Minutes for January 13, 2010

Posted in Minutes

Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
January 13, 2010
10:00 a.m.

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

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 December 16, 2009 meeting.  Motion seconded by Commissioner Robb.  Motion carried unanimously.

Old Business:
Docket No. 09-01  John Lester v. Don Couch
Proposed Conciliation Agreement 09-04 is offered to settle the fine assessed in the above referenced docket.

Docket 09-01, Complainant John Lester filed a complaint alleging Mr. Couch received excess non-resident contributions.  Commissioners heard the complaint at their May 13, 2009, meeting and made a determination of probable cause of a violation.

Mr. Couch waived findings of fact and conclusions of law, requested a contested case hearing, then waived the contested case hearing.  Staff negotiated a proposed conciliation agreement for the fine of $375.  Staff recommends acceptance of the proposed conciliation agreement.

Chair Kuramoto stated that total contributions for the reporting period should not include the excess non-resident contributions received or any other illegal contributions when calculating the 20% cap.  Executive Director Wong noted for this particular Docket, either calculation would result in the same fine.  Further discussion ensued.  Commissioner Olbrich asked whether Mr. Couch returned the excess non-resident contributions.

Commissioner Gabrio moved to amend the conciliation agreement and approve as amended.  Motion seconded by Commissioner Robb.  Motion carried unanimously.

            Page 3, number 5 to read – The Respondent, in the Final Election Period Report, received contributions in excess of statutory limits. 

            Page 5, XII, New number 2 to read – Respondent shall return any excess non-resident contributions referred to in XI, Paragraph 3. 

Commissioner Robb suggested that an attorney general opinion be requested on the interpretation of total contributions as referred to in section 11-204.5, Hawaii Revised Statutes. 

General Counsel Grant Tanimoto provided a list to the Commissioners of bills that will carryover from the 2009 legislative session.

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

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