Minutes for April 11, 2007
Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
April 11, 2007
10:00 a.m.
Members Present:
Paul Kuramoto, Steven Olbrich, Gino Gabrio, Dean Robb
Excused – Michael Weaver
Staff Present:
Barbara Wong, Tony Baldomero, Grant Tanimoto, Ellen Kojima
Adjournment of March 1, 2007 Meeting:
Meeting of March 1, 2007 reconvened, no further business, Mr. Olbrich moved to adjourn meeting of March 1, 2007. Motion seconded by Mr. Gabrio. Motion carried.
Call to Order:
Meeting convened at 10:05 a.m. with Chairperson Kuramoto presiding.
Consideration of Minutes:
Mr. Gabrio moved to accept the minutes of March 1, 2007 as amended (add-Linda Takushi, Staff member also present at meeting). Motion seconded by Mr. Olbrich. Motion carried.
Taken out of order – Communication to Commission / Review Draft of Strategic Plan
Communication to Commission:
Review of Draft of Strategic Plan
Ms. Norma Wong presented for Commissioners review, the final draft of the Commission’s 5-year strategic plan. Once the plan has been finalized and approved by the Commission, staff will work with Ms. Wong on the timeline for the action steps.
Commissioners asked that the plan include: staff’s coordination efforts with procurement regarding contractors, source for additional funding and contingency plan for public funding scenarios.
Mr. Olbrich moved to approve the strategic plan as amended. Motion seconded by Mr. Robb. Motion carried.
New Business:
Docket 06-08 Patricia Tummons vs. Hawaii’s Concerned Fishermen and their ohana
Executive Director Wong noted for the record that she was introduced to Kimo Mills by a third party, 20 years ago, but has not interacted with him since. Kimo Mills was representing Hawaii’s Concerned Fishermen.
Ms. Patricia Tummons filed a complaint regarding an ad that Hawaii’s Concerned Fishermen placed in the Advertiser and the Star-Bulletin. Ms. Tummons is alleging that Hawaii’s Concerned Fisherman failed to register and report as a noncandidate committee. Also, that the Star-Bulletin ad did not have an address.
Issue that needs to be resolved is whether the ad is an “advertisement” as defined in Hawaii Revised Statutes (“HRS”) section 11-191. Staff recommends that the complaint be dismissed if the ad is not an “advertisement” or if it is determined that the ad is an “advertisement”, staff requests that the matter be further investigated.
Ms Tummons presented written testimony and reiterated that the timing of the ad and content made it a political ad and that Hawaii’s Concerned Fishermen should be required to register and file the required reports.
Mr. Kimo Mills, representing Hawaii’s Concerned Fishermen, stated that the ad was placed because of comments by DLNR that fishermen don’t vote and because of their dissatisfaction with DLNR’s lack of action on their concerns. Mr. Mills said the ad was not meant to be an ad for or against any particular candidate.
Ms. Keiko Bonk, commented that the ad should be considered an “advertisement” as defined in HRS section 11-191 because of its content and that it ran two days before the election.
After some discussion Commission members concluded that the timing of the ad two days before the election, the statement “[t}he current administration does not support fishing in Hawaii” and the call to action to vote on November 7th, among other things, caused the ad to fall within the definition of “advertisement” as defined in HRS section 11-191.
Mr. Robb moved that the ad is an “advertisement: as defined in HRS section 11-191 and that the matter be further investigated. Motion seconded by Mr. Gabrio. Motion carried.
Conciliation Agreement 07-08 Unlimited Construction Services, Inc.
Unlimited Construction Services made an excess contribution of $300 to the Friends of Bryan Baptiste campaign committee in violation of HRS section 11-204(a). Staff recommends a fine of $200 and because the excess was not returned within 30 days it will escheat from the Baptiste committee.
Mr. Gabrio moved to accept Conciliation Agreement 07-08. Motion seconded by Mr. Olbrich. Motion carried.
Conciliation Agreement 07-09 Guy Miyashiro and Co., Inc.
Guy Miyashiro and Co. made an excess contribution of $1,000 to The Hannemann Committee in violation of HRS, section 11-204(a). Staff recommends a fine of $350 and because the excess was not returned within 30 days the $1,000 will escheat from the Hannemann committee.
