Campaign Spending Commission

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

Commissioners Present:
Chair Paul Kuramoto, Vice-Chair Steven Olbrich, Gino Gabrio, Dean Robb
Michael Weaver – Excused Late (arrive 10:10 a.m.)

Staff Present:
Kristin Izumi-Nitao, Grant Tanimoto, Ellen Kojima
Deputy Attorney General Robyn Chun

Call to Order:
Meeting convened at 10:05 a.m. with Chair Kuramoto presiding.

Commissioner Robb acknowledged the first meeting with new Executive Director Izumi-Nitao.

Consideration of Minutes:
Commissioner Gabrio moved to approve the minutes of the October 13, 2010 meeting.  Motion seconded by Commissioner Robb.  Motion carried unanimously. 

New Business:
Proposed Conciliation Agreement 10-17  In Re the Matter of Joseph Pandolfe, Jr.
Proposed Conciliation Agreement is offered to settle a self-reported prohibited donation of campaign funds to a community organization after filing nomination papers, in violation of Act 211, SLH 2010, section 11-UU.

Respondent Pandolfe waives notice of violation of the campaign spending law and the opportunity to explain or otherwise respond to the notice of violation in a meeting conducted pursuant to chapter 92.

Respondent Pandolfe filed nomination papers July 19, 2010, to be a candidate for the office of state senate.  On August 20, 2010 Respondent made a $200 donation from campaign funds to a community organization, which is prohibited by section 11-UU of Act 211.  Respondent did not knowingly, intentionally, or recklessly violate the law. Executive Director Izumi-Nitao recommends the Commission make a preliminary determination that probable cause exists that a violation has been committed.

Commissioner Gabrio moved to find that probable cause exists that Respondent committed a violation.  Motion seconded by Vice-Chair Olbrich.  Motion carried unanimously.

Respondent Pandolfe 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 $75.  Executive Director Izumi-Nitao recommends acceptance of proposed Conciliation Agreement 10-17 with an assessed fine of $75.

Vice-Chair Olbrich moved to accept proposed Conciliation Agreement 10-17.  Motion seconded by Commissioner Gabrio.  Motion carried unanimously.

Proposed Conciliation Agreement 10-18  In Re the Matter of Jadeen Meyers
Proposed conciliation agreement is offered to settle a claim regarding the failure to deposit contributions in violation of Act 211, SLH 2010, section 11-DD and Hawaii Administrative Rules section 3-160-30.

Respondent Meyers waives notice of violation and the opportunity to explain or respond to the notice of violation in a meeting conducted pursuant to chapter 92, HRS.

Respondent Meyers was a candidate for House of Representatives self-reported receiving a monetary contribution and using it before it was deposited into a depository institution. Respondent did not knowingly, intentionally, or recklessly violate the law.   Executive Director Izumi-Nitao recommends the Commission make a preliminary determination that probable cause exists that a violation has been committed.

Commissioner Weaver arrived – 10:10 a.m.

Commissioner Gabrio moved to make a preliminary determination that probable cause of a violation exists.  Motion seconded by Commissioner Robb.  Motion carried unanimously.

Respondent 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 $50.  Executive Director Izumi-Nitao recommends acceptance of proposed Conciliation Agreement 10-18 with an assessed fine of $50.

Commissioner Robb moved to accept proposed Conciliation Agreement 10-18.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

City Council District 1 Special Election
Grant Tanimoto, General Counsel, reported that the special election will be held on December 29, 2010, and that the last day to file papers will be November 19, 2010.  Campaign spending information has been posted on the CSC website.

Legislation Update
Grant Tanimoto, General Counsel, reviewed draft bill CSC-01 with the following changes discussed at the October meeting:
– Deleted language regarding filing system being down;
– Section 11-302, clarify that zip code is part of the address;
– Section 11-334, use general term “election” to conform with paragraph (1)(A);
– Section 11-336, same change as in section 11-334;
– Section 11-355, amended to allow government contractors to contribute to ballot issue and NCC making only independent expenditures;
– Section 11-381, kept language of current statute by permitting purchase of fundraiser tickets to “each” event (deleted “an” from prior draft);
– Section 11-391, revised language to require disclaimer for any advertisement placed; and
– Sections 11-424 and 11-426, deleted references to state income tax deduction which was repealed.

Commissioner Robb moved to convene executive session to consult with attorney on Yamada et al v. Kuramoto et al.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Public session reconvened at 10:50 a.m.

Next Meeting:
Scheduled for Wednesday, December 15, 2010 at 10:00 a.m.

Executive Director Izumi-Nitao, noted that future agendas to include Executive Director Report item, which will provide general information as to issues occurring at the staff level.

Discussion regarding the resignation of Chair Kuramoto and Vice-Chair Olbrich and  selection of a new Chair and Vice-Chair before new commission members come on.

Chair Kuramoto asked for a motion to adjourn meeting.  Vice-Chair Olbrich moved to adjourn meeting.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Meeting adjourned at 11:00 a.m.