STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
CONCILIATION
AGREEMENT
In the matter of the Kiffmeyer (Mary) for Secretary of
State Committee (#14904):
Pursuant to Minn. Stat. §10A.28, subd. 3, the Campaign
Finance and Public Disclosure Board and Secretary of State Mary Kiffmeyer
hereby agree as follows:
1. During 2002,
the Kiffmeyer (Mary) for Secretary of State Committee accepted $36,520 in
contributions from special sources.
These sources include registered lobbyists from whom the Committee
accepted $650, political committees or political funds from which the Committee
accepted $2,400, and large givers, as defined in Minn. Stat. §10A.27, subd. 11,
from whom the Committee accepted $33,470.
The total amount of these contributions exceeded by $50 the applicable
limit on aggregate contributions from special sources, which for this candidate
was $36,470. 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 15, 2003, Robert K. Eddy, treasurer, stated, "the original
error was inadvertent and stems from a volunteer who was unaware of the
requirement that special source contributions from lobbyists are counted in
total rather than only those with contributions above $250, as individuals are
counted.” Mr. Eddy also indicated that
an amount sufficient to bring the Committee into compliance had been returned,
and provided the Board with a copy of the check returning the contribution.
3. Board records
show that this is the first calendar year in which the Kiffmeyer (Mary) for
Secretary of State Committee reported acceptance of contributions which
exceeded the applicable aggregate contribution limit. The Kiffmeyer (Mary) for Secretary of State Committee registered
with the Board on January 28, 1998.
4. The parties
agree that the Kiffmeyer (Mary) for Secretary of State 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 $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.
6. Secretary of
State Kiffmeyer hereby agrees to forward to the Board $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 payment of the civil penalty of $50,
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 $50 is not paid
within the time specified in paragraph 6 above, then Secretary of State
Kiffmeyer 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) $100
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) $150
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) $200 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 Secretary of State Kiffmeyer 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: 4/28/03
Secretary of State Mary Kiffmeyer
Approved by the Campaign Finance and Public Disclosure
Board
By
Dated: 5/3/03
Clyde Miller,
chair
Campaign Finance and Public Disclosure Board