Campaign Spending Commission

Campaign Spending Commission
LeiopapaAKamehamehaBuilding, Room 204
May 8, 2013
10:30 a.m.

Commissioners Present:
Michael Weaver, Tina Pedro Gomes, G. William Snipes, Eldon Ching, Gregory Shoda

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

Call to Order:
Meeting convened at 10:30 a.m. with Chair Weaver presiding.

Consideration of Minutes on 4/10/13:
Vice Chair Snipes moved to approve the minutes of April 10, 2013.  Motion seconded by Commissioner Ching.  Motion carried unanimously. 

New Business
Docket No. 13-28 – In Re the Matter of Rosebella Martinez, Kimberly Okamura, and Friends of Rose Martinez
Executive Director reported that a complaint was filed for the nonpayment of a fine for the late filing of the Final Election Period Report.

Respondent Rosebella Martinez was a candidate in the 2012 election for the office of State House of Representatives, District 40.  Respondent’s Organizational Report lists Kimberly Okamura as the Treasurer for the candidate’s committee, Friends of Rose Martinez. On 12/6/12, the Final Election Period Report was due to the Commission.  Respondents did not file this report by the deadline.  On 12/7/12, staff sent Respondents a letter informing them that the Final Election Period Report had not been filed.  On 12/17/12, Respondents filed a report but it was the wrong report.  Respondents were contacted and the correct report was finally filed on 12/18/12.  On 12/26/12, a letter assessing a fine of $879.50 for the late filing of the Final Election Period Report was sent to Respondents with a requirement to pay the fine by 1/9/13.  Respondents did not pay the fine by 1/9/13.  On 1/14/13, staff spoke with Respondent Martinez about the outstanding fine and that a complaint would be filed against Respondents for noncompliance.

On 1/31/13, the Supplemental Report was due to the Commission.  Respondents filed the wrong Supplemental Report.  On 1/31/13, Respondent Martinez contacted staff and received assistance in filing the correct report.  In speaking with Respondent Martinez, staff learned of expenditures which she needed to correct in her reports.  These corrections were significant to the extent that they factored into the computation of her fine for the late filing of the Final Election Period Report. Once the corrections were made, staff recomputed her fine to be $535.72.  Respondent Martinez agreed to pay the fine in 3 installments over 3 months (i.e., $200 on 2/15/13, $200 on 3/15/13, and $135.72 on 4/19/13).  Respondent Martinez was late with her first payment and when informed that a complaint would be filed, made the first payment of $200 on 3/6/13.  A complaint was not filed.  The second payment was also late and when payment was received, the $200 check bounced due to insufficient funds.  The third and final payment of $135.72 was not received.  Respondent Martinez was sent a copy of the complaint on 4/26/13 and informed that the matter would be set on the 5/8/13 Commission meeting agenda.

Staff recommended that the Commission make a preliminary determination pursuant to HRS §11-405(a) that there is probable cause to believe that he Hawaii campaign spending law was violated, that Respondents be assessed an administrative fine in the amount of $535.72 (and crediting Respondents for the $200 payment already made), that the fine be paid from Respondent Martinez’ personal funds if the committee’s funds were insufficient to pay the fine, and that Respondents make the necessary corrections to the Final Election Period Report and electronically file the amended report within 20 days of receipt of the order.

Commissioner Gomes moved that the Commission make a preliminary determination that probable cause exists that a violation has been committed and to accept the fine of $535.72 and terms as stated in Docket No. 13-28.  Motion seconded by Commissioner Ching.  Motion carried unanimously.

Annual Selection of Commission Leadership
In consideration of his term on the Commission ending in June, Chair Weaver stated that the matter of selecting the next Commission Chair and Vice Chair for a two-year term to commence in June 2013 needs to occur.

Chair Weaver moved to nominate Commissioner Ching as Chair.  Motion seconded by Commissioner Shoda.  (Vote by show of hands – aye – Weaver, Ching / no – Gomes, Snipes, Shoda)

Commissioner Gomes moved to nominate Vice Chair Snipes as Chair.  Motion seconded by Commissioner Shoda.  Motion carried.  (Vote by show of hands – aye – Gomes, Shoda, Snipes / no – Weaver, Ching)

Chair Weaver moved to nominate Commissioner Gomes as Vice Chair.  Motion seconded by Commissioner Ching.  Motion carried unanimously.

Old Business
2013 Legislation
General Counsel Kam reported that the following bills have passed and have been transmitted to the Governor:

SB 30 – Raises the expenditure limit for prosecuting attorney candidates and requires that affidavits to voluntarily limit campaign expenditure limits be filed no later than the time of filing nomination papers.  Bill was signed into law on 4/30/13 (Act 63) and took effect upon approval.

SB 31 – Requires noncandidate committees to report contributions received and made and requires noncandidate committees to file the 1/31 Supplemental Report regardless of whether it is after an election year.  Bill passed final reading and will be transmitted to the Governor.

HB 1147 – Requires noncandidate committees to identify certain top contributors for advertisements, clarifies that persons who fail to file is subject to monitoring and penalties, amends reporting, and repeals HRS §11-332 (corporate filing system).  Bill passed final reading and will be transmitted to the Governor.

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

Report on Compliance of Filing Timely Disclosure Reports
No new update.  Next report due 7/31/13 – Supplemental Report.

Report on New Commission Website
Associate Director Baldomero reported that after the review process, staff received final approval from the Comptroller.  Launch of the revamped website will be on 5/9/13.

Discussion of Future Training Opportunities
Possible training opportunities for Commissioners included understanding the legislative process.  Commissioners to inform Executive Director Izumi-Nitao of any other interests.

Commissioner Gomes moved to convene executive session to consult with attorney.  Motion seconded by Commissioner Ching.  Motion carried unanimously.

Public Session reconvened – 11:15 a.m.

Old Business:
Consideration of Graphics Associated with 2013-2018 Strategic Plan Goals
Executive Director Izumi-Nitao presented 3 options for graphics for the strategic plan for Commissioners to consider.

Option #1 – icons from 2008 – 2012 Strategic Plan
Option #2 – same icons with the Hawaiian word for each icon
Option #3 – different symbols associated with each goal

Comments made regarding the graphics included a statement that Hawaii’s culture should be represented, that the meaning of the Hawaiian word associated with the graphic is helpful, that the graphics should not take away from the substance of the strategic plan, that the graphics could be a distraction, and that Option #3 graphics are more universally understood.

After further discussion Commissioners decided on Option #1 graphics from the 2008-2012 plan.

Consideration, Discussion, and Decision Making of Commission’s Mission Statement
Executive Director Izumi-Nitao presented Commissioners with 2 options for their consideration.

Option #1 – Our mission is to maintain the integrity of the State’s campaign finance system by enforcing applicable laws, education the public, and training campaign committees in order to encourage timely and transparent compliance.
Option #2 – The Hawaii Campaign Spending Commission is dedicated to the integrity and transparency of the campaign finance process by enforcing the law, educating the public, training campaign committees, and administering public financing programs.

After reviewing the 2 options, Commissioners amended the mission statement to:

Our mission is to maintain the integrity and transparency of the campaign finance process by enforcing the law, educating the public, administering public financing, and training campaign committees in order to encourage timely compliance.

Commissioner Gomes moved to approve the mission statement as amended.  Motion seconded by Commissioner Ching.  Motion carried unanimously.

Next Meeting:
Scheduled for Wednesday, June 12, 2013, at 10:30 a.m.

Commissioner Gomes moved to adjourn meeting.  Motion seconded by Vice Chair Snipes.  Motion carried unanimously.  Meeting adjourned at 11:40 a.m.