Campaign Spending Commission

Campaign Spending Commission
Leiopapa A Kamehameha Building, Room 204
September 11, 2013
10:30 a.m.

Commissioners Present:
G. William Snipes, Eldon Ching, Gregory Shoda, Adrienne Yoshihara

Staff Present:
Kristin Izumi-Nitao, Tony Baldomero, Gary Kam, Ellen Kojima

Call to Order:
Meeting convened at 10:35 a.m. with Chair Snipes presiding.

Consideration of Minutes on 7/10/13:
Commissioner Ching moved to approve the minutes of July 10, 2013.  Motion seconded by Commissioner Yoshihara.  Motion carried unanimously.

New Business
Proposed Conciliation Agreement 14-01 – In Re the Matter of Republican Women’s Club of Kauai
Proposed Conciliation Agreement 14-02 – In Re the Matter of Friends of Sonson
Executive Director Izumi-Nitao stated that the proposed conciliation agreements are a result of investigations that she initiated in August 2013 pursuant to HRS §11-314(7) to determine whether there has been a violation of the Hawaii campaign spending laws.

Respondents have been notified in a letter of the fine that Commission staff computed as a result of their late filed report.   Further, they have been notified of today’s meeting, received a copy of the proposed conciliation agreement, and waived the opportunity to explain or otherwise respond to the notice of violation.  She recommended that the Commission make a preliminary determination of probable cause that a violation has been committed, waive further proceedings, and approve the settlement amounts as stated in each of the proposed agreements.

Commissioners acknowledged that the proposed conciliation agreements had been reviewed and that they had no additional questions:

Chair Snipes moved that the Commission makes a preliminary determination that probable cause exists that a violation had been committed and accepts the settlement terms and amounts as stated in each conciliation agreement.  Motion seconded by Commissioner Yoshihara.  Motion carried unanimously.

Docket No. 14-01 – In Re the Matter of Progressive Hawaii Now, John J. Higgins, Randy W. Ching, and Kory Payne
Present – Kory Payne

General Counsel Kam reported that a complaint was filed for the failure to timely file the Final Election Period and Supplemental Reports, excess contribution, false Preliminary Primary Report, unauthorized expenditures of committee funds, failure to amend the Organizational Report, and failure to keep records.

Respondent Progressive is a noncandidate committee registered with the Commission.  Their Organizational Report identifies Respondent Higgins as the chairperson and Respondent Ching as the treasurer of the noncandidate committee.  Respondent Payne is not identified as an officer of the noncandidate committee.

On 12/7/12, Commission staff sent a letter informing Respondents that the Final Election Period Report for the period 10/23/12 through 11/6/12 was not filed and of the imposition of a fine.  On 1/3/13, the report was filed and Commission staff sent a letter notifying Respondents of a late report fine of $200.

On 2/1/13, Commission staff sent a letter informing Respondents that the Supplemental Report for the period 11/7/12 through 12/31/12 was not filed and of the imposition of a fine.  On 2/6/13, Respondent Payne called and informed staff that the committee’s bank account balance was $117 and that he intended to seek donations to cover the $200 fine for the Final Election Period Report, and that he thought he had filed a no activity report for the supplemental period.  Respondent Payne was informed that the Supplemental Report had not been filed and that the Final Election Period Report reported a surplus of $869.  Respondent Payne informed staff that he would look into the discrepancy between the reported surplus and the actual bank balance.  Staff further informed Respondent Payne that staff would be willing to recommend to the Commission that Respondent Progressive be allowed to terminate its registration and allow the $200 fine be satisfied with the payment of the $117 balance and not enforce the fine for the late filing of the Supplemental Report if Respondent Payne is able to reconcile the reported surplus, close the bank account, and request termination of Respondent Progressive’s noncandidate committee registration.

