STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
In the matter of the (Tom) Hackbarth Volunteer Committee, #12682 50A.
Pursuant to Minn. Stat. §10A.28, subd. 3, the Campaign Finance and Public Disclosure Board and Tom Hackbarth hereby agree as follows:
1. During a routine reconciliation audit of contributions received within the period of January 1, through December 31, 2000, it was disclosed that the Hackbarth Volunteer Committee accepted $6,784.78 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 $6,034.78. The total amount of these contributions exceeded by $1,720.78 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. In a memorandum dated July 31, 2001, Phil Hennemann, Jr., treasurer, stated, "I have reviewed your letter of July 17th and found that I made a mistake on a deposit and didnt record several contributions for 2000. The deposit was mistakenly put with my 1999 records and didnt get listed with the rest of the donations for 2000. I realize this error in reporting makes us non-compliant with contribution amounts."
3. Board records show that this is the third calendar year in which the Hackbarth Volunteer Committee reported acceptance of contributions, which exceeded the applicable aggregate contribution limit. The other offenses occurred in 1995 and 1999. The Hackbarth Volunteer Committee registered with the Board on March 30, 1992.
4. The parties agree that the Hackbarth 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. Tom Hackbarth hereby agrees to return to donors of the contributions, described in paragraph one, $1,720.78, 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 $5,162.34, three 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. Tom Hackbarth hereby agrees to forward to the Board $5,162.34 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 $5,162.34, 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 $1,720.78 is not returned as specified in paragraph 5 above, or the civil fine of $5,162.34 is not paid within the time specified in paragraph 7 above, then, under Minn. Stat. §§10A.28 and 10A.34, subd. 1, Tom Hackbarth will be liable to pay a civil fine of $6,883.12, or four times the amount by which the contributions exceeded the statutory limit.
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, Tom Hackbarth 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 Tom Hackbarth 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: September 23, 2001
Approved by the Campaign Finance and Public Disclosure Board
October 3, 2001
Douglas A. Kelley, chair
Campaign Finance and Public Disclosure Board