Minutes for June 12, 2008

Posted in Minutes

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

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

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

Call to Order:
Meeting convened at 10:03 a.m. with Chairperson Kuramoto presiding.

Chair Kuramoto requested that the agenda be amended to include an executive session pursuant to HRS section 92-5(a)(4), to consult with counsel, and that discussion for New Business be held before Old Business.

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

Commissioner Weaver moved to amend the agenda to move discussion of New Business before Old Business.  Motion seconded by Robb.  Motion carried.

Consideration of Minutes:
Commissioner Gabrio moved to approve the minutes of May 14, 2008.  Motion seconded by Commissioner Robb.  Motion carried.

New Business:
Draft Conciliation Agreement 08-01 Iron Workers Stabilization Fund
The proposed draft conciliation agreement is to settle an excess contribution from the Iron Workers Stabilization Fund noncandidate committee to the Friends of Dwight Takamine candidate committee.  The Iron Workers committee self-reported the $1,500 excess to the Commission.  Friends of Dwight Takamine committee also discovered the excess contribution, contacted the Commission, and returned the excess contribution to the Iron Workers Stabilization Fund within 30 days of receipt.  Because the Iron workers committee self-reported the excess contribution, staff recommends that the usual fine of $500 be reduced 25% to a fine of $375.

Discussion held on whether committees needed to be a legal entity.  The definition of “committee” includes two people combining their money and contributing it, so there is no requirement for a committee to be a legal entity.  If there is a lawsuit involving a noncandidate committee, the responsible party would be the chairperson and in some instances, the treasurer, because they signed the organizational report acknowledging and accepting appointment to their positions.

Commissioner Gabrio moved to accept the conciliation agreement as modified by adding additional lines to the signature page.  Motion seconded by Commissioner Robb.  Motion carried.

Old Business:
Draft Advisory Opinion 08-01 / Rescind Advisory Opinion 03-05
The draft of AO 08-01 was amended to allow food and beverages for legislative opening day as an allowable “ordinary and necessary” expense.  The suggested amendment was made because food and beverage expense for legislative opening day is usual, it bears a direct relation to the office, and is reasonable.

Discussion was held on whether food and beverage should be an allowable “ordinary and necessary” legislative opening day expense.  Commissioners in general don’t feel campaign funds should be used to pay for something that benefits someone else, similar to vote buying.  Additionally, there was discussion regarding the difference between food and beverage expense for legislative opening day and for an inauguration. It was suggested that the matter be deferred until HB 661 is enacted or vetoed, as there is legislative commentary on the interpretation of “ordinary and necessary” in the Conference Committee report for HB 661.

Commissioner Gabrio moved to defer the AO 08-01 pending the Governor’s action on HB 661.  Motion seconded by Mr. Weaver.  Motion carried.

Communication to Commission:
Legislation Update
HB 661
H.B. 661 has not yet been enacted or vetoed.

LRB Study on a Constitutional Convention
House Concurrent Resolution No. 231 H.D.1 requests that the Legislative Reference Bureau do a study on the cost of convening a constitutional convention.  LRB has requested information from the Campaign Spending Commission on our projected costs for a constitutional convention election with varying numbers of delegates, and the projected cost of public financing for a constitutional convention.

Noncandidate Committee Filing System
The Noncandidate committee filing system, which is a web-based, multi-user system, launched last week.  The first training session was held on 6/10/08 on Kauai, with sessions to follow on Hilo, Maui and Honolulu.  ICSD is now working on phase II, which will allow data to be imported into the Candidate Filing System.

Marketing Program
The staff is contacting various shopping malls in regards to displaying the Candidate Filing System and Noncandidate Filing System on laptops and television screens, to increase the public’s awareness of the information available to them prior to voting.

Multi-Year Education Plan-Strategic Plan Goal 2(a)
Awaiting webstat information from ICSD.  Deferred until the July meeting.

Commissioner Gabrio moved to convene an executive session at 11:00 a.m. to consult with attorney, pursuant to HRS 92-5(a)(4).  Motion seconded by Commissioner Weaver.  Motion carried.

Public session reconvened at 11:05 a.m.

Next Meeting:
Scheduled for Wednesday, July 9, 2008

Commissioner Gabrio moved to adjourn the meeting.  Motion seconded by Commissioner Weaver.  Motion carried.

Meeting adjourned at 11:10 a.m.