Minutes for December 12, 2000
Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
December 12, 2000
3:30 p.m.
Members Present:
A. Duane Black, Della, Au, Clifford Muraoka, Mona Chock and Richard Choy
Staff Present:
Robert Watada, Jon Itomura and Ellen Kojima
Call to Order:
Meeting convened at 3:31 p.m. with Chairman Black presiding.
Consideration of Minutes:
Mr. Muraoka moved to approve the minutes of October 10, 2000, Ms Chock seconded. Motion carried.
Mr. Muraoka moved to approve the amended minutes of June 13, 2000, Ms Au seconded. Motion carried.
New Business:
Draft Advisory Opinion #00-11 Financial Institutions
Draft advisory opinion addresses the issue of whether a candidate or committee may use a securities brokerage as a depository of campaign funds. The law provides that contributions be deposited into a "depository institution" such as banks, savings and loan associations or similar financial institutions. If a securities brokerage account is similar to or functions like a checking or savings account and the funds are not invested, depositing funds into a securities broker account would not violate the law.
Mr. Choy moved to approve draft advisory opinion #00-11, Ms Au seconded. Motion carried.
Draft Advisory Opinion #00-12 Candidate Endorsements
Draft advisory opinion addresses the issue of endorsements by one candidate for another candidate. Section 11-200, HRS prohibits one candidate from financially supporting another candidate. This includes the transfer of value of such things as supplies and voter lists and polls.
Ms Chock moved to approve draft advisory opinion #00-12, Ms Au seconded for discussion.
Ms Au asked that the draft be redrafted to acknowledge that a candidate may use personal funds to endorse another candidate.
Consideration of draft advisory opinion #00-12 deferred until the next meeting for redrafting.
Draft Advisory Opinion #00-13 Outstanding Checks
Draft advisory opinion addresses the issue of the discrepancy between the reported cash on hand and the actual bank account cash balance. This situation happens when campaign checks are written and are never cashed. To resolve the situation a check should be considered stale dated after a period of time and voided, and considered a contribution to the candidate.
Ms Chock moved to approve draft advisory opinion #00-13, Mr. Muraoka seconded.
Motion carried.
Docket #00-08 The Hannemann Committee vs. Harris 2000 Campaign Committee
The Hannemann Committee filed a complaint on November 1, 2000 against the Harris Committee alleging four issues as follows:
- Lex Brodie as a candidate himself cannot serve on another candidate committee.
- Candidates Marsha Joyner and Representative Ahu-Isa illegally contributed to the Harris campaign.
- Harris committee distributed an endorsement letter signed by Councilmember Mansho.
- Councilmembers Yoshimura and DeSoto transferred value to the Harris committee by participating in a TV advertisement.
Staff recommended that Issue 1 be dismissed as Mr. Brodie resigned his position with the committee; Issue 2 be dismissed as they both used their own funds; Issue 3 be dismissed as the Harris committee claims to have paid; and Issue 4 be dismissed as the Harris committee claims to have paid all expenses.
Mr. Kenneth Wong, representing the Hannemann committee stated that with regard to the Mansho letter the Harris committee should be fined at the least $25 for the missing disclaimer and he further questioned as to who paid for the gathering that benefited the Harris committee.
Mr. Chris Parsons, representing the Harris 2000 committee responded that the Harris committee paid all expenses for the lunch at Dot’s and for the printing mailing of the Mansho letter. The Harris committee also paid all expenses related to the TV ad by Yoshimura and DeSoto, the contributions from Ms Joyner and Representative Isa was their own personal funds.
There was some discussion on the interpretation of section 11-204(i) regarding whether a candidate can serve as an officer of another candidate’s committee.
Mr. Muraoka moved that Docket #00-08 be dismissed, Ms Au seconded. Motion carried.
Docket #00-09 In Re the Matter of Rene Mansho and Friends of Rene Mansho Haunani Acohido filed a complaint against Rene Mansho and Friends of Rene Mansho alleging improper use of campaign funds. The complaint she filed was general in nature, and it was determined at the Commission meeting on 10/10/00 that there was probable cause that violations were committed. After further review of reports and interviews, staff amended the complaint. The amended complaint lists specific questionable expenses. Staff recommended that the Acohido complaint should be dismissed because the amended complaint goes further and it includes items from the Acohido complaint.
Ms Au moved to dismiss Docket #00-03, Haunani Acohido v. Rene Mansho, complaint; Ms Chock seconded. Motion carried.
Mr. Itomura stated that after the October meeting he has been in discussions with Mansho’s attorney regarding various questionable expenditures, and that the staff became concerned when they received information that Michelle Kidani, a key witness, was approached to retract any claims made against Ms Mansho with the Commission. With this information it was believed that there may be knowing or intentional violations with the expenditures. Staff recommended, as provided in section 11-216, that the matter be referred to the Attorney General for criminal investigation.
Mr. Charlie Price, representing Rene Mansho and Friends of Rene Mansho, stated that the staff does not and has not requested all the facts. Further stated that the facts will show that campaign funds were not used for personal expenses and that all expenses were allowable. He requested that the matter be referred back to the Commission staff for further investigation. He also explained some of the expenses that had been questioned.
Mr. Choy moved that the matter be further investigated and placed on the February 13, 2001 meeting agenda for consideration; Ms Chock seconded. Motion carried.
(Chock, Choy and Au)
Next Meeting:
Scheduled for December 22, 2000 at 10:00 a.m.
No further business to discuss, Chair adjourned meeting.
Meeting adjourned at 4:50 p.m.
