Minutes for May 12, 2021 Meeting

Posted in Minutes

Campaign Spending Commission
Zoom Video Conference
May 12, 2021
10:00 a.m.

Commissioners Present
Bryan Luke, Stanley Lum, Maryellen Markley, Ph.D., Neal Herbert, Vic Bonfiglio

Staff Present
Kristin Izumi-Nitao, Tony Baldomero, Gary Kam, Yayoi Tumamao, Ellisa Vendiola
Deputy Attorney General Candace Park

Guests
Howard Greenberg, Sandy Ma (Common Cause)

Call to Order
Chair Luke called the meeting to order at 10:01 a.m.

Chair Luke went over the rules for this video conference meeting.

Consideration and Approval of Minutes of Meeting on 4/14/21
Chair Luke asked for comments or changes to the minutes. There were none. Chair Luke called for a motion to approve the minutes.

Vice Chair Lum moved to approve the minutes of the 4/14/21 meeting. Motion seconded by Commissioner Markley. Motion carried (5-0).

New Business
Executive Director Izumi-Nitao stated that the two (2) Conciliation Agreements on the agenda were a result of investigations initiated by Commission staff pursuant to HRS §11-314(7) to determine whether there had been a violation of the Hawaii campaign spending laws.  She stated that Respondents have been informed in a letter from Commission staff of the violation and have been notified of today’s meeting as well as received a copy of the proposed conciliation agreement.  She recommended that the Commission make a preliminary determination of probable cause that a violation had been committed, waive further proceedings, and approve the settlement amounts stated in each of the proposed agreements.

*Proposed Conciliation Agreement No. 21-130 – In Re the Matter of Friends for Banner S. Fanene – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns the failure to file the Final Election Period Report and requests that they assess a reduced fine from $200 to $66.67 as it is Respondent’s first violation. Chair Luke asked if there were any comments or questions.

Vice Chair Lum moved to approve the proposed conciliation agreement. Motion seconded by Commissioner Herbert. Motion carried (5-0).

*Proposed Conciliation Agreement No. 21-131 – In Re the Matter of David E. Ramos, Jr. – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns an excess contribution of $3,000 to a candidate committee and requests that they assess a reduced fine from $500 to $166.67 as it is Respondents’ first violation. Chair Luke asked if there were any comments or questions.

Vice Chair Lum moved to approve the proposed conciliation agreement. Motion seconded by Commissioner Bonfiglio. Motion carried (5-0).

*Docket No. 21-43 – In Re the Matter of Debra Kaiwi, Danny Hong, and Friends of Deb Kaiwi – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Debra Kaiwi, Danny Hong, and Friends of Deb Kaiwi for the failure to file the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Kaiwi is listed as the candidate and Respondent Hong is the treasurer of the candidate committee called Friends of Deb Kaiwi.

Pursuant to HRS §11-334(a)(4)(A), Respondents were required to file the Supplemental Report for the period covering 11/4/20 through 12/31/20 by 11:59 p.m. Hawaii standard time on 2/1/21. Respondents did not file the report.

On 2/2/21, Commission staff sent Respondents a letter via first class mail informing them that the aforementioned report was not filed and that a fine would be imposed.

Respondents have not filed the Supplemental Report.

Because this is Respondents’ first violation for failing to file a report, the Schedule of Fines provides for an administrative fine of $500.

On 4/14/21, Commission staff sent Respondents a copy of the complaint and set the matter on the 5/12/21 Commission agenda. This complaint was amended and sent to Respondents on 4/29/21.

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 failure to file the Supplemental Report, order that the fines be paid from the candidate’s personal funds, if the candidate committee’s funds are insufficient to pay the fines, or if the Commission so orders that the fines, or any portion, be paid from the candidate’s funds, order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-410 within two (2) weeks of receipt of this order, and order that Respondents file the report within two (2) weeks of receipt of this order.

