STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

CONCILIATION

AGREEMENT

In the matter of the (Leslie) Schumacher Volunteer Committee, #13082 17B.

Pursuant to Minn. Stat. 10A.28, subd. 3, the Campaign Finance and Public Disclosure Board and Leslie Schumacher 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 Schumacher Volunteer Committee accepted $5,364 in contributions from special sources. These sources include registered lobbyists from whom the Committee accepted $734, and political committees or political funds from which the Committee accepted $4,630. The total amount of these contributions exceeded by $300 the applicable limit on aggregate contributions from special sources, which for this candidate, was $5,064. 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 July 31, 2001, Leslie Schumacher, candidate, stated, "I located a letter I received from the Laborers’ District Council of Minnesota & North Dakota Political Fund stating there was a check enclosed in the amount of $300.00 but found no copy of the check. I then noticed that the date I received the letter and the contribution was around the same time I was facing a family crisis in the month of June. As you can see by the attached copy, I have returned the contribution to the Laborers’ District Council of Minnesota & North Dakota Political Fund."

3. On July 29, 2001, the Schumacher Volunteer Committee returned to the Laborers’ District Council of Minnesota & North Dakota Political Fund $300, one times the amount by which the aggregate contributions accepted from special sources exceeded the applicable limit under Minn. Stat. 10A.27, subd. 11.

4. Board records show that this is the first calendar year in which the Schumacher Volunteer Committee reported acceptance of contributions which exceeded the applicable aggregate contribution limit as set out in Minn. Stat. 10A.27, subd. 11. The Schumacher Volunteer Committee registered with the Board on June 7, 1994.

5. The parties agree the Schumacher Volunteer Committee accepted excessive contributions from special sources resulting in an inadvertent violation of Minn. Stat. 10A.27, subd. 11, during calendar year 2000.

6. On August 3, 2001, the Board received a copy of the check returning $300 to the Laborers’ District Council of Minnesota & North Dakota Political Fund.

7. Due to mitigating circumstances surrounding the acceptance of the contributions, the Board imposes a civil fine of $150, to be paid to the Board for deposit in the general fund of the state.

8. Leslie Schumacher hereby agrees to forward to the Board $150 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 copy of the check returning the contribution, payment of the civil fine of $150, and this Conciliation Agreement are a bar to any civil proceeding under Minn. Stat. 10A.28, subds. 3 & 4.

9. It is further understood and agreed, however, that if the civil fine of $150 is not paid within the time specified in paragraph 8 above, then Leslie Schumacher 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) $600, 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) $900, 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) $1,200, 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.

10. It is further understood and agreed that if the civil fine is not paid within the time specified in paragraph 8 above, then pursuant to Minn. Stat. 10A.34, subd. 1, Leslie Schumacher shall be personally liable for the penalty described in paragraph 9 above.

11. It is further understood that if the civil fine is not paid within the times specified in paragraphs 8 and 9 above, the Board will proceed to enforce provisions of Minn. Stat. 10A.28, subd. 4.

12. It is further understood and agreed that this Agreement is confidential until signed by Leslie Schumacher 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 5, 2001

Leslie Schumacher

 

Approved by the Campaign Finance and Public Disclosure Board

September 17, 2001

 

Douglas A. Kelley, acting chair

Campaign Finance and Public Disclosure Board