Respondents did not follow-up so on 5/1/13, Commission staff sent Respondents a letter informing them that a fine $200 was assessed for the late filing of the Supplemental Report.  The letter was also sent to Respondent Higgins at the address provided in the Organizational Report.  It was returned as “unable to forward.” The Organizational Report has not been amended to provide a current address for Respondent Higgins.

On 5/24/13, Executive Director Izumi-Nitao issued a subpoena duces tecum to First Hawaiian Bank to obtain the bank records of Respondent Progressive.  Bank records received on 6/20/13 showed that Respondents Higgins, Ching, and Payne’s signatures appear on the accounts signature card. Records further revealed that Respondent Ching made a $2,000 contribution to Respondent Progressive, and that 9 days later, Respondent Progressive returned $1,000 to Respondent Ching.  The initial $2,000 contribution nor the return of the $1,000 was disclosed in Respondent Progressive’s Preliminary Primary Report.

On 6/25/13, Commission staff sent a letter to Respondents requesting that they provide staff a copy of the contract between Respondent Progressive and MOBI PCS (cellular phone service), monthly statements from MOBI PCS, and the identity of the person or persons using MOBI PCS device. To date, Respondents have not provided any records or information.

Staff recommended that the Commission make a preliminary determination pursuant to HRS §11-405(a) that probable cause exists to believe that violations of campaign finance laws have been committed, and to assess fines as follows:

Count I – $200 for the late filing of the Final Election Period Report (with credit for the $117 already paid) against Respondents Progressive and Ching;
Count II – $200 for the late filing of the Supplemental Report against Respondents Progressive and Ching;
Count III – $350 for the excess contribution against Respondent Ching;
Count IV – $500 for false filing of the Preliminary Primary Report against Respondents Progressive, Higgins, and Ching;
Count V – $1,000 for unauthorized expenditures of committee funds against Respondent Higgins and $1,000 against Respondent Payne;
Count VI – $50 for failure to amend the Organizational Report against Respondents Progressive and Ching; and
Count VII – $1,000 for failure to keep records against Respondents Progressive and Ching.

Respondent Payne did not deny any of the allegations and regarding the submission of the requested information, he informed the Commission that because it was Respondent Ching that contracted with MOBI PCS he will have to be the one to get the information, and said that Respondent Ching is currently out-of-state and should be back sometime later this month.

Chair Snipes moved that regarding Counts I-VI of Docket No. 14-01, the Commission make a preliminary determination that probable cause exists that violations have been committed and to accept the fines and terms as stated in Docket No. 14-01, and that Count VII be continued until the October 9, 2013 Commission meeting.  Motion seconded by Commissioner Yoshihara.  Motion carried (aye-Snipes, Ching, Yoshihara / abstain-Shoda).

Docket No. 14-02 – In Re the Matter of Bart Mulvihill, Janet Grantham, and Friends and Supporters of Bart Mulvihill State Senate District 6
Executive Director Izumi-Nitao reported that a complaint was filed for the non-filing of the Supplemental Report.  There is presently an action against Respondents in the Circuit Court of the First Circuit to enforce the Commission’s prior orders against Respondents in Dockets Nos. 13-15 and 13-24.

Respondent Bart Mulvilhill was a candidate in the 2012 election for the office of State Senate, District 6.  Respondent’s Organizational Report reports that Mulvihill is the candidate and Janet Grantham is identified as the committee’s treasurer. 

On 8/1/13, Commission staff sent Respondents a letter informing them that the Supplemental Report for the period covering 1/1/13 through 6/30/13 was not filed and of the imposition of a fine. Respondents did not electronically file the Supplemental Report.  On 8/22/13, Commission staff sent Respondents a copy of the complaint and set the matter on the 9/11/13 Commission agenda.

Staff recommended that the Commission make a preliminary determination pursuant to HRS §11-405(a) that probable cause that violations exist, assess a fine of $500, order that the fine be paid from the candidate’s personal funds, if the candidate committee’s funds are insufficient to pay the fine, order that all administrative fines be deposited in the general fund, pursuant to HRS §11-340(g), and that the report be filed within 20 days of receipt of this order.

