Minutes for June 14, 2023 Meeting

Posted in Minutes

Campaign Spending Commission Meeting
Zoom Video Conference
June 14, 2023
10:00 a.m.

Commissioners Present
Stanley Lum, Neal Herbert, Bryan Luke, David Chee

Excused
Vic Bonfiglio

Staff Present
Kristin E. Izumi-Nitao, Tony Baldomero, Gary Kam, Terence Lau
Deputy Attorney General Candace Park

Guests
Anthony Piscatelli, Robert Armstrong, Fred Spanjaard, Devin Shaw McMackin, Sr., Jackie Burke, Daniel Smith

Call to Order
Chair Lum called the meeting to order at 10:00 a.m.

Chair Lum went over the procedures for this meeting via Zoom and introduced the Commissioners and Commission staff who were present. He also asked the Commissioners if anyone else was with them. All Commissioners present stated that no one else was with them.

Consideration and Approval of Minutes of Meeting on 5/17/23
Vice-Chair Herbert moved to approve the minutes on 5/17/23. Motion seconded by Commissioner Luke. Motion carried (4-0).

New Business
*Welcome and Introduction of New Elections Assistant Terence Lau – Executive Director Izumi-Nitao introduced Terence Lau as the Commission’s new Elections Assistant. She stated that he started on 5/24/23.

Vice-Chair Herbert moved to take the following matters out of order since Respondents were present. Motion seconded by Commissioner Luke. Motion carried (4-0).

*Docket No. 23-72 – In Re the Matter of Fred Spanjaard and S.A.F.E. Sustainable Action Fund for the Environment – General Counsel Kam reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

He reported that in the Organizational Report filed with the Commission, Respondent Spanjaard is the chairperson and treasurer of the noncandidate committee called S.A.F.E. Sustainable Action Fund for the Environment.

Pursuant to HRS §11-336(d), Respondents were required to file the Supplemental Report for the period covering 11/9/22 through 12/31/22 by 11:59 p.m. Hawaii standard time on 1/31/23. Respondents did not file the report by the deadline.

On 2/1/23, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 2/17/23, Respondents electronically filed the aforementioned report (17 days late).

On 2/22/23, Commission staff notified Respondents via first class mail that a fine of $200 will be assessed for the late filing of the report. The letter informed Respondents that they could avoid the complaint process by waiving their right to be heard at a HRS chapter 92 public meeting and a HRS chapter 91 contested case hearing, and voluntarily paying the fine by 3/8/23. The letter was addressed to Respondents at the addresses listed on their Organizational Report.

Respondents did not voluntarily pay the late report fine.

On 6/2/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $200 for the late filing of the Supplemental Report; and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

Respondent Spanjaard and Anthony Piscatelli (“Anthony”) were present. Respondent Spanjaard stated that he just returned from a 3-week trip and asked Anthony to attend because he is handling the committee’s affairs. Anthony stated that Respondent S.A.F.E.’s president passed away in September 2022 and the committee’s bookkeeper moved to Alaska. He has been trying to close the committee’s account and tie up loose ends but does not have access to the committee’s bank account. He stated that no one has been checking the committee’s mail for the past 8 months, that Commission staff informed him that Respondents cannot terminate because there is a balance in their bank account, that the bookkeeper made mistakes and inputted incorrect amounts, that the last check written was in August 2020, and that he found some payments not recorded.

Chair Lum expressed sympathy for the loss of their president and asked if they were disputing the late filing of the Supplemental Report. Respondent Spanjaard said no and asked about next steps. General Counsel Kam stated that they need to zero out their account, submit a closing bank statement, and pay the $200 fine. He further informed them that the next report due will be 7/31/23 for the reporting period of 1/1/23 to 6/30/23.

Commissioner Chee moved to make a preliminary determination that probable cause exists that a violation had been committed and to accept the fine and terms stated in the complaint. Motion seconded by Vice-Chair Herbert. Motion carried (4-0).

*Docket No. 23-55 – In Re the Matter of Jackie Burke and Burke 4 Aloha Team – General Counsel Kam reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

He reported that in the Organizational Report filed with the Commission, Respondent Burke is the candidate and treasurer of the candidate committee called Burke 4 Aloha Team.

