STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

CONCILIATION

AGREEMENT

In the matter of the Citizens for Bob Ness Committee, #12762 20A.

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

1. During 2000, the Citizens for Bob Ness accepted $5,255 in contributions from special sources. These sources include registered lobbyists from whom the Committee accepted $1,400, political committees or political funds from which the Committee accepted $3,455, and large givers, as defined in Minn. Stat. 10A.27, subd. 11, from whom the Committee accepted $400. The total amount of these contributions exceeded by $191 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 January 24, 2001, DuWayne Peterson, treasurer, stated, "With respect to the contribution form Robert Sparboe, for whatever reason, we regrettably failed to aggregate that contribution with those of lobbyists and political committees/political funds. This contribution did push us over the limit by $191.00."

3. Board records show that this is the first calendar year in which the Citizens for Bob Ness reported acceptance of contributions, which exceeded the applicable aggregate contribution limit. The Citizens for Bob Ness registered with the Board on June 9, 1992.

4. The parties agree that the Citizens for Bob Ness accepted excessive contributions from special sources resulting in an inadvertent violation of Minn. Stat. 10A. 27, subd. 11, in calendar year 2000.

5. Robert Ness hereby agrees to return to donors of the contributions, described in paragraph one, an amount sufficient to bring the committee in compliance with Minn. Stat. 10A.27, subd. 11. Copies of the checks and the accompanying letters returning the contributions must be forwarded 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 $191, 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. Robert Ness hereby agrees to forward to the Board $191 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 and the accompanying letters returning the contributions, payment of the civil fine of $191, 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 is not returned as specified in paragraph 5 above, or the civil fine of $191 is not paid within the time specified in paragraph 7 above, then Robert Ness 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) $382 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) $573 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) $764 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, Robert Ness shall be personally liable for the fine described in paragraph 8 above.

10. It is further understood that if the contributions are not returned within the time specified in paragraph 5 above, and 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 Robert Ness 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:  Februaury 26, 2001

Robert Ness

 

Approved by the Campaign Finance and Public Disclosure Board

March 2, 2001

 

Will Fluegel, chair

Campaign Finance and Public Disclosure Board