STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

CONCILIATION

AGREEMENT

In the matter of the (Steven) Strachan Volunteer Committee, (#15590)

 

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

 

1. During 2002, the (Steven) Strachan Volunteer Committee accepted $5,866.35 in contributions from special sources. These sources include registered lobbyists from whom the Committee accepted $400, political committees or political funds from which the Committee accepted $3,966.35, and large givers, as defined in Minn. Stat. 10A.27, subd. 11, from whom the Committee accepted $1,500. The total amount of these contributions exceeded by $390.35 the applicable limit on aggregate contributions from special sources, which for this candidate was $5,476. 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 April 4, 2003, Nancy Anderson, treasurer, stated, "In my aggregate totals, I made the error of thinking that the contributions from lobbyists had to be over $250 to be counted in the totals."

3. Board records show that this is the first calendar year in which the (Steven) Strachan Volunteer Committee reported acceptance of contributions which exceeded the applicable aggregate contribution limit. The (Steven) Strachan Volunteer Committee registered with the Board on March 20, 2002.

 

4. The parties agree that the (Steven) Strachan Volunteer Committee accepted excessive contributions from special sources resulting in an inadvertent violation of Minn. Stat. 10A. 27, subd. 11, in calendar year 2002.

 

5. Representative Strachan 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 penalty of $390.35, 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. Representative Strachan hereby agrees to forward to the Board $390.35 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 penalty of $390.35, 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 penalty of $390.35 is not paid within the time specified in paragraph 7 above, then Representative Strachan will be personally liable to pay a civil penalty, under Minn. Stat. 10A.28 and 10A.34, subd. 1, in an amount calculated as follows:

 

(a) $780.70 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) $1,171.05 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) $1,561.40 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 contributions are not returned within the time specified in paragraph 5 above, and the civil penalty 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.

 

10. It is further understood and agreed that this Agreement is confidential until signed by Representative Strachan 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:

Representative Steven Strachan

 

 

 

Approved by the Campaign Finance and Public Disclosure Board

 

 

By Dated: May 10, 2003

Clyde Miller, chair

Campaign Finance and Public Disclosure Board