STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

CONCILIATION

AGREEMENT

In the matter of the Mary Ellen Otremba Volunteer Committee, #14823, District 11B.

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

1. During calendar year 2001, the Mary Ellen Otremba Volunteer Committee accepted a contribution which facially exceeded the $100 non-election year limit for an individual contribution as set out in Minn. Stat. 10A.27, subd. 1(a)(5). The contribution exceeded the applicable limit by $25. The amount of the excess contribution was returned by the committee, but not within 60 days as required by Minn. Stat. 10A.15, subd. 3.

2. In a letter dated April 4, 2002, Mary Ellen Otremba, stated, "Please be aware that I have returned the check (copy enclosed) and have adjusted my ending cash balance accordingly."

3. The Mary Ellen Otremba Volunteer Committee registered with the Board on September 15, 1997. This is the first calendar year in which the Mary Ellen Otremba Volunteer Committee reported acceptance of a contribution that exceeded the applicable individual contribution limit.

4. The parties agree that the Mary Ellen Otremba Volunteer Committee accepted a facially-excessive contribution in calendar year 2001, resulting in an inadvertent violation of Minn. Stat. 10A. 27, subd. 1(a)(5).

5. The Board imposes a civil fine totaling $50 to be paid to the Board for deposit in the general fund of the state. The civil fines represent two times the amount by which the contribution exceeded the applicable contribution limit.

6. Mary Ellen Otremba 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 the payment of the civil fine 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 fine of $50 is not paid within the time specified in paragraph 6 above, then Mary Ellen Otremba will be personally liable to pay a civil fine, under Minn. Stat. 10A.28 and 10A.34, subd. 1, in an amount calculated as follows:

(a) $75, three times the amount by which the contribution exceeded the statutory limit, if payment is received 31 to 60 days after the date this Agreement is signed by the Board Chair;

(b) $100, four times the amount by which the contribution exceeded the statutory limit, if payment is received later than 61 days after the date this Agreement is signed by the Board Chair;

8. It is further understood that if the civil fine 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 Mary Ellen Otremba 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 2, 2002

Mary Ellen Otremba

 

Approved by the Campaign Finance and Public Disclosure Board

May 31, 2002

 

Douglas A. Kelley, Chair

Campaign Finance and Public Disclosure Board