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