Pursuant to HRS §11-334(a), Respondents were required to file the Supplemental Report for the period covering 11/9/22 through 12/31/22 by 11:59 p.m. Hawaii standard time on 1/31/23. Respondents did not file the report by the deadline.

On 2/1/23, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 2/12/23, Respondents electronically filed the aforementioned report (12 days late).

On 2/14/23, Commission staff notified Respondents via first class mail that a fine of $200 will be assessed for the late filing of the report. The letter informed Respondents that they could avoid the complaint process by waiving their right to be heard at a HRS chapter 92 public meeting and a HRS chapter 91 contested case hearing, and voluntarily paying the fine by 2/28/23. The letter was addressed to Respondents at the addresses listed on their Organizational Report.

Respondents did not voluntarily pay the late report fine.

On 5/24/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $200 for the late filing of the Supplemental Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

Respondent Burke was present and stated that she moved in January, that her daughter was supposed to be checking the P.O. box/mail, that she just came off paying a fine and was confused about this fine, that she has always called the Commission to help her file her reports, that she left messages with the Commission, that she would like a reduction because she is not wealthy, that she is used to getting emails and phone calls from the Commission to remind/assist her, and that she did not know the Commission was short-staffed.

Executive Director Izumi-Nitao stated that there are over 750 committees and that it is the candidate’s responsibility to know the reporting deadlines and to file the report on time as well as inform the Commission by amending their Organizational Report if there is an address change. Further, there are guidebooks, manuals, and cyber-learning videos on the Commission’s website to assist committees.

Commissioner Luke asked whether Respondent Burke was eligible for a conciliation agreement. Executive Director Izumi-Nitao reported that she is eligible for a ½ reduction as this would be her 2^nd late report.

Commissioner Luke moved to continue the matter to the next Commission meeting to permit Respondent Burke to work with Commission staff on a conciliation agreement. Motion seconded by Vice-Chair Herbert. Motion carried (4-0).

Chair Lum informed Respondent Burke that she should straighten out receipt of her mail and amend her Organizational Report if her address has changed.

*Docket No. 23-68 – In Re the Matter of Devin McMackin, Ellen Deleon, and Friends of Big Mack – General Counsel Kam reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Final Election Period Report.

He reported that in the Organizational Report filed with the Commission, Respondent McMackin is the candidate and Respondent Deleon is the treasurer of the candidate committee called Friends of Big Mack.

Pursuant to HRS §11-334(a), Respondents were required to file the Final Election Period Report for the period covering 10/25/22 through 11/8/22 by 11:59 p.m. Hawaii standard time on 12/8/22. Respondents did not file the report by the deadline.

On 12/9/22, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 12/30/22, Respondents electronically filed the aforementioned report (22 days late).

On 1/5/23, Commission staff notified Respondents via first class mail that a fine of $200 will be assessed for the late filing of the report. The letter informed Respondents that they could avoid the complaint process by waiving their right to be heard at a HRS chapter 92 public meeting and a HRS chapter 91 contested case hearing, and voluntarily paying the fine by 1/19/23. The letter was addressed to Respondents at the addresses listed on their Organizational Report.

Respondents did not voluntarily pay the late report fine.

On 6/2/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $200 for the late filing of the Final Election Period Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

Respondent McMackin was present and stated that he was having trouble filing the report because the electronic filing system was not compatible with Android or Apple devices, that he had to go to the library to file the report, that he does not use a desktop or laptop, and that he has run before for office and had no problem with reporting.

Associate Director Baldomero stated that the system requires filing a report on a desktop using Google Chrome or Microsoft Edge. He stated that when the system was converted in 2021, the system compatibility changed requiring committees to file on a desktop.

Commissioner Luke asked if Respondents were eligible for a conciliation agreement. Associate Director Baldomero replied no.

Respondent McMackin thanked Commission staff for their work and assistance.

*Commissioners returned to the order of business as stated on the agenda.

*Docket No. 23-51 – In Re the Matter of Jonathan Lee and Committee to Elect Jonathan Lee – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Lee is the candidate and treasurer of the candidate committee called Committee to Elect Jonathan Lee.

On 6/13/23, Respondent Lee paid the late report fine of $200, and therefore, Executive Director Izumi-Nitao recommended that the matter be dismissed due to compliance.

Vice-Chair Herbert moved to dismiss the complaint. Motion seconded by Commissioner Chee. Motion carried (4-0).

