Campaign Spending Commission

Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
November 12, 2008
10:00 a.m.

Members Present:
Paul Kuramoto, Steven Olbrich, Dean Robb, Michael Weaver
Gino Gabrio – Excused

Staff Present:
Barbara Wong, Tony Baldomero, Grant Tanimoto, Ellen Kojima

Call to Order:
Meeting convened at 10:00 a.m. with Chairperson Kuramoto presiding.

Consideration of Minutes:
Commissioner Weaver moved to approve the minutes of October 8, 2008, as amended (to amend reference to motion to amend the agenda).  Motion seconded by Commissioner Robb.  Motion carried (aye-Kuramoto, Robb, Weaver / abstain-Olbrich).

Old Business:
Election of New Chair and Vice Chair
Commissioner Olbrich moved to retain current Chair and Vice-Chair.  Motion seconded by Commissioner Robb.  Motion carried unanimously.

New Business:
Conciliation 08-03 for Docket 08-05  In Re the Matter of William K. Medeiros, Medeiros for Council Committee
Proposed agreement offered to settle claims of failure to file 8 required disclosure reports between July 28, 2006 and January 31, 2008.  Under the previous law, the penalty is $50 for each report and $50 for each day the report remained unfiled after publication.  Agreement has been accepted by Councilmember Medeiros.  Staff recommends acceptance of the agreement and a fine of $2,000.

Commissioner Olbrich moved to approve conciliation agreement as drafted.  Motion seconded by Chair Kuramoto.  Motion carried unanimously.

Conciliation Agreement 08-04 Colleen Meyer, Friends of Colleen Meyer
Proposed agreement offered to settle claims that the Friends of Colleen Meyer campaign committee made two donations to community organizations between filing of nomination papers and the general election, in violation of HRS section 11-200 (b) (3).  Staff recommends acceptance of agreement with a fine of $200.

Commissioner Robb moved to accept conciliation agreement as drafted.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Conciliation Agreement 08-05 Reynolds American, Inc.
Proposed agreement offered to settle claim of an excess contribution of $500 from Reynolds American, Inc. to the Friends of Clayton Hee committee, in violation of HRS section 11-204(a).  The excess was self-reported and returned by the Hee committee.  Staff recommends acceptance of the agreement with a fine of $150 assessed Reynolds American, Inc. for making the excess contribution.

Commissioner Olbrich moved to accept conciliation agreement as drafted.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Conciliation Agreement 08-06 Debbie Hecht, Friends of Debbie Hecht
Proposed agreement offered to settle claim that the Hecht committee used campaign funds to support another candidate, in violation of HRS section 11-200(a)(2).  The Hecht committee ran an advertisement in which K. Angel Pilago supported Ms. Hecht candidacy, and supported Pilago’s candidacy for the Mayor’s office.  Staff recommends that the agreement be accepted with a fine of $100 assessed the Hecht committee and the Pilago committee reimburse the Hecht committee $200 for its share of the advertisement.

Commissioner Robb moved to accept conciliation agreement as drafted.   Motion seconded by Commissioner Weaver.  Motion carried unanimously.

In Re Matter of Hawaii Restaurant Association Political Action Committee
The Hawaii Restaurant Association Political Action Committee is requesting a waiver of late filing penalties of $300 for the Preliminary Primary report and $200 for the Final Primary report.   Executive Director Wong presented a history of the committee’s previous filing of reports, a listing of all reminders mailed to the Committee about the reporting deadlines, and reminders on the Commission website,  and recommended that their waiver request be denied.  It was also suggested that the committee be allowed to make monthly payments if needed.

Mr. Thomas Jones, representing the Hawaii Restaurant Association Political Action Committee, stated that their reason for the waiver request is that the filing system is a little confusing and the committee is not very active.  He further requested that if the total penalty could not be waived, asked that the $300 penalty be waived and that he would take care of the $200 penalty.

Commissioner Robb moved to amend the agenda to add an executive session to consult with counsel.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Commissioner Robb moved to convene executive session to consult with counsel on the question of authority to waive penalties.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Public session reconvened at 10:53 a.m.

Commissioner Olbrich moved to deny Hawaii Restaurant Association’s request for waiver of late filing penalties.  Motion seconded by Chair Kuramoto.  Motion carried unanimously.

Communication to Commission:
No communication

Next Meeting:
Scheduled for Wednesday, December 17, 2008

Commissioner Weaver moved to convene executive session to consult with attorney regarding the prohibition on non-resident contributions.  Motion seconded by Commissioner Robb.  Motion carried unanimously.

Public session reconvened – 11:10 a.m.

Commissioner Olbrich moved to adjourn meeting.  Motion seconded by Commissioner Robb.  Motion carried unanimously.  Meeting adjourned at 11:15 a.m.