Minutes for August 4, 2004
Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 203
August 4, 2004
10:00 a.m.
Members Present:
A. Duane Black, Steven Olbrich, Gino Gabrio, Paul Kuramoto, Dean Robb
Staff Present:
Robert Watada, Tony Baldomero, Grant Tanimoto, Ellen Kojima
Gary Kam, Deputy Attorney General
Call to Order:
Meeting convened at 10:00 a.m. with Chairman Black presiding.
Consideration of Minutes:
Deferred until next meeting.
New Business:
Conciliation Agreement 04-13 Cal Kawamoto and Committee to Elect Cal Kawamoto
Senator Cal Kawamoto and his attorney Bert Kobayashi also in attendance.
In 2003 a complaint was filed against the committee of Cal Kawamoto and pursuant to HRS 11-216 it was referred to staff for further investigation. Staff found a number of unreported contributions, personal expenditures, and donations to organizations that are not allowable and vehicle expenses for which the Committee is not the registered owner. Based upon findings Senator Kawamoto has voluntarily reimbursed his committee $30,000 from personal funds for the personal and vehicle expenses. Staff recommends and Senator Kawamoto has agreed to pay a personal fine of $14,800 and his Committee a fine of $6,450. The proposed agreement further provides that the Committee is allowed to reimburse the Senator $9,250 for campaign mileage and that a certified public accountant is to review all future reports.
Mr. Bert Kobayashi stated on behalf of Senator Kawamoto that the Senator offers his apology and that he and his campaign have learned from this. He also noted that after the campaign had reviewed the campaign records they came forward with some of the unreported contributions, and that the campaign has hired a CPA to review future reports and to maintain the campaign books.
Mr. Gabrio moved to approve Conciliation Agreement 04-13, Mr. Kuramoto seconded. Motion carried. (Mr. Robb recused because of a potential conflict.)
Docket 04-02 Melodie Williams Aduja and Friends of Melodie Aduja
Senator Melodie Aduja and her attorney Mr. William Harrison also in attendance.
An investigation was begun after newspaper accounts pointed out that Senator Aduja reported several cash transactions with little detail. Staff found that the committee did not report the name of the campaign treasurer, incomplete reports, personal and unauthorized expenditures and an undisclosed campaign loan. After discussions with the Senator and several extensions of time to provide requested records with no response to requests, staff proceeded with a complaint. Since notification of the complaint there has been more communication between the Senator's campaign and the staff, and staff recommends that the matter be further investigated.
Mr. William Harrison stated that he is working with the staff to resolve this matter and that it should be resolved within a week and he also seconded the staff's recommendation for further investigation. Mr. Harrison also indicated that the campaign's delay in responding to the staff's requests was also due in part to the campaign's difficulty in getting information from the Senator's former husband who was involved with the campaign.
Mr. Robb, expressed concern as to how long its taken for information to be received and would like that a deadline be established as to when the matter should be resolved.
Mr. Olbrich moved that the matter be further investigated with settlement reached within the week, Mr. Robb seconded. Motion carried.
Communication to Commission:
2004 COGEL Conference
Conference is a meeting of state and international ethics and campaign financing agencies. This year the conference will held in early December in San Francisco.
Commissioners interested in attending let staff know.
Next Meeting:
Scheduled for Wednesday, September 8, 2004 at 10:00 a.m.
Mr. Gabrio expressed concern that matters are being reported in the media before they (commissioners) are informed about it. Discussion on how procedures could be changed regarding meeting material that is to come before the commissioners. Russell Suzuki, Deputy Attorney General, noted that any questions regarding the release of meeting material should be referred to the Office of Information Practices (OIP), and staff agreed to investigate alternative approaches with OIP.
Chairman Black moved to convene executive session to discuss personnel matter. Motion carried.
Public session reconvened, no further business to discuss Mr. Kuramoto moved to adjourn meeting, Mr. Gabrio seconded. Motion carried.
Meeting adjourned at 11:00 a.m.