*Docket No. 23-52 – In Re the Matter of Daniel Smith and Daniel for Maui – General Counsel Kam reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

He reported that in the Organizational Report filed with the Commission, Respondent Smith is the candidate and treasurer of the candidate committee called Daniel for Maui.

On 2/1/23, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 3/10/23, Respondents electronically filed the aforementioned report (38 days late).

On 3/22/23, Commission staff notified Respondents via first class mail that a fine of $200 will be assessed for the late filing of the report. The letter informed Respondents that they could avoid the complaint process by waiving their right to be heard at a HRS chapter 92 public meeting and a HRS chapter 91 contested case hearing, and voluntarily paying the fine by 4/5/23. The letter was addressed to Respondents at the addresses listed on their Organizational Report.

Respondents did not voluntarily pay the late report fine.

On 5/24/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $200 for the late filing of the Supplemental Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

He further reported that Respondent Smith emailed the Commission a response on 6/9/23 which has been included in the Commissioners’ meeting materials stating that he has been in Utah since the beginning of 2023, that he has requested to terminate his registration, that he has donated his surplus funds to an educational institution, and that he has fulfilled all the requirements to terminate his registration.

Executive Director Izumi-Nitao acknowledged that Respondent Smith has requested to terminate his candidate committee’s registration, but that the Commission has not received a closing bank statement and that his committee shows a surplus of $416.43. Thus, Respondents are ineligible to terminate. Commission staff will so inform him and also let him know that there is no expenditure showing a donation to an educational institution.

Respondent Smith was present and stated that there is no surplus, that every penny has been accounted for, that there is a closing bank statement, that he did everything he thought he needed to before he left for Utah to take care of his grandparents who have passed away, that his mail is not getting to him, that his friend in Maui texted him about this matter, that he has called the Commission multiple times and left voice mails, and that he thought his committee was terminated.

Chair Lum expressed sympathy for Respondent Smith’s grandparents and asked Commission staff about the surplus.

General Counsel Kam reported that in Respondent Smith’s last filed report, the Supplemental Report at issue here, there is a $416.43 surplus.

Respondent Smith stated that there must be a mistake in the reporting because every penny has been accounted for and that he closed his bank account in November.

Associate Director Baldomero informed Respondent Smith that he needs to reconcile his bank statements with his entries to get the balance to zero, pay the $200 fine, and submit a closing bank statement. He stated that he would contact Respondent Smith to assist him.

*Docket No. 23-53 – In Re the Matter of Tess Quilingking, Elizabeth Ubaldo, and Friends of Tess Abalos – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Quilingking is the candidate and Respondent Ubaldo is the treasurer of the candidate committee called Friends of Tess Abalos.

Pursuant to HRS §11-334(b), Respondents were required to file the Supplemental Report for the period covering 7/1/22 through 12/31/22 by 11:59 p.m. Hawaii standard time on 1/31/23. Respondents did not file the report by the deadline.

On 2/1/23, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 3/29/23, Respondents electronically filed the aforementioned report (57 days late).

On 3/30/23, Commission staff notified Respondents via first class mail that a fine of $200 will be assessed for the late filing of the report. The letter informed Respondents that they could avoid the complaint process by waiving their right to be heard at a HRS chapter 92 public meeting and a HRS chapter 91 contested case hearing, and voluntarily paying the fine by 4/13/23. The letter was addressed to Respondents at the addresses listed on their Organizational Report.

Respondents did not voluntarily pay the late report fine.

On 5/24/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $200 for the late filing of the Supplemental Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

Vice-Chair Herbert moved to make a preliminary determination that probable cause exists that a violation had been committed and to accept the fine and terms stated in the complaint. Motion seconded by Commissioner Chee. Motion carried (4-0).

*Docket No. 23-54 – In Re the Matter of Feki Pouha and Friends of Feki Pouha – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Pouha is the candidate and treasurer of the candidate committee called Friends of Feki Pouha.

On 2/1/23, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 3/29/23, Respondents electronically filed the aforementioned report (57 days late).

Respondents did not voluntarily pay the late report fine.

On 5/24/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $200 for the late filing of the Supplemental Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

*Docket No. 23-56 – In Re the Matter of Rida Cabanilla, Ernest L. Brooks, and Friends of Rida Cabanilla – General Counsel Kam reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

He reported that in the Organizational Report filed with the Commission, Respondent Cabanilla is the candidate and Respondent Brooks is the treasurer of the candidate committee called Friends of Rida Cabanilla.