Commissioner Ching moved that the Commission make a preliminary determination that probable cause exists to believe that a violation of campaign finance law had been committed and to accept the fine of $500 and terms as stated in Docket No. 14-02.  Motion seconded by Chair Snipes.  Motion carried unanimously.

Docket No. 14-03 – In Re the Matter of Adam Reeder, Melissa Reeder, and Friends of Adam Reeder
Executive Director Izumi-Nitao reported that a complaint was filed for the non-filing of the Supplemental Report.  Respondents have also not filed the Supplemental Report that was due on January 31, 2013, as ordered by the Commission in Docket No. 13-26.

Respondent Adam Reeder was a candidate in the 2012 election for the State House of Representative, District 4.  Respondent’s Organizational Report reports that Reeder is the candidate and Melissa Reeder is the treasurer of the Friends of Adam Reeder candidate committee.

On 8/1/13, Commission staff sent Respondents a letter informing them that the Supplemental Report for the period covering 1/1/13 through 6/30/13 was not filed and of the imposition of a fine. Respondents did not electronically file the Supplemental Report.  On 8/22/13, Commission staff sent Respondents a copy of the complaint and set the matter on the 9/11/13 Commission agenda.

Staff recommended that the Commission make a preliminary determination pursuant to HRS §11-405(a) that probable cause exists to believe that a violation of campaign finance law had been committed, assess a fine of $500, order that the fine be paid from the candidate’s personal funds, if the candidate committee’s funds are insufficient to pay the fine, order that all administrative fines be deposited in the general fund, pursuant to HRS §11-340(g), and that the report be filed within 20 days of receipt of this order.

Chair Snipes moved that the Commission make a preliminary determination that probable cause exists to believe that a violation of campaign finance law had been committed and to accept the fine of $500 and terms as stated in Docket No. 14-03.  Motion seconded by Commissioner Shoda.  Motion carried unanimously.

Docket No. 14-04 – In Re the Matter of Noralyn Pajimola, Rudy Pajimola, and Friends of Noralyn Pajimola
Executive Director Izumi-Nitao reported that a complaint was filed for the non-filing of the Supplemental Report.

Respondent Noralyn Pajimola was a candidate in the 2012 election for the State House of Representative, District 1.  Respondent’s Organizational Report reports that Noralyn Pajimola is the candidate and Rudy Pajimola is the treasurer of the Friends of Noralyn Pajimola candidate committee.

On 8/1/13, Commission staff sent Respondents a letter informing them that the Supplemental Report for the period covering 1/1/13 through 6/30/13 was not filed and of the imposition of a fine. Respondents did not electronically file the Supplemental Report.  On 8/22/13, Commission staff called Respondent Pajimola at the phone number listed on her Organizational Report and left a message that the Commission would be filing a complaint for the 9/11/13 Commission meeting for the non-filing of the Supplemental Report if the she did not return staff’s call.  Respondent did not return call. On 9/5/13, Commission staff sent Respondents a copy of the complaint and set the matter on the 9/11/13 Commission agenda.

Staff recommended that the Commission make a preliminary determination pursuant to HRS §11-405(a) that probable cause exists to believe that a violation of campaign finance law had been committed, assess a fine of $500, order that the fine be paid from the candidate’s personal funds, if the candidate committee’s funds are insufficient to pay the fine, order that all administrative fines be deposited in the general fund, pursuant to HRS §11-340(g), and that the report be filed within 20 days of receipt of this order.

Commissioner Shoda moved that the Commission make a preliminary determination that probable cause exists to believe that a violation of campaign finance law had been committed and to accept the fine of $500 and terms as stated in Docket No. 14-04.  Motion seconded by Chair Snipes.  Motion carried unanimously.

