STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

CONCILIATION

AGREEMENT

In the matter of the (Stephen) Wenzel Volunteer Committee, #10055 12B.

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

1. During calendar year 2000 the Wenzel Volunteer Committee accepted $5,130 in contributions from special sources. These sources include registered lobbyists from whom the Committee accepted $750 and political committees or political funds from which the Committee accepted $4,380. The total amount of these contributions exceeded by $66 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 13, 2001, Steve Wenzel, candidate, stated, "We have reviewed our report and have determined that, in response to your memo of Dec. 19th, Dave Gruenes is a registered lobbyist. I called him to verify this matter. This puts the Committee at $66 over the $5,064."

3. Board records show that this is the second calendar year in which the Wenzel Volunteer Committee reported acceptance of contributions, which exceeded the applicable aggregate contribution limit. The first occurrence was in calendar year 1994. The Wenzel Volunteer Committee registered with the Board on July 23, 1976.

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

5. Stephen Wenzel hereby agrees to return to donors of the contributions, described in paragraph one, $66, one times the amount by which the aggregate contributions exceeded 20 percent of the expenditure limit. 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 $132, two 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. Stephen Wenzel hereby agrees to forward to the Board $132 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 $132, 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 of $66 is not returned as specified in paragraph 5 above, or the civil fine of $132 is not paid within the time specified in paragraph 7 above, then Stephen Wenzel 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) $198 or three 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) $264 or four 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.

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, Stephen Wenzel 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 Stephen Wenzel 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 7, 2001

Stephen Wenzel

 

Approved by the Campaign Finance and Public Disclosure Board

May 9, 2001

 

Will Fluegel, chair

Campaign Finance and Public Disclosure Board