On 2/1/23, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 2/5/23, Respondents electronically filed the aforementioned report (5 days late).

On 2/7/23, Commission staff notified Respondents via first class mail that a fine of $200 will be assessed for the late filing of the report. The letter informed Respondents that they could avoid the complaint process by waiving their right to be heard at a HRS chapter 92 public meeting and a HRS chapter 91 contested case hearing, and voluntarily paying the fine by 2/21/23. The letter was addressed to Respondents at the addresses listed on their Organizational Report.

Respondents did not voluntarily pay the late report fine.

On 5/24/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $200 for the late filing of the Supplemental Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

*Docket No. 23-58 – In Re the Matter of Megeso-William Denis and Megeso for Mayor – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Final Election Period Report.

She reported that in the Organizational Report filed with the Commission, Respondent Denis is the candidate and the treasurer of the candidate committee called Megeso for Mayor.

Pursuant to HRS §11-334(a), Respondents were required to file the Final Election Period Report for the period covering 8/14/22 through 11/8/22 by 11:59 p.m. Hawaii standard time on 12/8/22. Respondents did not file the report by the deadline.

On 12/9/22, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 12/14/22 and 12/29/22, Commission staff phoned Respondents and left voice messages informing them to file the aforementioned report. On 1/5/23, Commission staff spoke with Respondent Denis over the phone and told him that the report still needed to be filed.

On 1/5/23, Respondents electronically filed the aforementioned report (28 days late).

On 1/6/23, Commission staff notified Respondents via first class mail that a fine of $2,307.79 will be assessed for the late filing of the report. The letter informed Respondents that they could avoid the complaint process by waiving their right to be heard at a HRS chapter 92 public meeting and a HRS chapter 91 contested case hearing, and voluntarily paying the fine by 1/20/23. The letter was addressed to Respondents at the addresses listed on their Organizational Report.

Respondents did not voluntarily pay the late report fine.

On 5/24/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $2,307.79 for the late filing of the Final Election Period Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

*Docket No. 23-60 – In Re the Matter of Christopher Fidelibus and Chris Fidelibus – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Fidelibus is the candidate and treasurer of the candidate committee called Chris Fidelibus.

On 6/13/23, Respondent Fidelibus paid the late report fine of $200, and therefore, Executive Director Izumi-Nitao recommended that the matter be dismissed due to compliance.

Commissioner Luke moved to dismiss the complaint. Motion seconded by Vice-Chair Herbert. Motion carried (4-0).

*Docket No. 23-61 – In Re the Matter of Grant Kalima, Kari Kalima, and Friends for Kalani Kalima – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Grant Kalima is the candidate and Respondent Kari Kalima is the treasurer of the candidate committee called Friends for Kalani Kalima.

On 6/13/23, Respondent Kalima paid the late report fine of $200, and therefore, Executive Director Izumi-Nitao recommended that the matter be dismissed due to compliance.

Commissioner Luke moved to dismiss the complaint. Motion seconded by Commissioner Chee. Motion carried (4-0).

*Docket No. 23-62 – In Re the Matter of Sandra Klutke, Maile Ann C. Bloxsom, and Friends of Sandi Kato-Klutke – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Klutke is the candidate and Respondent Bloxsom is the treasurer of the candidate committee called Friends of Sandi Kato-Klutke.

On 6/9/23, Respondent Klutke paid the late report fine of $200, and therefore, Executive Director Izumi-Nitao recommended that the matter be dismissed due to compliance.

Commissioner Luke moved to dismiss the complaint. Motion seconded by Commissioner Chee. Motion carried (4-0).

*Docket No. 23-64 – In Re the Matter of Jacquelyn Nelson, Katerina Norman, and Friends of Jakki Nelson – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Nelson is the candidate and Respondent Norman is the treasurer of the candidate committee called Friends of Jakki Nelson.

On 2/1/23, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 2/6/23, Respondents electronically filed the aforementioned report (6 days late).

On 2/9/23, Commission staff notified Respondents via first class mail that a fine of $200 will be assessed for the late filing of the report. The letter informed Respondents that they could avoid the complaint process by waiving their right to be heard at a HRS chapter 92 public meeting and a HRS chapter 91 contested case hearing, and voluntarily paying the fine by 2/21/23. The letter was addressed to Respondents at the addresses listed on their Organizational Report.