Vice Chair Lum 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 Markley.

Commissioner Herbert asked about the nature of the amendments in this complaint. Executive Director Izumi-Nitao explained that the cited statute in violation was corrected.

Motion carried (5-0).

*Docket No. 21-44 – In Re the Matter of Ron Ka-Ipo and Friends of Ron Ka-Ipo LLC – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Ron Ka-Ipo and Friends of Ron Ka-Ipo LLC for the failure to file the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Ka-Ipo is listed as the candidate and treasurer of the candidate committee called Friends of Ron Ka-Ipo LLC.

On 2/2/21, Commission staff sent Respondents a letter via first class mail informing them that the aforementioned report was not filed and that a fine would be imposed.

Respondents have not filed the Supplemental Report.

Because this is Respondents’ first violation for failing to file a report, the Schedule of Fines provides for an administrative fine of $500.

On 4/14/21, Commission staff sent Respondents a copy of the complaint and set the matter on the 5/12/21 Commission agenda. This complaint was amended and sent to Respondents on 4/29/21.

Commissioner Herbert asked about the nature of the amendments in this complaint. Executive Director Izumi-Nitao explained that as it was done in Docket No. 21-43, the cited statute in violation was corrected.

Motion carried (5-0).

*Docket No. 21-45 – In Re the Matter of Madeline Greene and Friends of Madie Greene – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Madeline Greene and Friends of Madie Greene for the failure to file the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Greene is listed as the candidate and treasurer of the candidate committee called Friends of Madie Greene.

Pursuant to HRS §11-334(b), Respondents were required to file the Supplemental Report for the period covering 7/1/20 through 12/31/20 by 11:59 p.m. Hawaii standard time on 2/1/21. Respondents did not file the report.

On 2/2/21, Commission staff sent Respondents a letter via first class mail informing them that the aforementioned report was not filed and that a fine would be imposed.

Respondents have not filed the Supplemental Report.

Because this is Respondents’ first violation for failing to file a report, the Schedule of Fines provides for an administrative fine of $500.

On 4/14/21, Commission staff sent Respondents a copy of the complaint and set the matter on the 5/12/21 Commission agenda.

*Docket No. 21-47 – In Re the Matter of Chelsea Yagong, Kamlin K. Pung, and Friends of Chelsea Yagong – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Chelsea Yagong, Kamlin K. Pung, and Friends of Chelsea Yagong for the failure to file the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Yagong is listed as the candidate and Respondent Pung is the treasurer of the candidate committee called Friends of Chelsea Yagong.

On 2/2/21, Commission staff sent Respondents a letter via first class mail informing them that the aforementioned report was not filed and that a fine would be imposed.

Respondents have not filed the Supplemental Report.

Because this is Respondents’ second violation for failing to file a report (the first one was in 2015), the Schedule of Fines provides for an administrative fine of $750.

On 4/14/21, Commission staff sent Respondents a copy of the complaint and set the matter on the 5/12/21 Commission agenda.

On 5/10/21, Respondents filed the Supplemental Report, and on 5/11/21, Respondent Yagong submitted a written response to the complaint.

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 $750 for failure to file the Supplemental Report, order that the fines be paid from the candidate’s personal funds, if the candidate committee’s funds are insufficient to pay the fines, or if the Commission so orders that the fines, or any portion, be paid from the candidate’s funds, order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-410 within two (2) weeks of receipt of this order.

Chair Luke asked for a motion to accept the recommended fine and terms stated in the complaint. Commissioner Bonfiglio asked to have discussion on this matter. Chair Luke responded that he would like to take a motion first. Commissioner Bonfiglio moved on this motion. Motion seconded by Commissioner Markley.

