Minutes for September 9, 2009

Posted in Minutes

Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
September 9, 2009
10:00 a.m.

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

Staff Present:
Barbara Wong, Tony Baldomero, Ellen Kojima, Linda Takushi
Deputy Attorney General Robyn Chun

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

Consideration of Minutes:
Commissioner Robb moved to approve the minutes of the August 11, 2009, as amended.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

(Amendment – Commissioner Robb asked that the exchange he had with Mr. Chipchase, regarding when the F.E.C. considered whether to allow the transfer of state campaign funds to a federal campaign, be noted in the minutes.)

Old Business:
Docket 09-01  John Lester v. Don Couch
The assessment of a fine in this matter was deferred from the May 13, 2009 meeting.  An opinion from the Attorney General was previously sought and received by the Commission opining that the Commission did not have discretion when imposing fines pursuant to Hawaii Revised Statutes section 11-228 (a)(1) and for late reports.  Discussion ensued on the issue of whether the assessment of the maximum fine would be fair for this matter and for other agenda items.

Commissioner Gabrio noted that the Commission has an Attorney General opinion that says the commission does not have discretion in assessing fines, which he feels compelled to follow, absent some other advice that says they have leeway.

Commissioner Gabrio moved to defer consideration of Docket 09-01 Lester v. Couch, Docket 08-09 In Re Henry Kahula, Jr., et.al, and Docket 08-08 In Re Tercia Ku, et.al., also requests for waiver of late report fines In Re the Matters of Carpet Linoleum & Soft Tile, Marlene Purdy, Roy Takumi, Hanalei Aipoalani, Michael Moore and Gil Riviere, provided that an attorney general opinion is requested regarding when the Commission conciliates a case, whether the Commission has discretion on the assessment of statutory fines.  Motion seconded by Commissioner Robb.  Motion carried unanimously.

Chair Kuramoto asked what happened to the excess contributions received by Mr. Couch and Executive Director Wong responded that Couch returned them to the contributors. A brief discussion ensued on the calculation of the 20% non-resident cap.

New Business:
Draft Advisory Opinion 09-02 / Rescind Advisory Opinion 98-07
Draft Advisory Opinion 09-02 clarifies that a candidate may receive qualifying contributions from an individual resident up to $100 for the primary matching payment period and up to another $100 of contributions from the same individual for the general matching payment period for the purpose of receiving public funds.

Commissioner Gabrio moved to adopt draft Advisory Opinion 09-02 with deletion of a quote with no citation.  Motion seconded by Chair Kuramoto.  Motion carried unanimously.

Next Meeting:
Scheduled for Wednesday, October 14, 2009 at 10:00 a.m.

Commissioner Robb moved to recess the public session and convene an executive session to consult with attorney.  Motion seconded by Commissioner Weaver.  Motion carried.

Meeting reconvened at 11:44 a.m.

Commissioner Gabrio moved to adjourn meeting.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.  Meeting adjourned at 11:45 a.m.