STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

FINDINGS IN THE MATTER OF THE ACCEPTANCE OF

A CONTRIBUTION DURING THE REGULAR 2002 LEGISLATIVE SESSION

BY THE LYALL DELANEY VOLUNTEER COMMITTEE

PROCEDURAL BACKGROUND

Campaign Finance and Public Disclosure Board ("Board") staff review of the Report of Receipts and Expenditures for 2002 filed by the Lyall Delaney Volunteer Committee, disclosed that the committee took contributions from registered political funds during the 2002 regular legislative session.

On March 13, 2003, Board staff sent written notice to the committee of a potential violation of Minn. Stat. 10A.273, which prohibits a candidate from accepting contributions from registered political funds during a regular legislative session.

In letters dated March 19, 2003, and March 24, 2003, Lyall Delaney, candidate, and Wallace Krueger, treasurer, indicated that the Lyall Delaney Volunteer Committee accepted contributions from registered political committees and funds during the 2002 regular session of the legislature. The committee accepted one $500 contribution from the Police Officers Federation of Minneapolis Contingency Fund (#30085) on March 11, 2002, and one $500 contribution from the Minneapolis Police Relief Association (#30128) on March 19, 2002.

Mr. Krueger stated "It was my understanding that the rules on receiving contributions from political committees was in relation to sitting legislative members." Mr. Delaney added "I assure you this was an inadvertent mistake and I sincerely apologize for any inconvenience."

This matter was considered by the Board in executive session on April 24, 2003.

Based on the record before it, the Board issues the following:

STATEMENT OF THE EVIDENCE

1. The Committee reported accepting contributions on March 11, 2002, and March 19, 2002, from political funds registered with the Board. Each contribution was for $500. The regular 2002 legislative Session was held from January 29 to May 20, 2002.

2. Board records show that this is the first calendar year in which the Lyall Delaney Volunteer Committee reported acceptance of contributions from registered lobbyists, political committees, or political funds during the regular legislative session. Board records indicate that the Lyall Delaney Volunteer Committee registered with the Board on March 4, 2002.

Based on the above Statement of the Evidence, the Board makes the following:

FINDING CONCERNING PROBABLE CAUSE

There is probable cause to believe that the Lyall Delaney Volunteer Committee violated Minn. Stat. 10A.273 by accepting contributions from registered political funds during the regular session of the legislature in 2002.

Based on the above Finding Concerning Probable Cause, the Board issues the following:

ORDER

1. In lieu of forwarding the above public finding of probable cause to the county attorney in Ramsey County to pursue a judgment in district court, the Board imposes a civil fine of $500 on the Lyall Delaney Volunteer Committee for acceptance of contributions during the regular 2002 legislative session, and directs the Committee to return the contributions to the Police Officers Federation of Minneapolis Contingency Fund and the Minneapolis Police Relief Association.

2. The Lyall Delaney Volunteer Committee is directed to forward to the Board payment of the civil fine, by check or money order payable to the STATE OF MINNESOTA, within thirty days after receipt of this order. Accompanying the check should be a letter signed by the candidate stating that the contributions have been returned to the political funds.

3. If the Lyall Delaney Volunteer Committee does not comply with the provisions of this order, the Board's Executive Director shall refer this matter to the Ramsey County Attorney for civil enforcement pursuant to Minn. Stat. 10A.273.

4. The Board investigation of this matter is entered into the public record in accordance with Minn. Stat. 10A.02, subd. 11, and upon receipt of the signed letters from the candidate and payment by the Lyall Delaney Volunteer Committee of the civil fine imposed herein, the matter is concluded.

Dated: April 24, 2003                              __________________________________

Clyde Miller, Chair

Campaign Finance and Public Disclosure Board