CSC Annual Report for FY 2013
Executive Director Izumi-Nitao reported that in consideration of the time period covered by this report, the Commission had two overlapping strategic plans – the 2008-2012 Strategic Plan and the 2013-2018 Strategic Plan which was approved at the Commission’s 5/8/13 public meeting.  The 2013-2018 Strategic Plan retained the same goals as its predecessor.  This report will address action items in the 2013-2018 Strategic Plan because most action items identified in the 2008-2012 Strategic Plan were either incorporated into the new plan or had been achieved.

GOAL – To simplify and clarify campaign finance laws in order to improve implementation and compliance.

Action Item – Propose Legislation.  For the 2013 Legislative Session, the Commission’s bill was HB 201 and its companion SB 555.  Although neither passed, the Senate Judiciary & Labor Committee extracted portions from HB 201 and introduced SB 30 and SB 31 which were enacted.  With regards to the portions not enacted from the Commission’s bill, the Commission will resubmit in a bill for the 2014 Legislative Session (i.e., the requirement that candidate committees file the January 31st Supplemental Report regardless of whether it is after an election year) or seek adoption through the administrative rulemaking process (i.e., definition of “matching payment period” which is relevant to the partial public financing program).

Other bills that passed during the 2013 Legislation Session which the Commission provided written and oral testimony include:

Act 63 (SB 30) – Affects the partial public funding program by amending HRS §11-423(b) to require candidates to file the affidavit to voluntarily abide by statutory expenditure limits no later than the time to file nomination papers.  It also amends the expenditure limit to permit candidates running for the office of the prosecuting attorney to spend $1.40 multiplied by the number of registered voters in the voting district.

Act 111 (SB 31) – Affects noncandidate committees by amending HRS §11-335 to require noncandidate committees to separate the reporting of contributions into “contributions received” and “contributions made”, and to identify the name of the candidate supported or opposed by the committee’s independent expenditures.  It also amends HRS §11-336 to require noncandidate committees to file the Supplemental Report on January 31st regardless of whether it is after an election year.

 Act 112 (HB 1147) – Enhances disclosure requirements pertaining to noncandidate committees and further promotes transparency based on: (1) Adding a new section to require SuperPACs to identify up to 3 top contributors in the SuperPAC’s political advertisement; (2) Requires committees that make independent expenditures to file a new report call the “Late Expenditure Report” if they have independent expenditures that aggregate more than $500 made 14 and 4 calendar days prior to an election; (3) Increases the amount of information that needs to be disclosed for electioneering communications; (4) Requires that information contained in disclosure reports be made available to the public on the Commission’s website in a searchable database (which has been completed); and (5) Repeals HRS §11-335 which enacted the corporate reporting system.  The effective date for Act 112 is 11/5/2014, the day after the 2014 general election.

Act 287 (SB 3) – Amends HRS §13D-4 to require candidates for the Board of Trustees of the Office of Hawaiian Affairs to be nominated at a primary election and elected at the general election in even-numbered years.  The Commission did not provide testimony on SB 3.

Legislation was also proposed by others to enhance the partial public funding program and the Hawaii County Council Comprehensive Public Funding program, but were unsuccessful.

Action Item – Propose Hawaii Administrative Rules.  To be addressed in fiscal year 2014.

Action Item – Issue Advisory Opinions.  During this fiscal year, two Advisory Opinions were issued.

Advisory Opinion 13-01 – Advised ActRight Fund that Hawaii law permitted them to register as a noncandidate committee to receive and distribute contributions earmarked for state and local candidates.  Further advised ActRight Fund that earmarked contributions would not be subject to the $1,000 per election contribution limit applicable to noncandidate committees, but would be subject to the appropriate contribution limits of the earmarked candidate.

Advisory Opinion 13-02 – Advised the General Contractors Association of Hawaii (GCA) that it could form a noncandidate committee so long as GCA members, who are also government contractors (state and local), do not provide funds that are to be used by the GCA noncandidate committee for contributions to candidate or noncandidate committees.