Commissioner Bonfiglio stated that he believes if a law is broken, there should be penalties. However, in this case, he found Respondent Yagong’s response letter to be credible, and therefore, the Commission should not fine her based on what she wrote in the letter. He explained that this is an old matter from 2012, and Respondent Yagong seemed to not understand the requirements. Commissioner Bonfiglio also suggested that when forwarding a response letter from Respondents to the Commissioners, staff should include a separate letter with comments about whether the Respondent has high or low credibility. He asked for further discussion on the matter.

Commissioner Markley stated she agreed with Commissioner Bonfiglio, but is interested in discussing the matter.

Commissioner Herbert asked if Respondents paid the fine that was assessed for their first offense back in 2015. Executive Director Izumi-Nitao responded that they did.

Discussion ensued about the reports Respondents were required to file. Commissioner Herbert asked what filings were required between 2015 and 2020. Executive Director Izumi-Nitao responded that since Respondent Yagong did not run for office since 2012, Respondents were required to file two supplemental reports each year which were due on January 31 and July 31. She added that as long as Respondents keep their registration open, they are required to file by law. Commissioner Herbert asked if there were any specific attempts to inform Respondent Yagong that she should terminate. Executive Director Izumi-Nitao stated that candidates are informed through the Commission’s newsletters that if they do not plan to run, they should terminate their registration. However, staff cannot force them to do so. Candidates may choose to run for office later and may be fundraising for consideration of a future office which means that their committee needs to stay registered with the Commission and file reports disclosing their contributions and expenditures.

Chair Luke clarified that this is not an old matter as Commissioner Bonfiglio had stated. Respondent Yagong remained as a candidate by keeping her registration open and since she has not run for office since 2012, she has been filing the supplemental reports since 2012 up until the most recent one which is the matter being addressed at this meeting. He also noted that Respondent Yagong seems to be aware of how to file these reports.

Chair Luke further stated that when the Commission assesses a fine, it is an acknowledgement that the law was violated. For example, if he pays a bill late, there is usually a late fee. He may not have intended to be late, but he acknowledges that if it was late, he would pay the late fee. Same with being ticketed for being cited for an expired parking meter. Chair Luke explained that he sees these fines less as a punishment, but to encourage compliance and transparency. He also expressed his concern about how this could lead to the expectation that the Commission will believe anyone who says they did not mean to violate the law and will waive the fine.

Commissioner Bonfiglio asked if the other members of the Commission found Respondent Yagong’s letter to be credible. Commissioner Markley responded that it is a good letter. Chair Luke responded that it is a good letter, but Respondent Yagong admitted in the letter that she violated the law.

Commissioner Herbert asked if the offense justifies the $750 fine. Commissioner Bonfiglio commented that if he were fined $750, he would see that as a punitive action. Commissioner Herbert asked if there is a leeway in adjusting the fine amount.

Vice Chair Lum stated that while he wants to practice compassion, Respondent Yagong did not at all say she is not guilty of this offense and acknowledged that she fell short. He emphasized the need to be equitable across the board with all the committees especially in consideration of her competitors and fellow candidates. Vice Chair Lum further emphasized that the Commission needs to be fair to those who filed on time and followed the law. Executive Director Izumi-Nitao asked the Commissioners to remember all of the committees that are not in front of them at this meeting because they complied and followed the law, and if they were late, they paid the fine.

Commissioner Herbert asked again if there was a leeway to adjust the fine amount. General Counsel Kam responded that there needs to be a standard, and right now, the standards are what is stated in the law and the Commission’s schedule of fine guidelines which was voted and approved at a public meeting. Commissioner Herbert said it has been 8 years since the first offense and asked if statute of limitations apply for fines being assessed for a second offense. General Counsel responded no and explained that the Commission had considered this very question in the past and decided that there will be no statute of limitations.

Chair Luke asked if there were any further discussion. There were none.

Motion carried (3-2). Commissioner Markley and Commissioner Bonfiglio opposed.

