Minutes for August 9, 2006

Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
August 9, 2006
10:00 a.m.

Members Present:
Paul Kuramoto, Steven Olbrich, Gino Gabrio, Dean Robb, Michael Weaver

Staff Present:
Barbara Wong, Grant Tanimoto, Ellen Kojima
Russell Suzuki, Deputy Attorney General

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

Consideration of Minutes:
Mr. Weaver moved to approve the minutes of June 1, 2006 as presented.  Motion seconded by Mr. Robb.  Motion carried.  (Olbrich abstained)

Chair Kuramoto noted that the minutes of June 1, 2006 were approved as presented by the staff and acknowledged the pleadings that were submitted by Darwin Ching and Pam Tamashiro at the July 13, 2006 meeting.

Mr. Robb moved to approve the minutes of July 13, 2006.  Motion seconded by Mr. Weaver.  Motion carried by unanimous vote.

New Business:
Docket 06-03  Calvin Kawamoto v. Robert Y. Watada
Calvin Kawamoto and Robert Watada were not present at the meeting.

Complaint filed alleging that Dr. Watada improperly quoted HRS, section 11-216(g) in the decision and order for Docket 06-02 and violated Conciliation Agreement 04-13’s bar to any further action for period referenced in the Agreement.

HRS section 11-216(g) as quoted by Mr. Kawamoto was amended by the 1995 Legislature.  Accordingly, Dr. Watada used the correct wording for the decision and order for Docket 06-02.

The period of Dr. Watada’s request for records, did overlap the period listed in the conciliation agreement, but the actual period covered by the investigation, conciliation agreement and referral to the attorney general did not overlap the period referenced in the Agreement.

Staff recommended that the complaint be dismissed, as it is without merit.

Mr. Kawamoto did not ask that the matter be deferred or continued.

Mr. Gabrio moved that the complaint be dismissed.  Motion seconded by Mr. Robb.  Motion carried by unanimous vote.

Draft Conciliation Agreement 06-07  Kevin’s Electric Inc.
Kevin’s Election made a $2,500 contribution to its noncandidate committee, which was $1,500 in excess of the contribution limit.  The committee subsequently made a $2,500 contribution to the Republican Party. Kevin’s Electric self-reported to the Commission and the contribution to the party has been returned to the noncandidate committee.

Language regarding not admitting liability (Sec VI #4) has been added to the agreement.  Staff recommends acceptance of the conciliation agreement.

Mr. Robb moved to accept conciliation agreement as amended.  Motion seconded by Mr. Olbrich.  Motion carried by unanimous vote.

Draft Advisory Opinion 06-07
A request was made for an advisory opinion regarding the contribution limits for a sole proprietor making contributions from the sole proprietor’s business account to a political party.  The proposed advisory opinion advises that if the sole proprietor chooses to create a separate personal account, contributions to may be made to political parties.

Commissioners questioned the necessity for the opinion and asked the staff to take another look at the issue.

Mr. Robb moved that the matter be deferred until the next meeting.  Motion seconded by Olbrich.  Motion carried by unanimous vote.

Communication to Commission:
Preliminary Primary report due 9/13/06 from noncandidate committees.  Reports to be scanned on the website.

Next Meeting:
Scheduled for Wednesday, September 13, 2006

Mr. Olbrich moved to adjourn meeting.  Motion seconded by Mr. Robb.  Motion carried by unanimous vote.

Meeting adjourned at 10:30 a.m.