Campaign Spending Commission

Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
September 14, 2010
10:00 a.m.

Commissioners Present:
Chair Paul Kuramoto, Vice-Chair Steven Olbrich, Gino Gabrio, Dean Robb, Michael Weaver

Staff Present:
Barbara Wong, Tony Baldomero, Grant Tanimoto, Ellen Kojima
Deputy Attorney General Robyn Chun

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

Consideration of Minutes:
Commissioner Gabrio moved to approve the minutes of the August 11, 2010 meeting.  Motion seconded by Vice-Chair Olbrich.  Motion carried unanimously.

New Business:
Draft Conciliation Agreement 10-10  In Re the Matter of Dr. Moon Soo Park
Proposed Conciliation Agreement is offered to settle a self-reported excess contribution from Dr. Park to the Shan Tsutsui campaign committee, in violation of Hawaii Revised Statutes (“HRS”) section 11-204(a).  Executive Director Wong recommends the Commission make a preliminary determination that probable cause exists that Respondent Park committed a violation.

Commissioner Weaver moved to find that probable cause exists that Respondent committed a violation.  Motion seconded by Commissioner Gabrio.  Motion carried unanimously.

Respondent Park waives findings of fact and conclusions of law and requests a contested case hearing and waives a contested case hearing.  Respondent agrees to a fine of $150.  Executive Director Wong recommends acceptance of proposed Conciliation Agreement 10-10 with an assessed fine of $150.

Vice-Chair Olbrich moved to accept proposed Conciliation Agreement 10-10.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Draft Conciliation Agreement 10-11  In Re the Matter of Friends of Johanna Amorin
Proposed conciliation agreement is offered to settle the late filing of the First Preliminary Primary disclosure report, in violation of Act 211, Session Laws of Hawaii 2010, (“Act 211”) sections 11-S and 11-Y.  Respondent Amorin acknowledges that the report that was due on 8/2/10 was filed on 8/10/10.   Executive Director Wong recommends the Commission make a preliminary determination that probable cause exists that Respondent Amorin committed a violation.

Commissioner Gabrio moved to find that probable cause exists that Respondent Amorin committed a violation.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Respondent Amorin waives findings of fact and conclusions of law and requests a contested case hearing and waives a contested case hearing.  Respondent agrees to a fine of $100.  Executive Director Wong recommends acceptance of proposed Conciliation Agreement 10-11 with an assessed fine of $100.

Vice-Chair Olbrich moved to accept proposed Conciliation Agreement 10-11.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Draft Conciliation Agreement 10-12  In Re the Matter of Richard Fale
Proposed conciliation agreement is offered regarding the failure to report 5 contributions and 1 expenditure, in violation of section 11-R of Act 211 and the receiving of 3 excess non-resident contributions, in violation of HRS section 11-204.5.  Executive Director Wong recommends the Commission make a preliminary determination that probable cause exists that Respondent Fale committed the violations.

Commissioner Weaver moved to find that probable cause exists that Respondent Fale committed violations.  Motion seconded by Commissioner Gabrio.  Motion carried unanimously.

Respondent Fale waives findings of fact and conclusions of law and requests a contested case hearing and waives a contested case hearing.  Respondent agrees to a $800 fine.  Executive Director Wong recommends acceptance of proposed Conciliation Agreement 10-12 with an assessed fine of $800.

Commissioner Gabrio moved to accept proposed Conciliation Agreement 10-12, subject to the return of the excess non-resident contributions to the contributors.  Motion seconded by Commissioner Olbrich.  Motion carried unanimously.

Rescind below-listed Advisory Opinions
The advice in the Advisory Opinions listed below is now included in Hawaii Administrative Rules as follows:

AO 01-04  Use of Campaign Funds to Donate to Strikers (HAR §3-160-42c, Example 4)
AO 01-07  Newspaper Advertisements (HAR §3-160-4(f)(4))
AO 02-03  Disclosure of Food and Sundry Item Sold (HAR §3-160-4(e)(5))
AO 02-04  Governor and Lieutenant Governor Coordinated Campaign (HAR §3-160-61(c))
AO 03-01  Candidate contributions to Political Parties (HRS §§11-200 and 11-206 collapsed in Act 211 as §11-UU so candidates can use campaign funds both during the election after the election to make contributions to parties, subject to limits)
AO 03-01  Amended  Candidate Contributions to Political Parties (See AO 03-01 above))
AO 03-02  Requirement to File Electioneering Communications (HAR §3-160-48)
AO 03-03  Food Contributions for Talk Story Event (HAR §3-160-4(f), Example 5)
AO 03-04  Discount Ticket Sales to Candidate Committees (HAR §3-160-4(f) Example 6)
AO 04-02  Campaign Training Schools (HAR §3-160-4(e), Example 6)
AO 04-06  Public Financing Expenditures (HAR §3-160-61)
AO 05-03  Public Access Organization Costs and Expenses (HAR§3-160-4(f) Example 2)
AO 05-04  Contributions Include Sale of Advertising (HAR §3-160-4(e), Example 10)  

General Counsel Grant Tanimoto recommends the advisory opinions be rescinded.

Commissioner Gabrio moved to rescind advisory opinions 01-04, 01-07, 02-03, 02-04, 03-01, 03-01 Amended, 03-02, 03-03, 03-04, 04-02, 04-06, 05-03 and 05-04, as subject matter is now addressed in the Hawaii Administrative Rules.  Motion seconded by Vice-Chair Olbrich.  Motion carried unanimously.

Proposed Legislation Topics for 2011
-Technical corrections – Act 211;
– Requiring new candidates to file supplemental reports;
– Extension of reporting deadline if filing system is down;
– Clarify fines for notices and other forms;
– Add definition of address; and
– Amending reporting schedule to accommodate new primary election date for 2012.

Commissioner Weaver moved to convene executive session to discuss personnel matters.  Motion seconded by Commissioner Gabrio.  Motion carried unanimously.

Executive session convened at 10:35 a.m.

Executive session recessed at 11:16 a.m. on September 14, 2010, until Tuesday, September 21, 2010.

Tuesday, September 21, 2010
Executive session meeting reconvened at 10:00 a.m. with Chair Kuramoto presiding.

Public session reconvened at 1:00 p.m.

Commissioner Robb moved to adjourn meeting.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.  Meeting adjourned at 1:01 p.m.