*Docket No. 21-48 – In Re the Matter of Marcelino Velasco, Maybell Pascual, and Velasco Campaign 2018 – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Marcelino Velasco, Maybell Pascual, and Velasco Campaign 2018 for the failure to file the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Velasco is listed as the candidate and Respondent Pascual is the treasurer of the candidate committee called Velasco Campaign 2018.

On 2/2/21, Commission staff sent Respondents a letter via first class mail informing them that the aforementioned report was not filed and that a fine would be imposed.

Respondents have not filed the Supplemental Report.

Because this is Respondents’ first violation for failing to file a report, the Schedule of Fines provides for an administrative fine of $500.

On 4/14/21, Commission staff sent Respondents a copy of the complaint and set the matter on the 5/12/21 Commission agenda.

*Docket No. 21-49 – In Re the Matter of Sam Slom, Lu Fleming, and Friends for Sam Slom – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Sam Slom, Lu Fleming, and Friends for Sam Slom for the failure to file the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Slom is listed as the candidate and Respondent Fleming is the treasurer of the candidate committee called Friends for Sam Slom.

On 2/2/21, Commission staff sent Respondents a letter via first class mail informing them that the aforementioned report was not filed and that a fine would be imposed.

Respondents have not filed the Supplemental Report.

Because this is Respondents’ first violation for failing to file a report, the Schedule of Fines provides for an administrative fine of $500.

On 4/14/21, Commission staff sent Respondents a copy of the complaint and set the matter on the 5/12/21 Commission agenda. The complaint was amended due to a housekeeping measure and was sent to Respondents on 4/20/21. After the complaint had been sent, Respondents filed the Supplemental Report on 4/18/21.

On 5/11/21, Respondent Slom submitted a written response to the complaint.

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 failure to file the Supplemental Report, order that the fines be paid from the candidate’s personal funds, if the candidate committee’s funds are insufficient to pay the fines, or if the Commission so orders that the fines, or any portion, be paid from the candidate’s funds, and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-410 within two (2) weeks of receipt of this order.

*Docket No. 21-50 – In Re the Matter of Theresa Marler and Friends of Aloha Aina – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Theresa Marler and Friends of Aloha Aina for the failure to file the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Marler is listed as the candidate and treasurer of the candidate committee called Friends of Aloha Aina.

On 2/2/21, Commission staff sent Respondents a letter via first class mail informing them that the aforementioned report was not filed and that a fine would be imposed.

Respondents have not filed the Supplemental Report.

Because this is Respondents’ first violation for failing to file a report, the Schedule of Fines provides for an administrative fine of $500.

*Docket No. 21-52 – In Re the Matter of Lenson Sonoda and Friends of Lenson . . . OHA Trustee at Large – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Lenson Sonoda and Friends of Lenson . . . OHA Trustee at Large for the late filing of the Final Election Period Report and the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Lenson Sonoda is listed as the candidate and treasurer of the candidate committee called Friends of Lenson . . . OHA Trustee at Large.

Respondent Sonoda filed nomination papers to be a candidate in the 2020 election.

Pursuant to HRS §11-334(a)(3), Respondents were required to file the Final Election Period Report for the period covering 1/1/20 through 11/3/20 by 11:59 p.m. Hawaii standard time on 12/3/20. Respondents did not file the report by the deadline.

On 12/4/20, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 2/19/21, Respondents filed the report.

On 2/22/21, Commission staff notified Respondents via first class mail that a fine of $200 would be assessed for the filing of the Final Election Period Report 78 days late. Respondents did not pay the late report fine.

On 2/2/21, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 2/19/21, Respondents filed the report.

On 2/22/21, Commission staff notified Respondents via first class mail that a fine of $200 would be assessed for the filing of the Supplemental Report 18 days late. Respondents did not pay the late report fine.

On 4/15/21, Commission staff phoned Respondents and was not able to leave a voicemail message since the voicemail box has not been set up.

