STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

CONCILIATION

AGREEMENT

 

In the matter of the Moe for Minnesota Committee, #15564.

 

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

 

1. During calendar year 2002, the Moe for Minnesota Committee accepted one $50 contribution from the Friends of Mark Stenglien, the campaign committee for a political subdivision candidate. Contributions from the funds of political subdivision candidates are prohibited by Minn. Stat. 10A.27, subd. 9(d). The prohibited contribution was not returned to the contributor within 60 days as required by Minn. Stat. 10A.15, subd. 3.

 

2. During calendar year 2002, the Moe for Minnesota Committee accepted three contributions from Terry Saario, $500 on May 13, 2002, $1,000 on August 13, 2002, and $600 on August 18, 2002. The total amount of these contributions, $2,100, exceeded by $100 the applicable $2,000 election year contribution limit, as set out in Minn. Stat. 10A.27, subd. 1 (a)(1). The excess amount of the contributions was not returned to the contributor within 60 days as required in Minn. Stat. 10A.15, subd. 3.

 

3. In a letter dated April 12, 2004, Tom Berg, Treasurer, stated in reference to the contribution from the Friends of Mark Stenglen Committee "It was our understanding that we could accept contributions from all committees registered with Hennepin County. We later learned our understanding of this matter was in error. A check was issued on January 19th, 2004, to Friends of Mark Stenglien for $50". In reference to the cumulatively excessive contribution from Terry Saario, Mr. Berg stated, "We returned the contribution…on October 21st, 2002. The contribution was inadvertently returned after the 60-day limit." Copies of the checks returning the contributions were provided to the Board.

4. The Moe for Minnesota Committee registered with the Board on February 22, 2002. Calendar year 2002 is the first year in which the Moe for Minnesota Committee reported acceptance of contributions from prohibited sources or contributions that exceeded the contribution limit.

 

5. The parties agree that the Moe for Minnesota Committee accepted a contribution from the campaign committee of a candidate for a political subdivision resulting in an inadvertent violation of Minn. Stat. 10A.27, subd. 9 (d). The parties further agree that the Moe for Minnesota Committee accepted cumulatively-excessive contributions from an individual resulting in an inadvertent violation of Minn. Stat. 10A.27, subd. 1(a)(1), in calendar year 2002.

 

 

6. The Board imposes a civil fine on the Moe for Minnesota Committee totaling $150 to be paid to the Board for deposit in the general fund of the state. The civil fine is equal to one times the total amount of the contribution received from a prohibited source and one times the amount that the cumulatively excessive contribution exceeded the contribution limit in an election year.

 

7. Roger Moe hereby agrees to forward to the Board a total of $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 payment of the civil fine of $150 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 civil fine of $150 is not paid within the time specified in paragraph 7 above, then Roger Moe will be personally liable to pay a civil fine, under Minn. Stat. 10A.28 and 10A.34, subd. 1, in the following amounts:

 

(a) $300, if payment is received 31 to 60 days after the date this Agreement is signed by the Board Chair;

(b)   $450, if payment is received 61 days to 90 days after the date this Agreement is signed by the Board Chair;

(c)   $600, 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 civil fine is not paid as agreed, within the times specified in paragraphs 7 and 8, 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 Roger Moe 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: May 3, 2004

Roger Moe

 

 

Approved by the Campaign Finance and Public Disclosure Board

 

 

 

By Dated: May 7, 2004

Will Fluegel

Chair

Campaign Finance and Public Disclosure Board