STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

CONCILIATION

AGREEMENT

In the matter of the (Torrey) Westrom for State Representative Committee (#13360);

 

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

 

1. During 2003, the (Torrey) Westrom for State Representative Committee ("the Committee") accepted $1,100 in contributions from special sources. These sources include registered lobbyists from whom the Committee accepted $200, and political committees or political funds from which the Committee accepted $900. The total amount of these contributions exceeded by $4 the applicable limit on aggregate contributions from special sources, which for this candidate was $1,096. 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 received January 14, 2004, Shirley Siverston treasurer, stated "upon reviewing our PAC/Lobbyist donations were realized we were $4.00 over the 2003 limit. We sent the money back on December 15, 2003."

 

 

3. Board records show that this is the first calendar year in which the Committee reported acceptance of contributions which exceeded the applicable aggregate contribution limit. The committee registered with the Board on October 15, 1995.

 

4. The parties agree that the (Torrey) Westrom for State Representative Committee accepted excessive contributions from special sources resulting in an inadvertent violation of Minn. Stat. 10A. 27, subd. 11, in calendar year 2003.

 

5. Representative Westrom hereby agrees to provide the Board with a copy of the check and accompanying letter returning the excess contribution. This copy 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 $4, 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 Westrom hereby agrees to forward to the Board $4 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 a copy of the check and the accompanying letter returning the contribution, payment of the civil penalty of $4, 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 copy of the check returning the excess contribution is not forwarded to the Board within the time period specified in paragraph 5 or the civil penalty of $4 is not paid within the time specified in paragraph 7 above, then Representative Westrom 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) $8 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) $12 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) $16 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 a copy of the check is not received in the time period 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 Westrom 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: March 5, 2004

Representative Torrey Westrom

 

 

 

Approved by the Campaign Finance and Public Disclosure Board

 

 

By Dated: March 11, 2004

Wil Fluegel, chair

Campaign Finance and Public Disclosure Board