On 4/15/21, Commission staff emailed Respondents the notice of fines for the late filing of the Final Election Period Report and the Supplemental Report. The email informed Respondents that they were eligible for a reduction in the fine amount through a Conciliation Agreement and that a nonpayment of the fine would result in the filing of a complaint.

Respondents have not responded nor pay their late report fines.

On 5/4/21, Commission staff sent Respondents a copy of the complaint and set the matter on the 5/12/21 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 failure to timely file the Final Election Period Report and $200 for failure to timely 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 fines, or if the Commission so orders that the fines, or any portion, be paid from the candidate’s funds, and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

Commissioner Herbert noted that the reports were filed very late. He asked why the minimum fines were assessed. Associate Director Baldomero explained that the minimum fine was assessed for both reports because Respondents reported zero activity, and as a result, the fine computation of 25% to zero contributions and expenditures came out to zero. Commissioner Herbert requested this information be included in the complaint. Executive Director Izumi-Nitao explained that this is in the complaint and Elections Assistant Vendiola read that section of the complaint. Commissioner Herbert explained that he would like the fine explained that because there was nothing reported and based on the 25% criteria, the minimum fine was assessed. He agreed to discuss his concerns about the wording with Executive Director Izumi-Nitao. Commissioner Markley volunteered to work with Commissioner Herbert and staff to revise the letters.

Motion carried (5-0).

*Prior to this meeting, Mr. Howard Greenberg (Docket No. 21-53) requested the access information for this meeting so he could respond to the complaint filed against him, but informed Commission staff that he will not be able to join the meeting until 11:00 a.m. due to a scheduling conflict. Ms. Kristi Arriaga (Docket No. 21-54) had also requested the access information but was not present. Chair Luke asked for a motion to take Docket No. 21-53 and Docket No. 21-54 out of order of business on the agenda until Mr. Greenberg and possibly Ms. Arriaga joined the meeting.

Commissioner Bonfiglio moved to take Docket No. 21-53 and Docket No. 21-54 out of order. Motion seconded by Commissioner Herbert. Motion carried (5-0).

Old Business
*Docket No. 21-35 – In Re the Matter of Banner Fanene and Friends for Banner S. Fanene – Executive Director Izumi-Nitao reported that this matter was deferred from the 4/14/21 Commission meeting to permit Respondents to pursue a conciliation agreement (Conciliation Agreement No. 21-130) which was handled earlier at this meeting. As such Executive Director Izumi-Nitao recommended that this complaint be dismissed.

Vice Chair Lum moved to dismiss this complaint. Motion seconded by Commissioner Herbert. Motion carried (5-0).

*Consideration, Discussion, and/or Update of Commission Legislation and Other Campaign Finance Related Bills/Resolutions for the 2021 Legislative Session
General Counsel Kam reported about the status of the Commission’s 8 bills as well as other bills impacting Commission operations/business for the 2021 Legislative Session. He stated that 4 Commission bills went to conference (SB 400, 402, 404, and 405). He went over the bills and recommended that all be approved except for SB 404 which staff is recommending veto due to lack of transparency. Further, there was one bill concerning campaign finance (i.e., SB 200) which staff is recommending for Governor Ige’s approval.

Executive Director Izumi-Nitao asked Ms. Sandy Ma with Common Cause if she had any comments. Ms. Ma responded that Common Cause had requested the Governor to veto SB 404.

Ms. Ma commented on the supplemental report that was addressed earlier in this meeting and the other disclosure reports that are filed by committees. She stressed that when it comes to public transparency issues, these reports are incredibly important to Common Cause as well as the members of the public at large. Ms. Ma explained that they access these reports and review them. She also looks at what people have reported in the past. While she understands that some letters can tug you at your heartstrings, it is vitally important that these reports are filed and that fines are assessed against candidates who fail to file them. She thanked the Commission for upholding transparency in the campaign finance process.

Chair Luke thanked Ms. Ma for her comments. He asked if there were any more comments or questions. There were none.

