year to date expenses, and determined the accumulated spending, year to date, was $3,341.22. We did not anticipate any additional bills for the year, so we decided to invest the unused balance of funds for needed items for the year 2002 campaign. However, by Mid-January, we received bills from 3 vendors that involved December items, so we were over our maximum spending limit by $265.72. Also, as I was reviewing the expenses for 2001, I noticed that I had allocated $276.00 of a bill to a Non-Campaign Disbursement, by mistake. Therefore, this additional amount, when added to the $265.72, results in a total spending overage of $541.72 in year 2001."
3. Board records show that this is the first calendar year in which the Volunteers for Jerry Dempsey Committee reported campaign expenditures that exceeded the applicable spending limit. The Volunteers for Jerry Dempsey Committee registered with the Board on December 12, 1991.
4. The parties agree that the Volunteers for Jerry Dempsey Committee made excessive campaign expenditures resulting in an inadvertent violation of Minn. Stat. §§10A.25, subd. 6, and 10A.255, in calendar year 2001.
5. The Board imposes a civil fine of $541.72, one 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. Jerry Dempsey hereby agrees to forward to the Board $541.72 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 $1,083.44 is not paid within the time specified in paragraph 6 above, then Jerry Dempsey 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) $1,083.44 or two 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) $1,625.16 or three 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, Jerry Dempsey 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 Jerry Dempsey 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: April 30, 2002
Approved by the Campaign Finance and Public Disclosure Board
May 16, 2002
Douglas A. Kelley, Chair
Campaign Finance and Public Disclosure Board