Minutes for July 14, 2010Posted in Minutes
Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
July 14, 2010
Chair Paul Kuramoto, Vice-Chair Steven Olbrich, Dean Robb
Gino Gabrio and Michael Weaver – Excused
Barbara Wong, Tony Baldomero, Ellen Kojima
Deputy Attorney General Robyn Chun
Call to Order:
Meeting convened at 10:00 a.m. with Chair Kuramoto presiding.
Consideration of Minutes:
Vice-Chair Olbrich moved to approve the minutes of the June 9, 2010 meeting. Motion seconded by Commissioner Robb. Motion carried unanimously.
Amendment of Minutes – May 12, 2010
Commissioner Robb moved to approve the minutes of May 12, 2010 as amended (amend to read “first presented 16 allegations” instead of 17 allegations.) Motion seconded by Vice-Chair Olbrich. Motion carried unanimously.
Draft Advisory Opinion 10-01 / Rescind Advisory Opinion 03-05
Draft advisory opinion rescinds Advisory Opinion 03-05 and responds to questions asked by elected officials concerning the use of campaign funds for ordinary and necessary expenses. As discussed at the last meeting, inaugural expenses for food and beverages was moved from what is not considered ordinary and necessary to what is considered ordinary and necessary.
It was discussed that under the section of what is not considered ordinary and necessary expenses, an exception would be inserted for office meetings that include more than just staff members, with a recommendation that a log be kept with names of attendees and the purpose of the meeting.
Commissioner Robb moved to approve draft Advisory Opinion 10-01 as amended. Motion seconded by Vice-Chair Olbrich. Motion carried unanimously.
Draft Advisory Opinion 10-02 Candidate Speaker for Professional Association
Draft advisory opinion responds to a question from a professional association regarding whether a contribution is made when a candidate is invited to speak at a regularly scheduled meeting of the association.
There was discussion over whether it made a difference if it was a regular meeting or a regular monthly meeting and how often they have a speaker. The wording in the draft was amended to reflect regular meetings at which they usually have a speaker. There was further discussion on the facts presented by the requestor and how narrow or broad the opinion should be.
Vice-Chair Olbrich moved to adopt Advisory Opinion 10-02 as amended. Motion seconded by Commissioner Robb. Motion carried unanimously.
Proposed Conciliation Agreement 10-05 In Re the Matter of Jan Shields
The proposed conciliation agreement is offered regarding the late filing of the Supplemental report due on February 2, 2009 and the Supplement report due on February 1, 2010, in violation of HRS sections 11-212 and 11-213. Executive Director Wong recommends the Commission makes a preliminary determination that probable cause exists.
Vice-Chair Olbrich moved to find probable cause of the violations. Motion seconded by Commissioner Robb. Motion carried unanimously.
Respondent Shields waived findings of fact and conclusions of law, requested a contested case hearing, and waives a contested hearing. Respondent agrees to a fine of $150. Recommendation is acceptance of the conciliation agreement with an assessed fine of $150.
Commissioner Robb moved to accept the proposed conciliation agreement and the recommended fine of $150. Motion seconded by Vice-Chair Olbrich. Motion carried unanimously.
Proposed Conciliation Agreement 10-06 In Re the Matter of Roy Takumi
The proposed conciliation agreement is offered regarding the late filing of the Preliminary General report that was due on October 31, 2008, in violation of HRS sections 11-212 and 11-213. Executive Director Wong recommends the Commission makes a preliminary determination that probable cause exists.
Commissioner Robb moved to find probable cause of a violation. Vice-Chair Olbrich seconded the motion. Motion carried unanimously.
Respondent waived findings of fact and conclusion of law, requested a contested case hearing, and waives a contested case hearing. Respondent agrees to a fine of $200. Recommendation is to accept the proposed conciliation agreement with an assessed fine of $200 fine.
Discussion on how the fines are assessed and why the difference between this agreement and conciliation agreement 10-05.
Vice-Chair Olbrich moved to accept the proposed conciliation agreement with an assessed fine of $150. No second.
Matter deferred until August meeting.
Proposed Conciliation Agreement 10-07 In Re the Matter of Frederick Fogel
Matter deferred until August meeting.
Rescind below-listed Advisory Opinions
The advice in the Advisory Opinions is now included in Hawaii Administrative Rules as follows:
AO 97-01 Restricting use of contributions for federal campaigns (HAR §3-160-9)
AO 97-02 Contribution limits for candidates with deficits from previous elections (HAR §3-160-31(b)(2))
AO 97-03 Contribution limits for partnerships (HAR §3-160-31(d))
AO 97-03 Amendment I (HAR §3-160-31)
AO 98-04 Public funding-Death or withdrawal of opponent (HAR §3-160-62(d))
AO 98-08 Detailed expenditure reporting (HAR §3-160-20)
AO 98-09 Use of campaign funds for state party conventions (HAR §3-160-43(a)(7))
AO 98-11 Purchase or lease of campaign vehicle (HAR §3-160-45(b))
Executive Director Wong recommends these advisory opinions be rescinded.
Commissioner Robb moved to rescind advisory opinions 97-01, 97-02, 97-03, 97-03 Amendment I, 98-04, 98-08, 98-09 and 98-11, as subject matter is now addressed in the Hawaii Administrative Rules. Motion seconded by Vice-Chair Olbrich. Motion carried unanimously.
Personnel Issue – Discuss Sub-committee for initial review of Executive Director applications
Discussion on the formation of a permitted interaction group of 2 Commission members or full Commission to review applications submitted. If not many applications received, then all members to review, otherwise, a group of 2 members to review the applications and present recommendations to full Commission.
Commissioner Robb moved that the Chair form a group of 2 Commissioners to review and consider the applications submitted. Motion seconded by Vice-Chair Olbrich. Motion carried unanimously.
Update on HB 2003, HD 3, SD 2
HB 2003, HD3, SD2 enacted as Act 211, Session Laws of Hawaii 2010, without the Governor’s signature.
Status of Disclosure Report Reviews
Associate Director Tony Baldomero reported that he is close to completion of the review of 258 Supplemental Reports covering the period 7/1–12/31/2009 for compliance.
Update – Hawaii County Council Comprehensive Public Funding Project
16 candidates filed the Declaration of Intent to Seek Comprehensive Public Funding, 5 candidates subsequently withdrew their Declarations, and 1 candidate filed for another office. $92,574.80 has been disbursed to 6 candidates, of which 5 candidates are incumbents.
Update on Candidate and Candidate Committee, Noncandidate Committee, Partial Public Financing and Candidate Filing System classes
Classes held – Kauai- 11 attendees
Maui- 32 attendees
Classes for Hilo will be on 7/21/10 and Oahu on 7/27/10.
Commissioner Robb moved to convene executive session to discuss personnel matters. Motion seconded by Vice-Char Olbrich. Motion carried.
Executive session convened at 11:40 a.m. Public session reconvened at 11:43 a.m.
Scheduled for Wednesday, August 11, 2010 at 10:00 a.m.
Commissioner Robb moved to adjourn meeting. Motion seconded by Vice-Chair Olbrich. Motion carried unanimously. Meeting adjourned at 11:45 a.m.