*Mr. Howard Greenberg joined the meeting at 11:01 a.m.

*Docket No. 21-53 – In Re the Matter of Howard Greenberg and Committee to Elect Howard Greenberg – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Howard Greenberg and Committee to Elect Howard Greenberg for the late filing of the Final Election Period Report and the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Howard Greenberg is listed as the candidate and treasurer of the candidate committee called Committee to Elect Howard Greenberg.

Respondent Greenberg filed nomination papers to be a candidate in the 2020 election.

Pursuant to HRS §11-334(a)(3), Respondents were required to file the Final Election Period Report for the period covering 10/20/20 through 11/3/20 by 11:59 p.m. Hawaii standard time on 12/3/20. Respondents did not file the report by the deadline.

On 12/4/20, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 2/24/21, Respondents filed the report.

On 2/24/21, Commission staff notified Respondents via first class mail that a fine of $200 would be assessed for the filing of the Final Election Period Report 83 days late. Respondents did not pay the late report fine.

On 2/2/21, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 3/1/21, Respondents filed the report.

On 3/3/21, Commission staff notified Respondents via first class mail that a fine of $200 would be assessed for the filing of the Supplemental Report 44 days late. Respondents did not pay the late report fine.

On 3/22/21, Commission staff phoned Respondents and was not able to leave a voicemail message since the voicemail box has not been set up.

On 4/5/21, Commission staff phoned Respondents again, but was not able to leave a voicemail message because the mailbox was full.

On 4/8/21, Commission staff emailed Respondents the notice of fines for the late filing of the Final Election Period Report and the Supplemental Report. The email informed Respondents that they were eligible for a reduction in the fine amount through a Conciliation Agreement and that a nonpayment of the fine would result in the filing of a complaint.

Respondents did not respond nor pay their late report fines.

On 5/4/21, Commission staff sent Respondents a copy of the complaint and set the matter on the 5/12/21 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 failure to timely file the Final Election Period Report and $200 for failure to timely 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 fines, or if the Commission so orders that the fines, or any portion, be paid from the candidate’s funds, and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

On 5/10/21, Respondent Greenberg submitted a written response to the complaint.

Respondent Greenberg was present and stated that this was his first time running for office and he was part of the newly formed Aloha Aina Party. Respondent Greenberg explained that he did not know he needed to file the reports because Aloha Aina Party or anyone from the party did not notify him about them. However, he acknowledged that he received calls and emails from the Commission staff about having to file these reports. Respondent Greenberg further explained that since he did not win the election and did not raise any money, he did not know he needed to continue filing after the election. When he received the emails from the Commission, he thought they were just automatic emails for candidates who won the election and did not think they applied to him.

Regarding his voicemail not being set up, Respondent Greenberg stated there must have been a weird transmission or the staff who called must have dialed the wrong number because it was set up a long time ago. With regards to his voicemail being full, he said that that has happened before.

Respondent Greenberg stated that he did not receive any of the fine letters but acknowledged that he moved in December. He also acknowledged that he checks his P.O. box and received mail but may not have opened them. He thought everything was done when he lost the election. Respondent Greenberg said he had no idea he was fined until he received a call from a Commission staff who informed him about the fine and helped him with the report. The staff also informed him that he had another report to file, but he forgot to file it until he received another call from the staff and filed it right away.

Respondent Greenberg stressed that it was not intentional, and he did not know the rules and the system. He said he did not think it mattered because he only had $100 in his account and did not raise any money. He said his intentions were pure and apologized.

Chair Luke asked for a motion before discussion. Vice Chair Lum moved to accept the staff’s recommendation. Motion seconded by Commissioner Markley.

Chair Luke asked if Respondent Greenberg attended any trainings. Respondent Greenberg responded that he did not. He also said ever since his campaign manager got displaced by the Aloha Aina Party, he was running as an independent ticket under their name. Chair Luke asked if the Aloha Aina Party had represented to him that they will walk him through everything. Respondent Greenberg responded no but explained that they had repeatedly asked him to run for office and helped him get signatures. He said he wanted to give the voters in his district a choice because no one really wanted to go against his opponent.

