STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

CONCILIATION

AGREEMENT

In the matter of the Lynne Osterman Committee, #14822 46A.

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

1. During a routine reconciliation audit of contributions received within the period of January 1, through December 31, 2000, it was disclosed that the Lynne Osterman Committee accepted aggregate contributions totaling $5,250 from committees of the Republican Party of Minnesota. The total amount of these contributions exceeded by $250 the applicable $5,000 contribution limit, as set out in Minn. Stat. 10A.27, subd. 2. The excess amount of the contributions was not returned to the contributors within 60 days as required in Minn. Stat. 10A.15, subd. 3.

2. By letter dated August 24, 2001, Robert Olson, treasurer, stated, "… we realize that I had assumed that from the beginning of the election cycle that the Party limit was to have an inflationary increase, the same as the PAC limit. "

3. Board records show that this is the first calendar year in which the Lynne Osterman Committee reported acceptance of contributions from political party units that exceeded the applicable contribution limit. The Lynne Osterman Committee has been registered with the Board since September 12, 1997.

4. The parties agree that the Lynne Osterman Committee accepted cumulatively-excessive contributions from committees of the Republican Party of Minnesota in calendar year 2000 resulting in an inadvertent violation of Minn. Stat. 10A.27, subd 2.

5. Lynne Osterman agrees to return to committees of the Republican Party of Minnesota $250, one times the amount by which the contributions exceeded the applicable limit, and to forward copies of the checks and the accompanying letters returning the contributions 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 $250, 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. Lynne Osterman 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. It is agreed by the parties that the copies of the checks returning the contributions along with the accompanying letters, 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 & 4.

8. It is further understood and agreed, however, that if the excess amount of $250 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 Lynne Osterman 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) $500, 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) $750, 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) $1,000, 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, Lynne Osterman shall be personally liable for the penalty described in paragraph 8 above.

10. 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 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 Lynne Osterman 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:  September 12, 2001

Lynne Osterman

 

Approved by the Campaign Finance and Public Disclosure Board

October 3, 2001

 

Douglas A. Kelley, chair

Campaign Finance and Public Disclosure Board