Mr. Gabrio moved to accept Conciliation Agreement 07-09. Motion seconded by Mr. Olbrich. Motion carried.
Conciliation Agreement 07-10 United Public Workers, AFSCME, Local 646, AFL-CIO Noncandidate Committee
The United Public Workers noncandidate committee made an excess contribution of $637.52 to the Hannemann committee in violation of HRS, section 11-204(a). The excess contribution was returned within 30 days to UPW. Staff recommends a fine of $350.
Mr. Gabrio moved to accept Conciliation Agreement 07-10. Motion seconded by Mr. Robb. Motion carried.
Conciliation Agreement 07-11 James Grosfeld and Nancy Grosfeld
James and Nancy Grosfeld each made an excess contribution of $4,000 to the Hannemann committee in violation of HRS section 11-204(a). The excess contributions were returned within 30 days to the contributors. Staff recommends a fine of $750 for each person.
Mr. Gabrio moved to accept Conciliation Agreement 07-11. Motion seconded by Mr. Robb. (Vote-Ayes Gabrio, Robb, Kuramoto Abstain-Olbrich)
Conciliation Agreement 07-12 Planning Solutions, Inc.
Planning Solutions, Inc. made an excess contribution of $1,000 to The Hannemann committee in violation of HRS, section 11-204(a). The excess contribution was returned within 30 days to the contributor. Staff recommends a fine of $350.
Mr. Robb moved to accept conciliation agreement 07-12. Motion seconded by Mr. Olbrich. Motion carried.
Draft Advisory Opinion 07-02 / Rescind AO 99-02
Draft advisory opinion clarifies whether HRS section 11-214(b) or section (c)(1) applies to term-limited or retiring elected officials and it also updates the law in AO 99-02. Clarification is based upon an Attorney General’s opinion that section 11-200 applies only to the disposition of campaign funds raised prior to an election and sections 11-214 and 11-206 apply to the disposition of surplus funds after an election. The draft opinion clarifies that elected officials have four years to return monies.
The draft opinion also seeks to rescind AO 99-02 because the law quoted in the opinion has been repealed and replaced by Act 203 of the 2005 legislature.
Mr. Gabrio moved to adopt draft Advisory Opinion 07-02 and rescind Advisory Opinion 99-02. Motion seconded by Mr. Robb. Motion carried.
Draft Modification of Advisory Opinion 03-01
Draft advisory opinion has been modified to clarify that HRS section 11-200 allows for contributions to a political party, but HRS section 11-206 and 11-214 do not. Draft opinion clarifies that HRS section 11-200 applies to the use of campaign funds raised between the candidate’s filing of an Organizational report and the applicable election and that sections 11-206 and 11-214 apply to the disposition of campaign funds (surplus funds) after an election.
Matter deferred until the next meeting.
Draft Advisory Opinion 07-03
Draft advisory opinion clarifies that a candidate may contribute personal funds to a non-profit organization between the filing of nomination papers and the general election, and that if the contribution is to further the candidate’s nomination or election, the candidate needs to report it.
The draft opinion further clarifies that a candidate may use campaign funds to pay a reasonable pro-rata portion of administrative expenses for a meet-the-candidate event held by a non-profit.
Mr. Gabrio moved to approve draft Advisory Opinion 07-03. Motion seconded by Mr. Robb. Motion carried.
Communication to Commission:
Legislation
SB 1068 and HB 1130 to be discussed in conference committees. Difference between the two bills is the public financing programs.
Three-Year Review of Disclosure Reports
Review has been completed and over 200 correction letters have been sent. Associate Director Tony Baldomero to follow-up on completion of responses.
Mr. Olbrich moved to convene executive session to consult with counsel. Motion second by Mr. Robb. Motion carried.
Public session reconvened –
Next Meeting:
Scheduled for Wednesday, May 9, 2007 at 10:00 a.m.
Mr. Robb moved to adjourn meeting. Motion seconded by Mr. Olbrich. Motion carried.
Meeting adjourned at 12:25 p.m.