Respondents did not voluntarily pay the late report fine.

On 6/2/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $200 for the late filing of the Supplemental Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

*Docket No. 23-66 – In Re the Matter of Inam Rahman and Friends of Dr. Inam Rahman – General Counsel Kam reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

He reported that in the Organizational Report filed with the Commission, Respondent Rahman is the candidate and treasurer of the candidate committee called Friends of Dr. Inam Rahman.

On 2/1/23, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 3/1/23, Respondents electronically filed the aforementioned report (29 days late).

On 3/2/23, Commission staff notified Respondents via first class mail that a fine of $200 will be assessed for the late filing of the report. The letter informed Respondents that they could avoid the complaint process by waiving their right to be heard at a HRS chapter 92 public meeting and a HRS chapter 91 contested case hearing, and voluntarily paying the fine by 3/16/23. The letter was addressed to Respondents at the addresses listed on their Organizational Report.

Respondents did not voluntarily pay the late report fine.

On 6/2/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $200 for the late filing of the Supplemental Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

*Docket No. 23-67 – In Re the Matter of Dominic Yagong, Chelsea Yagong, and Team Yagong –General Counsel Kam reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

He reported that in the Organizational Report filed with the Commission, Respondent Dominic Yagong is the candidate and Respondent Chelsea Yagong is the treasurer of the candidate committee called Team Yagong.

On 2/1/23, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 2/23/23, Respondents electronically filed the aforementioned report (23 days late).

On 2/23/23, Commission staff notified Respondents via first class mail that a fine of $200 will be assessed for the late filing of the report. The letter informed Respondents that they could avoid the complaint process by waiving their right to be heard at a HRS chapter 92 public meeting and a HRS chapter 91 contested case hearing, and voluntarily paying the fine by 3/9/23. The letter was addressed to Respondents at the addresses listed on their Organizational Report.

Respondents did not voluntarily pay the late report fine.

On 6/2/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $200 for the late filing of the Supplemental Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

*Docket No. 23-69 – In Re the Matter of Brittny Perez and Aloha Aina National Committee – General Counsel Kam reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

He reported that in the Organizational Report filed with the Commission, Respondent Perez is the chairperson and treasurer of the noncandidate committee called Aloha Aina National Committee.

On 2/1/23, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 2/18/23, Respondents electronically filed the aforementioned report (18 days late).

Respondents did not voluntarily pay the late report fine.

On 6/2/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

Commissioner Luke moved to make a preliminary determination that probable cause exists that a violation had been committed and to accept the fine and terms stated in the complaint. Motion seconded by Commissioner Chee. Motion carried (4-0).

*Docket No. 23-71 – In Re the Matter of Quirino Remigio, Jr., Tyffiny Keliiaa, & Knights of Aloha –Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Remigio is the chairperson and Respondent Keliiaa is the treasurer of the noncandidate committee called Knights of Aloha.

On 2/1/23, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 2/7/23, Respondents electronically filed the aforementioned report (7 days late).

On 2/8/23, Commission staff notified Respondents via first class mail that a fine of $200 will be assessed for the late filing of the report. The letter informed Respondents that they could avoid the complaint process by waiving their right to be heard at a HRS chapter 92 public meeting and a HRS chapter 91 contested case hearing, and voluntarily paying the fine by 2/22/23. The letter was addressed to Respondents at the addresses listed on their Organizational Report.

Respondents did not voluntarily pay the late report fine.

On 6/2/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

*Docket No. 23-73 – In Re the Matter of Theresa Texeira, Theresa “Kinsey” Texeira, and Friends of Kinsey Texeira – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for the late filing of the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Texeira is the candidate and Respondent Kinsey is the treasurer of the candidate committee called Friends of Kinsey Texeira.

On 2/1/23, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 4/27/23, Respondents electronically filed the aforementioned report (86 days late).

On 5/8/23, Commission staff notified Respondents via first class mail that a fine of $200 will be assessed for the late filing of the report. The letter informed Respondents that they could avoid the complaint process by waiving their right to be heard at a HRS chapter 92 public meeting and a HRS chapter 91 contested case hearing, and voluntarily paying the fine by 5/22/23. The letter was addressed to Respondents at the addresses listed on their Organizational Report.

