Minutes for August 21, 2001
Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
August 21, 2001
3:30 p.m.
Members Present:
A. Duane Black, Della Au, Clifford Muraoka, Mona Chock, Richard Choy
Staff Present:
Robert Watada, Jon Itomura, Ellen Kojima
Call to Order:
Meeting convened at 3:30 p.m. with Chairman Black presiding.
Consideration of Minutes:
Ms Au moved to approve the minutes of July 18, 2001, Ms Chock seconded. Motion carried.
Old Business:
Draft AO 01-06 Contribution Limits in Event of a Merger of Two Companies
Draft advisory opinion clarifies that when two companies merge they are a separate entity and allowed to make contributions up to the limit, and what was given as two companies before the merger does not count toward the new entities contribution limit.
Ms Chock moved to adopt draft advisory opinion 01-06, Mr. Muraoka seconded. Motion carried.
Docket #01-03 Gillespie vs. Gabbard
Nancy Gillespie filed a complaint against Carol Gabbard alleging the failure to report several in-kind contributions to her campaign. At the last meeting, staff recommended that after review of responses and information provided that the complaint be dismissed and further proceedings be waived based upon the fact that the Gabbard campaign has filed reports correcting the alleged omissions. A motion was made and seconded to dismiss the matter, but the Commission decided to postpone the matter for further review.
Tracey Lagondino, representing Nancy Gillespie the complainant stated that the Commission needs to do more checking into the following issues: Gabbard’s failure to report nonmonetary contributions, the contribution to the Gabbard campaign from Mike Gabbard and ATMV should be considered a single contribution, ad space Gabbard purchased and did not report, and the fact that the same person is the treasurer for both ATMV and Gabbard.
Chairman Black, motion on the table is to dismiss the complaint.
Randall Yoshida, representing Carol Gabbard stated that there are new unfounded allegations being made and should not be considered by the Commission. The Commission should consider only the allegations made in the original complaint and requested that the complaint be dismissed.
After further statements by citizens and concerns expressed by commissioners on the connection between Gabbard’s campaign and ATMV and the need for the Commission to further investigate; commissioners voted on the motion made by Mr. Choy at the last meeting.
Mr. Choy moved for discussion purposes that the complaint be dismissed; Ms Chock seconded.
Vote: Aye: Choy, Black No: Au, Muraoka, Chock
Mr. Muraoka moved that the complaint not be dismissed and referred back to staff for further investigation; Ms Chock seconded.
Vote: Aye: Chock, Muraoka, Au No: Choy, Black
New Business:
Draft AO 01-07 Newspaper Advertisements
Draft advisory opinion addresses whether a candidate would need to report receiving a contribution if an ad featuring a collage of recent headlines is run in a newspaper to promote circulation. The draft advisory opinion responds in the negative as the ad does not advocate or support any candidate for nomination or election.
Ms Au moved to adopt draft advisory opinion 01-07, Mr. Muraoka seconded. Motion carried.
Conciliation Agreement 01-01 In Re the Matter of Jon Yoshimura
Staff has been investagating the expenditure record of Council Chair Jon Yoshimura. After review of the records and meeting with Yoshimura, staff has determined that $3,532 in personal, travel and excess gift expenses are in violation of the law.
Yoshimura has requested that instead of proceeding with an administrative complaint, that he enter into a conciliation agreement with the Commission. Staff recommends that the commission approve the conciliation agreement and impose a fine of $3,532 and that the fine be paid from his personal account and not his campaign fund.
Mr. Muraoka moved to reject the conciliation agreement. No second.
Mr. Choy moved to approve the conciliation agreement; Ms Chock seconded.
Vote: Aye: Black, Au, Choy, Chock No: Muraoka
Communications to Commission:
2001 COGEL Conference
Conference will be in Kentucky and Commissioners Black and Chock and T. Baldomero will be attending.
HERTS 2
Should be receiving the update in the next few weeks and we are encouraging most of the current officeholders to use the program.
Next Meeting:
Scheduled for Tuesday, September 11, 2001 at 3:30 p.m.
No further business to discuss, Chairman Black adjourned the meeting
Meeting adjourned at 4:20 p.m.
