Minutes for December 16, 2009

Posted in Minutes

Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
December 16, 2009
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, Linda Takushi, 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 November 12, 2009 meeting.  Motion seconded by Commissioner Olbrich.  Motion carried unanimously.

Old Business:
Draft Conciliation Agreement 09-03  In Re the Matter of The Gas Company, LLC
Executive Director Wong presented the facts of this conciliation agreement.  The Gas Company, LLC self-reported inadvertent contributions made while The Gas Company, LLC was a state and county contractor, which is in violation of HRS section 11-205.5.  The Gas Company stipulated that it maintained contracts with the state and counties for provision of gas energy material and that funding was from legislative funds from a time prior to July 7, 2007 and beyond May 7, 2009.  Contributions were made on 7-9-07, 7-14-08, and 5-7-09 totaling $900.  Executive Director Wong recommended that the Commission make a preliminary determination of probable cause.

Chair Kuramoto asked for a motion that the Commission make a preliminary determination of probable cause, that the respondent made contributions in violation of HRS section 11-205.5.

Commissioner Gabrio moved that the Commission make a preliminary determination of probable cause.  Commissioner Olbrich seconded the motion.  Motion carried unanimously.

Brian Kang, Esq., representing The Gas Company, LLC, requested a contested case hearing for the record but waived the contested case hearing.

Executive Director Wong recommended accepting the conciliation agreement as drafted and that a fine of $675 be assessed.  The fine calculation was $900 minus the 25% reduction for self-reporting, which equals $675.

Commissioner Gabrio moved to approve the conciliation agreement.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Legislative Proposal Draft Changes from 11/12/09 Commission Meeting
Current draft reflects recommended changes discussed at the November meeting.

After some discussion regarding advertisement disclaimers for yard signs in the draft of proposed bill CSC-02, consensus is that this provision not be included in legislation this year.

New Business:
Hawaii County Council Comprehensive Public Funding Project Update
Executive Director Wong reported that the project starts January 1, 2010.  The Commission staff met and discussed the processing of applications and other procedures of the program with the Hawaii County Clerk Ken Goodenow and staff.  Classes have been conducted and a guidebook, E-Learning video, and FAQ’s have been posted our website.  Associate Director Baldomero showed the Commissioners the various reports that have been developed for the program and discussed modifications made by ICSD to the Candidate Filing System and Noncandidate Committee Filing System.

Next Meeting:
Scheduled for Wednesday, January 13, 2010 at 10:00 a.m.

Commissioner Robb moved to adjourn meeting.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.  Meeting adjourned at 10:40 a.m.