Respondents did not voluntarily pay the late report fine.

On 5/23/23, Commission staff contacted Respondents regarding payment of the fine and was informed by Respondent Texeira’s husband that it would be paid via PayPal the next day. The fine was not paid so on 5/31/23, Commission staff contacted Respondents and informed them that if payment was not made by the end of the week, a complaint would be filed. Respondents did not pay the late report fine.

On 6/5/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 6/14/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $200 for the late filing of the Supplemental Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

Old Business
*Docket No. 23-42 – In Re the Matter of Mitch McPeek and Mitch McPeek – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for failing to file the Supplemental Report. She further stated that this matter had been continued from the 5/17/23 CSC Meeting to permit Respondent McPeek to appear.

She reported that in the Organizational Report filed with the Commission, Respondent McPeek is the candidate and treasurer of the candidate committee called Mitch McPeek.

On 2/1/23, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed. Respondents have not filed the Supplemental Report.

On 5/4/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 5/17/23 Commission agenda.

On 5/14/23, Respondents filed the Supplemental Report and requested termination of their registration.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $500 for failing to file the Supplemental Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-410(e).

*Docket No. 20-12 – In Re the Matter of Eric Ryan v. John Carroll for Governor – General Counsel Kam reported that a complaint by Eric Ryan had been filed against John Carroll for Governor for the failure to timely register, failure to report contributions, failure to report expenditures, improper closing of the committee bank account, and false reporting. The complaint was heard at the Commission’s meeting on 6/10/20 and was referred to the Attorney General’s Office for criminal prosecution.

In a letter dated 6/7/23, the Deputy Attorney General declined prosecution because Respondent John Carroll died and the committee’s treasurer Paet-Ah Sing was unavailable, and thus, they were unable to pursue the criminal investigation.

General Counsel Kam recommended that the matter be dismissed for the reasons mentioned by the Deputy Attorney General.

Vice-Chair Herbert moved to dismiss the complaint. Motion seconded by Commissioner Luke. Motion carried (4-0).

*Consideration, Discussion, Approval, and/or Update of Commission Legislation and Other Campaign Finance Related Bills/Resolutions for the 2023 Legislative Session – General Counsel Kam provided an update of the status of the Commission’s 11 bills and the other related bills introduced this session. He stated that as of the last Commission meeting, there was no new update to report and that no other Commission bills have been signed by the Governor.

Report from Executive Director
*Report on Compliance of Filing Timely Disclosure Reports – Executive Director Izumi-Nitao reported that she has no update since the last Commission meeting other than there remains 18 candidate committees (versus 22) that have not filed the Supplemental Report which was due on 1/31/23.

*Update on the Hiring of Commission Personnel – Executive Director Izumi-Nitao reported that an Administrative Assistant was hired and that she is slated to start on 6/19/23.

*Update on Appointment of New Commissioners – Executive Director Izumi-Nitao reported that she has been in communication with Judicial Council and Boards & Commissions as well as the Comptroller to notify Governor Green of Vice-Chair Neal Herbert’s term and Commissioner Bryan Luke’s term ending at the end of the month.

Chair Lum expressed his appreciation for Commissioner Luke’s service and his dedication and commitment in serving the people of Hawaii for the past 8 years. Vice-Chair Herbert echoed Chair Lum’s sentiments. Robert Armstrong also thanked Commissioner Luke for his wise counsel.

Commissioner Luke thanked the Commission and staff.

EXECUTIVE SESSION
Chair Lum asked for a motion to convene in Executive Session pursuant to HRS §92-5(a)(2) for consideration and approval of the executive session minutes of 5/17/23. He noted however that if there were no revisions or corrections, he would request a motion to approve them in open session.

Vice-Chair Herbert moved to approve the Executive Session minutes on 5/17/23. Motion seconded by Commissioner Luke. Motion carried (4-0).

Next Meeting:
Scheduled for Wednesday, July 19, 2023 at 10:00 a.m. via Zoom.

Chair Lum asked for a motion to adjourn the meeting. Vice-Chair Herbert moved to adjourn the meeting. Motion seconded by Commissioner Chee. Motion carried (4-0).

Meeting Adjourned at 11:50 a.m.

Campaign Spending Commission

Minutes for June 14, 2023 Meeting

Recent Tweets

About Us

Policies