Chair Luke stated that the fines are assessed when the law is found to be violated. He addressed Respondent Greenberg’s statement that it was not intentional and explained that if a candidate intentionally violates the law, the Commission has the option of referring the matter to a prosecuting authority.

Commissioner Herbert asked if a conciliation agreement can be considered. Executive Director Izumi-Nitao stated that Respondent Greenberg is eligible for a 2/3^rd reduction of the fines since this was his first offense, and therefore, the $400 fine would be reduced to $133.33 if he is agreeable to it. Chair Luke explained the conciliation agreement process and asked if Respondent Greenberg is amenable to a conciliation agreement. Respondent Greenberg responded in agreement and said he will contact the Commission staff after the meeting.

Chair Luke amended the motion to continue the matter to the next meeting to allow Respondent Greenberg to work with Commission staff on a conciliation agreement. Vice Chair Lum seconded. Motion carried (5-0).

*Docket No. 21-54 – In Re the Matter of Maysana Aldeguer, Kristi Arriata, and Friends of Maysana Aldeguer – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Maysana Adleguer, Kristi Arriata, and Friends of Maysana Aldeguer for the late filing of the Supplemental Report.

She reported that in the Organizational Report filed with the Commission, Respondent Aldeguer is listed as the candidate and Respondent Arriata is the treasurer of the candidate committee called Friends of Maysana Aldeguer.

Respondent Aldeguer filed nomination papers to be a candidate in the 2020 election.

On 2/2/21, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 2/16/21, Respondents filed the report.

On 2/16/21, Commission staff notified Respondents via first class mail that a fine of $200 would be assessed for the filing of the Supplemental Report 15 days late. Respondents did not pay the late report fine.

On 2/23/21, Commission staff phoned Respondents and informed them that their fine was outstanding.

On 3/16/21, Commission staff left Respondents a voicemail checking on the status of the fine payment.

On 3/22/21, Commission staff spoke with Respondent Aldeguer who said that she would be paying the fine with a money order.

On 4/5/21, Commission staff phoned Respondents and left a voicemail informing them that if they do not pay the fine, a complaint will be filed.

Respondents have not paid their late report fine.

On 5/4/21, Commission staff sent Respondents a copy of the complaint and set the matter on the 5/12/21 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 failure to timely 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 fines, or if the Commission so orders that the fines, or any portion, be paid from the candidate’s funds, and order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-340(g).

Report from the Executive Director
Executive Director Izumi-Nitao reported the following:

Supplemental Report was due on 2/1/21:
- 15 candidate committees still have not filed.

Final Election Period Report was due on 12/3/20:
- 4 candidate committees still have not filed.

Executive Director Izumi-Nitao reported that there are currently 11 candidates who have been referred to AG-CRD for collection proceedings.

EXECUTIVE SESSION
Chair Luke asked for a motion to convene in Executive Session to: (1) Consider and approve Executive Session minutes from the Commission meeting on 4/14/21; and (2) Pursuant to HRS §92-5(a)(4), to consult with the Commission’s attorneys on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities regarding McGee v. Campaign Spending Commission and Friends of Calvin Say.

Commissioner Markley moved to convene in Executive Session for the aforementioned reasons. Motion seconded by Commissioner Herbert. Motion carried (5-0).

Public Session reconvened at 11:46 a.m.

Commissioner Bonfiglio moved to adjourn the meeting. Motion seconded by Commissioner Markley. Motion carried (5-0). Meeting adjourned at 11:47 a.m.

Next Meeting:
Scheduled for Wednesday, June 23, 2021 at 10 a.m.

Campaign Spending Commission

Minutes for May 12, 2021 Meeting

Recent Tweets

About Us

Policies