GOAL – To increase public education, awareness and access

Action Item – Direct the public to the Commission’s website and continue to improve web-based information.  Much of the Commission’s operations, business, and finances are posted on the website.  Information of current interest is identified and posted, including statute and rule changes, new legislation, reporting deadlines, enforcement issues, and contribution limits.  There are also links to view reports, filing reports, seeking guidance including e-learning presentations, forms, guidebooks, and qualifying for public funding.  Based on the results of the Commission’s annual online survey, our website continues to be the Commission’s strongest resource in providing campaign finance information.  As such, the website was revamped and relaunched on 5/9/13 to create a more efficient and user friendly navigation tool which included a searchable database of campaign finance data filed by committees.

Action Item – Disseminate to the public information on contributions, expenditures, and other pertinent topics of interest.  The Commission launched a new searchable database which permits the public to more readily search data filed by the committees over the last 6 ½ years.  Other mechanisms used to disseminate information include regular posts of anything new or interesting on our website under “What’s New”, biannual newsletters, e-blasts, Facebook posts, and tweets on Twitter.

Action Item – Plan, organize, participate, and host trainings to inform and educate on campaign finance laws and rules.  For the 2012 election, campaign finance presentations to candidates and committees were planned and delivered in July 2012 on Kauai, Maui, Honolulu, and Hilo.  Informational meetings provided during this period included meeting with general contractors, open government groups, and the Senate Majority Caucus.  Chair/Commissioner Weaver participated as part of a panel of commissioners at the December 2012 COGEL Conference.

Action Item – Explore and implement social and other media applications to inform and educate   on campaign finance laws and rules.  The Commission regularly uses e-blasts, Facebook, and Twitter to inform and educate committees, interested parties, subscribers, and the public campaign finance.  During this period the Commission’s email system was employed 69 times to 780 subscribers and issued 738 tweets.

Action Item – Raise public awareness and increase visibility of the Commission’s work, hold at least one Commission meeting in a neighbor island county each year.  This action item will be addressed in fiscal year 2014, but raising public awareness and increasing visibility of the Commission’s work are always considerations when the Commission communicates with the public.

GOAL – Increase the technological capacity to improve access, reduce paperwork, and increase compliance.

Action Item – Increase the Commission’s analytical capability.  Act 112, SLH 2013, passed which requires that the Commission build and maintain a searchable database to permit people to search any electronically filed report by any committee by any identifying element required in the report.  Although the effective date of Act 112 is 11/5/14, this searchable database went live on 5/9/13.

Action Item – Maintain awareness of newer technology, including electronic filing systems and hardware/software or applications, for consideration of integration and/or implementation.  The Commission works closely with the Office of Information Management and Technology and as a result has benefitted from their expertise and assistance in consolidating and maximizing our hardware/software applications.  The annual COGEL conference is another source from which we learn about other campaign finance systems and technology.

Action Item – Maintain awareness of the implications of technological changes on all aspects of campaign finance including political contributions.  The annual COGEL conference is a venue for the Commission to learn about technological changes or advances employed other campaign finance offices.

GOAL – Upgrade the training for ability of the committees to comply with campaign finance laws.

Action Item – Explore new methods for training and disseminating information.  During this period, no new methods for training and disseminating information were identified or examined.  However, during the next fiscal year, the Commission will be reediting e-learning videos.

Action Item – Offer training to committees to improve compliance with campaign finance laws and rules.  To prepare candidates for the numerous reporting requirements and laws regarding campaign finance, training classes were offered on Kauai, Maui, Hilo, and Honolulu in July 2012.  There were 140 registrants who attended.

Action Item – Publish guidebooks, manuals, and e-learning videos on how to comply with campaign finance laws and rules as well as how to use the electronic filing systems.  Guidebooks, manuals, and e-learning videos are being revised.  Revisions to these mediums will be realized in fiscal year 2014.

GOAL – Encourage compliance.

