Minutes for August 14, 2002
Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
August 14, 2002
3:00 p.m.
Members Present:
A. Duane Black, Della Au Belatti, Mona Chock, Richard Choy
Staff Present:
Robert Watada, Jon Itomura, Ellen Kojima
Gary Kam, Deputy Attorney General
Call to Order:
Meeting convened at 3:05 p.m. with Chairman Black presiding.
Consideration of Minutes:
Ms. Belatti moved to accept the minutes of July 3, 2002, Ms. Chock seconded. Motion carried.
New Business:
Draft Advisory Opinion #02-06 Qualifying Campaign Contributions
Public fund program requires candidates to receive a minimum amount in qualifying campaign contributions in each election for a match in public in funds. Law allows candidates to receive qualifying contributions from January 1 of the election year through the day of the primary and January 1 of the election year through the day of the general. Draft advisory addresses the question of when a contributor wants to give a qualifying contribution for both elections during the overlap period. The draft advisory will allow a candidate who receives a $200 contribution to attribute $100 each between the primary and general elections and to report the qualifying contribution for the appropriate election.
Ms. Belatti asked that the advisory opinion only address the question of qualifying contributions during the overlap period and that references to joint accounts be deleted.
Ms. Chock moved to approve draft advisory opinion #02-06 as amended, Ms. Belatti seconded. Motion carried.
Conciliation Agreement 02-16 Marc M Siah & Associates and Marc M. Siah
The investigation of Marc Siah & Associates found that the company and Mr. Siah made excess contributions of $2,750 to Harris. Mr. Siah has agreed to pay an assessment of $1,000.
Ms. Chock moved to approve Conciliation Agreement 02-16, Ms. Belatti seconded. Motion carried.
Conciliation Agreement 02-17 Diversified Energy Services and Andrew Chang
The investigation of Diversified Energy Services found that the company made excess contributions of $250 to Harris. There was no evidence that family members or employees made contributions on behalf of the company. Mr. Chang has agreed to pay an assessment of $500.
Ms. Belatti moved to approve Conciliation Agreement 02-17, Ms. Chock seconded. Motion carried.
Conciliation Agreement 02-18 Masa Fujioka & Associates and Masanobu Fujioka
The investigation of Fujioka & Associates found that the company made excess contributions of $2,500 to Harris. Mr. Fujioka has agreed to pay an assessment of $1,000.
Ms. Belatti moved to approve Conciliation Agreement 02-18, Ms. Chock seconded. Motion carried.
Conciliation Agreement 02-19 Phillips, Brandt, Reddick & Associates Hawaii, Inc., et al.
The investigation of PBR Hawaii found that the company made excess contributions of $9,750 to Cayetano and $8,950 to Harris. PBR has agreed to a fine of $3,500.
Ms. Belatti questioned as to whether there seems to be a pattern with regard to false name contributions. Mr. Watada responded that he did not find any evidence of a pattern.
Ms. Chock moved to accept the conciliation agreement with PBR Hawaii, Ms. Belatti seconded. Motion carried - Black, Belatti and Chock (Choy, recused)
Docket #02-05 Stephen Shaw v. Robert Hiam and Senator Ron Menor
Stephen Shaw filed a complaint alleging that Mr. Hiam and HMSA failed to file the state contractor's report as a contractor that provides health insurance coverage. He also alleged that Ms. Rosehill represented a contribution to Senator Menor because she was a lobbyist for HMSA and that the HMSA PAC also made contributions to Senator Menor. Staff is recommending that Count 1 be dismissed on grounds that it lacks merit and that Counts 2 and 3 be dismissed as the complaint fails to provide sufficient statements to support a claim that a law or rule has been violated.
Chairman Black allows complainant Mr. Shaw and Ms. Ellen Carson, representing Mr. Robert Hiam to make their presentation.
Complainant Stephen Shaw represented that HMSA provides a service to the state and should have filed the contractor report as provided for in section 11-205.5, HRS, and that on the part of Ms. Rosehill, because she was a lobbyist for HMSA her time as a campaign worker for Senator Menor should be an in-kind contribution from HMSA to the Menor campaign.
Ms. Ellen Carson representing Mr. Robert Hiam represented that HMSA and the HMSA PAC are two separate entities and that there was no inter-mingling of funds.
Ms. Belatti moved to dismiss the complaint, Mr. Choy seconded. Motion carried - Black, Belatti, Choy (Chock recused).
Docket #02-06 Joseph Haworth v. Rida Cabanilla and KNDI Radio
Joseph Haworth filed a complaint alleging that Rida Cabanilla received a contribution from KNDI Radio because as employee of the station she used her employment at the station to promote her campaign.
Ms. Cabanilla responded that she started with the station in August 2001and refutes claims that she mentioned her candidacy on the program. Because of FCC rules she had an understanding with the station that when she was accepted as a candidate she would resign, which she did on June 30, 2002.
Staff found no evidence of a contribution on the part of KNDI Radio.
Ms. Belatti moved to dismiss the complaint, Ms. Chock seconded. Motion carried.
Communications to Commission:
- 1st Preliminary Primary report - 35 filed directly onto the internet.
- Working on developing a program for noncandidate committees.
- COGEL Conference - Ottawa, Canada 9/27-10/3/2002
Next Meeting:
Scheduled for Wednesday, September 4, 2002 at 3:00 p.m.
Executive session convened to discuss personnel matters.
Public session reconvened-
No further business to discuss, Chairman Black adjourned meeting.
Meeting adjourned at 4:10 p.m.
