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