Action Item – Develop escalating penalties for repeat and gross violations, and disseminate information about the penalties.  The Commission continues to find that there are some candidates and noncandidate committees who do not file timely reports or not at all.  Approaches to encourage compliance include filing complaints and filing First Circuit Court applications seeking judicial enforcement of Commission orders.  During this fiscal year, 29 complaints were filed of which 13 were resolved resulting in fines totaling $5,563.50, 8 remain outstanding, 1 was withdrawn, 3 were dismissed, and 4 had no action taken.

Action Item – Simplify and expedite disposition of campaign finance violations.  During this fiscal year, there were 66 conciliation agreements which the Commission approved resulting in a total of $11,856.09 in administrative fines.

Action Item – Seek enforcement of the campaign finance laws and rules against violators.  Most enforcement action focused on late or unfiled reports, but during this fiscal year other campaign finance violations included:

– 14 advertising violations (i.e., not have the proper disclaimer displayed) resulting in a total of $425 in administrative fines;
– 15 excess contributions to candidate or noncandidate committees resulting in a total of $41,939.95 escheating to the Hawaii Election Campaign Fund and $3,725 in administrative fines;
– Prohibited donations resulting in administrative fines of $333.25;
– Prohibited loans resulting in administrative fines of $2,500;
– Contributions not properly reported resulting in administrative fines of $250;
– Loan documents not being filed resulting in administrative fines of $200;
– Late filing of the Organizational Report resulting in administrative fines of $100; and
– Late filing of notice of fundraisers resulting in administrative fines of $50.

Action Item – Evaluate the effectiveness of training modules and revise them as needed.  Currently, the Commission is in the process of revising all training modules (i.e., guidebooks, manuals, e-learning videos, powerpoint presentations) in preparation for the 2014 election.

Action Item – Evaluate the effectiveness of communication efforts and revise them as needed.  Website and e-blasts have been successful.  The Commission will continue to identify other mechanisms to communicate to communicate with the public.

Action Item – Encourage compliance to call the Commission, visit the Commission’s office, and/or go to the Commission’s website for information to comply with campaign finance laws and rules.  The Commission handles numerous phone calls, walk-ins, and inquiries daily.

GOAL – Increase and stabilize CSC’s institutional capacity to carry out its mission.

Action Item – Develop proposals to stabilize funding.  Primary revenue sources for the Hawaii Election Campaign Fund include the $3 state income tax-off, interest generated from the principal, and any funds that escheat to the Hawaii Election Campaign Fund.  For fiscal year 2013, a total of $257,182.61 was generated in revenue and $745,747.36 in expenditures/encumbrances thereby closing fiscal year 2013 with a balance of $2,936,143.80.

Action Item – Plan for potential staff transitions and ensure position descriptions are current.  All staff position descriptions were revised and approved by DAGS in July 2013.

Action Item – Continue Commissioner development through trainings and conferences as well as issue a Commissioner handbook and provide an orientation to new Commissioners.  There were 2 training sessions for Commissioners – in January 2013 with the Office of Information Practices to familiarize Commissioners with the Sunshine law, and in April 2013, with Senior Hearings Officer David Karlen with the Department of Commerce and Consumer Affairs to train Commissioners on conducting contested case hearings and to familiarize them with the administrative agency appeals process.  Commissioners are also regularly updated on any new or developing issues (e.g., court cases, public financing concerns, tax laws, etc.) and provided information from annual COGEL conferences.  This year’s COGEL conference was held in Columbus, Ohio, in December 2012 and was attended by Mike Weaver and G. William (“Bill”) Snipes.  Mike Weaver sat on a panel of Commissioners in one of the workshops to discuss Commissioner roles and working with staff and executive directors.  As for the Commissioner handbook, it was developed in fiscal year 2008 and is reviewed and updated as needed (the latest update occurred in May 2013).  The handbook is given to new Commissioners along with an orientation.  In this fiscal year, two (2) orientations occurred in November 2012 and June 2013 for three (3) new Commissioners (i.e., Eldon Ching, Gregory Shoda, and Adrienne Yoshihara).

