Minutes for June 13, 2012

Posted in Minutes

Campaign Spending Commission
Leiopapa A Kamehameha Building, Room 204
June 13, 2012
10:00 a.m.

Commissioners Present:
Michael Weaver, Dean Robb, Tina Pedro Gomes, G. William Snipes, Mara Miller

Staff Present:
Kristin Izumi-Nitao, Tony Baldomero, Gary Kam, Ellen Kojima
Deputy Attorney General Robyn Chun

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

Consideration of Minutes:
Commissioner Snipes moved to approve the minutes of May 9, 2012.  Motion seconded by Vice-Chair Robb.  Motion carried unanimously.

Old Business:
Legislation Update
General Counsel Gary Kam reported on SB 2508, SD 2, HD 1, CD 1, which has been enrolled to the Governor.  Because the of the date change for the primary election the bill changes the 1stPreliminary Primary report due date from July 31st  to 30 days before the primary election.  Met with the Governor and he did not have any concerns with the change.  When the Governor signs the bill, staff will notice the change on the website, facebook, twitter, email, newsletter, and a memo to be included with the newsletter when it is mailed.

Consideration and Discussion of Strategic Planning and Online Survey
Chair Weaver noted that at the May meeting commissioners were going in the direction of updating the current strategic plan.

Executive Director Izumi-Nitao commented that having a strategic plan is valuable and that commissioners wanted to review the annual report and the results of the on-line survey before deciding on updating or consider a new plan.  The on-line survey is currently at the halfway point.  The survey was pushed out on May 23 and the deadline for responses is June 30, with 2 email reminders planned before the June 30 deadline.  Next meeting will present a report on the completed survey.  Vice-Chair commented that once the survey is complete the results should be posted on the website.

Associate Director Baldomero presented a brief overview of responses to the survey to date.

-Email sent to 670 regarding the on-line survey, also posted on the website
-5 catergories – background, communication, education and training, public funding, and independent expenditures
-98 have started the survey with 79 completing the survey
-Most responses from treasurers of candidate and noncandidate committees
-Mostly positive comments

New Business
Proposed Conciliation Agreement 12-08 – In Re the Matter of Outrigger Enterprises Group
The proposed conciliation agreement is offered to settle a claim regarding the late filing of a Supplemental Report for the period July 1, 2011 through December 31, 2011, which was due on January 31, 2012, in violation of HRS §§11-336 and 11-340.

Executive Director Izumi-Nitao stated that the following proposed conciliation agreement was result of an investigation that she initiated in March 2012 pursuant to HRS §11-314(7) to determine whether there has been a violation of the Hawaii campaign spending laws.

The Respondent was notified of today’s meeting, received a copy of the proposed conciliation agreement, and waived the opportunity to explain or otherwise respond to the notice of violation.  She went through the relevant and specific facts of the matter and the relevant laws that were allegedly violated.

The Respondent is a noncandidate committee and acknowledges that the Supplemental Report was not filed on or before the January 31, 2012 due date.  Respondent’s Supplemental Report was filed on March 27, 2012, and they did not knowingly, intentionally, or recklessly violate HRS §§11-336(a) and 11-340(a).  She recommended that the Commission make a preliminary determination of probable cause that a violation has been committed,

Commissioner Snipes moved that the Commission make a preliminary determination that probable cause exists that a violation has been committed.  Motion seconded by Commissioner Gomes.  Motion carried unanimously.

As final settlement Respondent has agreed to an assessment of $333, pursuant to HRS §11-410 and recommends acceptance of the settlement amount of $333.

Commissioner Miller moved to accept the settlement of $333.  Motion seconded by Vice-Chair Robb.  Motion carried unanimously.

Vice-Chair Robb then made the following motion –

Vice-Chair Robb moved that the Commission make a preliminary determination of probable cause that Respondent has committed a violation of Hawaii campaign spending laws as described in CA 12-08 and that Respondent has waived finding of facts and conclusions of law and Commission approves as settlement an assessment of $333 as provided in CA 12-08.  Motion seconded by Commissioner Gomes.  Motion carried unanimously.

Legislation Update
The following bills have been enrolled to the Governor and if signed will impact Commission’s administrative duties and/or business.

SB 2737 – Permits interactive conference technology (i.e, video conference, teleconference, voice over internet protocol or other web-based connections) to increase ability of commissioners/board members to attend board meetings – eliminates need for video coverage. Bill also retains existing requirements that members attend a meeting only from public locations listed in the notice, but creates an exception for board members with a disability that limits/impairs his/her ability to physically attend the meeting to participate in a board meeting from a private location (i.e., not accessible to the public) if connected by visual and audio means.

SB 2858 – Creates a process for an agency to obtain judicial review of a decision made by OIP relating to the sunshine law or UIPA, and clarifies standard of review.  Allows agencies 30 days to seek judicial review and will have to overcome a high standard of review that would require them to prove that OIP’s challenged decisions are palpably erroneous on the facts and law before they could be overturned.  Neither OIP or the requester are required parties to an appeal.

SB 2859 – Allows commissioners/board members to receive testimony and ask question at public meetings which must be cancelled for lack of quorum provided that they make no decisions and thereafter report to the full board.  Also, allows for less than a quorum of board members to attend and discuss board business at informational meetings provided that they make no decisions and thereafter report to the full board.

Report from Executive Director: 
Update on Treasurer’s Guidebook
Executive Director Izumi-Nitao reported that the final draft was received on May 31, 2012 and that commissioners have been provided a copy.  The guidebook has not been released yet, because of reference to the due date of 1st Preliminary Primary report.  Once the governor signs SB 2508 it will go live and a notice posted on the website. The preface includes an insertion that thanks and acknowledges Paul Kuramoto’s assistance with the production and publication of the guidebook.

Update on Kostick v. Nago Lawsuit
On May 22, 2012 the injunction was denied.  There will be no impact on the Commission and elections will proceed as scheduled.

Update on Public Funding Programs – HCCCPF and Partial Public Funding
HCCCPF -To date 8 candidates have been certified and $195,000 in funds have been distributed.

Partial Public Funding – To dated 1 candidate has received $6,300

Update from Boards and Commissions concerning Appointment of New Commissioners
Informed that applicant interviews are to being this month.

Training Classes
Training classes have been scheduled as follows:  July 17-Kauai, July 19-Maui, July 24-Oahu, and July 27-Hawaii.  Classes will cover the laws and rules, registration, reporting requirements, and partial public funding.

Recognition of Commissioners Dean Robb and Mara Miller
On behalf of the staff, Executive Director Izumi-Nitao thanked Commissioners Robb and Miller for their time and service as commission members.

Vice-Chair Robb moved to convene executive session to consult with attorney.  Motion seconded by Commissioner Miller.  Motion carried unanimously.

Public Session reconvened

Next Meeting:
Scheduled for Wednesday, July 11, 2012 at 10:00 a.m.

Commissioner Snipes moved to adjourn meeting.  Motion seconded by Commissioner Miller.  Motion carried unanimously.  Meeting adjourned at 11:45 a.m.