Campaign Spending Commission

Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
June 9, 2010
10:00 a.m.

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

Staff Present:
Barbara Wong, Grant Tanimoto, Ellen Kojima
Deputy Attorney General Robyn Chun

Call to Order:
Meeting convened at 10:00 a.m. with Chair Kuramoto presiding.

Chair Kuramoto asked for a motion to amend the agenda to move Item 3 Old Business after Item 4 New Business.

Commissioner Robb moved to amend the agenda moving Item 3 Old Business after Item 4 New Business.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Consideration of Minutes:
Commissioner Weaver noted in regards to the May meeting minutes that on page 2, line 3, sentence beginning, “Motion carried by Commissioner Weaver,” should read “Motion seconded by Commissioner Weaver.”

Commissioner Robb moved to approve the minutes of the May 12, 2010 meeting, as corrected.  Motion seconded by Chair Kuramoto.  Motion carried unanimously.

New Business:
Docket No. 10-02  Lynne Matusow v. David Chang
Ms. Lynne Matusow filed a complaint against candidate Mr. David Chang alleging that Mr. Chang did not file a Notice of Intent to Hold A Fundraiser for a fundraiser held on April 20, 2010 with a suggested contribution of $500.

General Counsel Tanimoto contacted Mr. Chang, who came into the office on April 26, 2010 and was served with a copy of the complaint.  Mr. Chang immediately filed the Notice of Intent to Hold a Fundraiser form for the April 20, 2010 fundraiser.

Recommendation is that the committee be fined $50 for late filing of the Notice of Intent to Hold A Fundraiser.

Commissioner Robb moved to accept recommendation of a $50 fine for the late filing of the Notice of Intent to Hold a Fundraiser.  Motion seconded by Vice-Chair Olbrich.  Motion carried unanimously.

Rescind Advisory Opinion 01-02
Information provided in Advisory Opinion 01-02 is outdated.  New and current information is now provided in Hawaii Administrative Rule section 3-160-22.

Vice-Chair Olbrich moved to rescind Advisory Opinion 01-02.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Draft Conciliation Agreement 10-03  In Re the Matter of Friends of Gil Riviere
Proposed conciliation agreement is offered to settle a claim of late filing of the Preliminary General report, which was due on October 31, 2008.

Commissioner Robb moved to find probable cause of a violation.  Motion seconded by Chair Kuramoto.  Motion carried unanimously.

Executive Director Wong informed commissioners that Respondent waived findings of fact and conclusions of law and requested a contested case hearing, which he also waived.  Respondent further agreed to conciliate the matter and has agreed to a $300 administrative fine.

Vice-Chair Olbrich moved to accept the conciliation agreement and the assessment of a $300 administrative fine.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Draft Conciliation Agreement 10-04  In Re the Matter of Friends of Waipa Purdy
Proposed conciliation agreement is offered to settle a claim of late filing of the Preliminary General report, which was due on October 31, 2008.

Executive Director Wong recommended a finding of probable cause of a violation

Chair Kuramoto moved to find probable cause of a violation.  Motion seconded by Commissioner Robb second the motion.  Motion carried unanimously.

Executive Director Wong informed Commissioners that Respondent waived findings of fact and conclusions of law and requested a contested case hearing, which was waived.  Respondent further agreed to conciliate the matter and has agreed to a $250 administrative fine.

Commissioner Robb moved to accept the conciliation agreement and the assessment of a $250 administrative fine.  Motion seconded by Commissioner Weaver.  Motion carried.

(aye – Kuramoto, Gabrio, Robb, Weaver / no – Olbrich)

Draft Advisory Opinion 10-02  Fundraisers and Speakers
Draft advisory opinion responds to a question from a professional association regarding whether a contribution is made when a candidate in invited to speak at a regularly scheduled meeting of a member organization.

After some discussion, Commissioners requested the draft clarify that when a professional organization incurs no additional costs, as they hold regular monthly meetings with speakers, there is no contribution.

Personnel Issue – Performance Evaluation Form
It was suggested that the box regarding length of time a Commissioner is with the Commission be deleted.

Chair Kuramoto suggested and Commissioners agreed that the evaluation form is to be e-mailed to Commissioners and responses e-mailed back to the Administrative Assistant to compile and distribute for their review.

Draft Advisory Opinion 10-01/Rescind Advisory Opinion 03-05
Draft Advisory Opinion 10-01 rescinds Advisory Opinion 03-05 and responds to questions asked by elected officials concerning the use of campaign funds for “ordinary and necessary” expenses.

Commissioners reviewed the draft Advisory Opinion.  After some discussion on whether inaugural food and beverage expenses should be considered a permissible expense, Commissioners asked the staff to redraft the advisory opinion to include inaugural food beverage expenses as permissible.  The footnotes are to be updated based on whether House Bill 2003 HD3 SD2 is enacted into law.

Next Meeting:
Scheduled for Wednesday, July 14, 2010 at 10:00 a.m.

Commissioner Robb moved to adjourn meeting.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.  Meeting adjourned at 11:15 a.m.