SIGNIFICANT EVENTS IN FY 2013 – Included the approval of the 2013-2018 Strategic Plan and New Mission Statement, revamped website, new searchable database, new Commission members, conclusion of “STOWOP”, revised position descriptions, and 2^nd annual online survey.

FUTURE CONSIDERATIONS FOR FY 2014 – Include monitoring the performance of the Hawaii Election Campaign Fund, revisions and updates to the Hawaii Administrative Rules, 2014 elections, the continued work on the data visualization/graphics of the searchable database.

Chair Snipes moved to approve the Annual Report for FY 2013 as written.  Motion seconded by Commissioner Ching.  Motion carried unanimously.

Report and Discussion of the Hawaii Election Campaign Fund
Associate Director Baldomero presented to the Commissioners a report on the status of the Hawaii Election Campaign Fund.  The report covered a 9 year period and included several charts and graphs showing revenue and expenditures of the Hawaii Election Campaign Fund.

Report on 2013 Annual Online Survey
Associate Director Baldomero reported that the recent online survey which closed on 7/1/13 featured 6 categories with a total of 49 questions.  There were 93 responses with 78 finishing the survey with majority of responses being from treasurers from Oahu.  As with the previous survey, the Commission’s website is a significant source for getting campaign finance information.

Old Business
Docket No. 13-14 – In Re the Matter of Erin McLaughlin and Friends of Erin McLaughlin
General Counsel Kam reported that a complaint was filed for the late filing of the 1^st Preliminary Primary Report, and at the 11/1/12 meeting, the Commission made a preliminary determination of probable cause and assessed a fine $200.

In another matter, Docket No. 13-25, Respondent McLaughlin requested reconsideration of the fine assessed and that the fine not be enforced.  General Counsel Kam asked that Respondent McLaughlin’s request for reconsideration also apply to Docket No. 13-14.  He noted that Respondent McLaughlin has filed the outstanding reports and he submitted a request to terminate his committee’s registration which was approved in July 2013.

Chair Snipes moved that the $200 fine in this docket not be enforced if Respondents terminated their registration with the Commission.  Motion seconded by Commissioner Yoshihara.  Motion carried unanimously.

Presentation and Discussion of Amendments to the Hawaii Administrative Rules Affecting Campaign Spending Commission
General Counsel Kam presented Commissioners a draft of Chapters 160 and 161 Hawaii Administrative Rules for their discussion.

The Commission has three sets of rules: (1) Chapter 160, Contributions and Expenditures; (2) Chapter 161, Contested Case Hearings; and (3) Chapter 162, Act 244, which expires after the 2014 election (plan is to repeal after the 2014 election).  The majority of amendments are in Chapter 160.

Commissioners were given 2 weeks to review the draft and to submit any comments and/or suggestions to General Counsel Kam by 9/25/13.

Update on Executive Director’s Evaluation Form and Staff Position Descriptions as well Discussion of Timeline of Evaluation Process
No further comments or suggestions received regarding the evaluation form.  Proposed form presented at the July meeting will be put into final form.

Executive Director Izumi-Nitao to conduct staff evaluations in October, and in December will meet with Chair Snipes and Vice-Chair Gomes for the executive director’s evaluation.

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

Report on Compliance of Filing Timely Disclosure Reports
To date, only 3 candidate committees have not filed the Supplemental Report.

Chair Snipes moved to convene executive session to consult with attorney.  Motion seconded by Commissioner Yoshihara.  Motion carried unanimously.

Public Session reconvened – 12:00 p.m.

Next Meeting:
Next meeting scheduled for Wednesday, October 9, 2013, at 8:30 a.m.

Commissioner Yoshihara moved to adjourn meeting.  Motion seconded by Chair Snipes. Motion carried unanimously.  Meeting adjourned at 12:05 p.m.