Minutes for May 9, 2012

Posted in Minutes

Campaign Spending Commission
Leiopapa A Kamehameha Building, Room 204
May 9, 2012
10:00 a.m.

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

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

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

Chair Weaver requested a motion to amend the agenda to take up Executive Session business before the public portion of the meeting to accommodate scheduling.

Vice-Chair Robb moved to amend the agenda to hear Executive Session business before the public portion of the meeting.  Motion seconded by Commissioner Gomes.  Motion carried unanimously.

Commissioner Miller moved to convene executive session.  Motion seconded by Commissioner Snipes.  Motion carried unanimously.

Public Session reconvened at 11:10 a.m.

Consideration of Minutes:
Commissioner Gomes moved to approve the minutes of April 11, 2012.  Motion seconded by Vice-Chair Robb.  Motion carried unanimously.

Old Business:
Legislation Update
General Counsel Gary Kam reported on the current status of the following campaign financing bills and resolutions before the legislature this session:

HB 2174, HD 1, SD 1 requires that the Commission maintain public records in a searchable database and amends reporting requirements for independent expenditures.  The bill passed the House and Senate, but the House did not agree with Senate changes and the bill went to conference committee where it died.

SB 2508, SD 2, HD 1 is the companion bill to HB 1927.  The Senate Judiciary & Labor committee amended the bill by deleting the amendment to codify deadline for the January 31st Supplemental report.  Bill passed out of conference committee and has been enrolled to the Governor.

SB 2648, HD 1 authorizes that campaign funds may be used to award scholarships to full-time public students attending an institution of higher learning or at a vocational educational school.  The Governor signed the bill into law on 4/13/12 (Act 20).

HR 5, HD 1 is a resolution asking Congress to amend the US Constitution to declare that corporations are not persons. This is in response to Citizens United that held that corporations and unions can spend unlimited amounts of money from their treasuries on independent expenditures.  On 4/13/12, the resolution was adopted in final form.

HCR 5, HD 1 is a resolution asking Congress to amend the US Constitution to declare that corporations are not persons.  Like HR 5, this resolution is in response to Citizens United that held that corporations and unions can spend unlimited amount of money from their treasuries on independent expenditures.  House committees on Judiciary and Finance passed this measure.

SR 68 requesting that Hawaii’s Congressional delegation to propose amendments to the US Constitution to address campaign spending issues in consideration of Citizens United.  Report and Resolution was adopted on 4/12/12 by the Senate.

Consideration and Discussion of Strategic Planning and Online Survey
Executive Director Izumi-Nitao presented commissioners for their review and discussion on whether to consider a new strategic plan or updating the current plan.  She went over the draft proposal to procure strategic planning facilitation services to the commission.  This proposal addressed the background and scope of the project, recommended qualifications of the facilitator, and duration of the project.  In consideration of a timeline, she asked the commissioners to consider that this is an election year, the need to amend/repeal administrative rules, that new commissioners will be appointed in July 2012, and that new action items or projects are being considered such as a searchable database and the updating of training modules for the 3 electronic filing systems.

Executive Director Izumi-Nitao also went over draft #2 of the online survey which incorporated changes suggested at the April meeting.

Discussion ensued and it was suggested that planning on whether to update or consider a new plan should start January 2013, and that for the moment, staff should gather information from such sources as the online survey and the annual report which is being prepared for their review.  Vice-Chair Robb commented that a retreat may also be appropriate to permit commissioners to consider the material gathered as well as discuss the changes to the legal landscape of campaign finance and the role of the commission.

The procurement of a facilitator for strategic planning purposes will be deferred until a decision is made on whether strategic plan will be updated or a new plan.  The online survey will be fine-tuned and launched by staff.

Report from Executive Director: 
11:45 a.m. Vice-Chair Robb presided over meeting due to Chair Weaver’s departure.

Report on Adding “Contact Name” to Name Table in Committee Reporting Schedules
Associate Director Baldomero presented commissioners with screen shots of how the contact name information could be incorporated into the reporting schedule.  He explained that the candidate committee will add into the Address 2 field, which is an optional field, the contact name and phone number of the corporation.  This information, which is not required by law, will appear on the candidate’s public report.

Discussion ensued regarding whether the contact name and phone number of the corporation should be public information since it is not required by law.  Questions arose as to if candidates would get the information and whether the contact person would want his/her name on the report.

To hide information would require ICSD to program that the information be hidden.  Staff to submit request to ICSD for the contact name and phone number information for a corporation be incorporated into the schedule as an optional field, but that the information would be hidden to public viewing.

Report on Automated Calendaring Option for Committees

Associate Director Baldomero reported that there are several programs that could be used such as iCalShare.com and Google calendar.  Staff could create the calendar which could be on the website and interested parties could subscribe to it.  Some concerns and questions were expressed.

Associate Director Baldomero noted that on the commission’s website, the reporting schedules for candidate and noncandidate committees are posted and report reminders are sent using the email system.  It was decided that these methods should suffice.

Report on Public Funding Programs
With respect to the Hawaii County Council Comprehensive Public Funding program, Associate Director Baldomero reported that as of today, there are 12 participating candidates, 5 of whom are certified, and that $112,817 has been distributed.  With respect to the partial public funding program, 1 candidate has been certified and $6,335 has been distributed to that candidate.

Associate Director Baldomero acknowledged the assistance and hard work of Administrative Assistant Ellen Kojima in helping him qualify candidates for public funding.

Update on Treasurer’s Guidebook

Draft received early and the final is due on June 1, 2012.  Commissioners’ comments on the draft guidebook should be submitted to staff by May 18, 2012.

Executive Director Izumi-Nitao commented that she liked the updated approach with the novice treasurer in mind.

Associated Director Baldomero commented that the guidebook reflects Mr. Kuramoto’s experience as a commissioner and treasurer in campaigns.  He also replaced the complex voucher system.  The guidebook is now a simple in-flow and out-flow system and he also integrated it with the electronic filing system.

Report on June CSC Newsletter
Newsletter to be mailed out at the end of June.  This will be the last mailing of the CSC newsletter.  Topics for this newsletter to include:  future newsletters, reporting deadline reminders, update on the public funding programs, legislation update, reminder regarding certification of 2012 elected officials,Yamada update, online survey, treasurer’s guidebook, and revised electronic filing guidebooks.

Next Meeting:
Scheduled for Wednesday, June 13, 2012 at 10:00 a.m.

Commissioner Snipes moved to adjourn meeting.  Motion seconded by Commissioner Miller.  Motion carried unanimously.  Meeting adjourned at 12:30 p.m.