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