Minutes for December 18, 2001
Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
December 18, 2001
3:00 p.m.
Members Present:
A. Duane Black, Della Au Belatti, Clifford Muraoka, Mona Chock, Richard Choy
Staff Present:
Robert Watada, Jon Itomura, Ellen Kojima
Gary Kam, Deputy Attorney General
Call to Order:
Meeting convened at 3:03 p.m. with Chairman Black presiding.
Consideration of Minutes:
Ms. Belatti moved to approve the minutes of October 10, 2001, Ms. Chock seconded. Motion carried.
Ms. Belatti moved to approve the minutes of November 21, 2001 as amended, Mr. Muraoka seconded. Motion carried.
(Minutes amended to delete Mr. Choy's name from the vote, as he did not vote on the matter of the Conciliation Agreement #01-08 - In Re the Matter of Alan Ho, et al.)
Old Business:
Docket #01-03 Gillespie vs. Gabbard
Mr. Itomura summarized for commissioners the complaint that was first considered in August 2001. The complaint raised nine issues raised, eight of which were found to be unfounded or of minimal consequence. The one issue that was of some signifance, the joint ad by Alliance for Traditional Marriage ("ATM"), which should have been reported as a nonmonetary contribution, and both Gabbard and ATM have filed amended reports to reflect the nonmonetary contribution.
Staff recommends that the commission find that Gabbard unintentionally omitted reporting of the nonmonetary contribution and has filed an amended report, and that Counts 1-7 and 9 be dismissed for lack of sufficient support to claim that a law or rule has been violated.
Mr. Muraoka moved to dismiss complaint, Ms. Chock seconded. Motion carried.
New Business:
Advisory Opinion 01-05 Amended Contribution Limits as Impacted by Reapportionment or Special Election
Advisory Opinion 01-05 was adopted to interpret a legislative amendment made in 2000. Because of reapportionment the legislative amendment was adopted to insure that senators running for a two-year term would receive the maximum contribution of $4,000, but legislator failed to specify the election for which the contribution could be made. Lacking legislative intent the commission was following the strict language of the statute. The Attorney General has opined that legislators did intend an exception for certain incumbents.
Advisory Opinion 01-05 Amended, allows for the $4,000 to be collected in the two-year election period and also allows that it be applied to everyone running for those specific offices regardless of whether it is a two-year or four-year term.
Mr. Muraoka moved to adopt Advisory Opinion 01-05 Amended, Ms. Chock seconded.
(Vote: Aye-Black, Belatti, Chock and Muraoka No-Choy)
Conciliation Agreement #01-05 A J Construction
A J Construction made an excess contribution of $1,000 to the Harris campaign for the 2000 election period. They acknowledge the excess contribution and have agreed to a $500 fine. But to date we have not received the signed Agreement.
Mr. Muraoka moved to defer until signed Agreement has been received, Ms. Belatti seconded. Motion carried.
Conciliation Agreement #01-09 Belt Collins
Investigation found that Belt Collins made an excess contribution of $500 to the Harris campaign for the 2000 election period and that it was not intentional. They acknowledge the excess contribution and have agreed to a fine of $500.
Mr. Muraoka moved to accept the conciliation agreement with Respondent Belt Collins, Ms. Belatti seconded. Motion carried.
Conciliation Agreement #01-10 City Bank
City Bank made an excess contribution of $150 to the Harris campaign and that it was not intentional. An oversight on the part of the treasurer led to the excess contribution. They have agreed to a fine of $500.
Mr. Muraoka moved to accept the conciliation agreement with Respondent City Bank, Ms. Chock seconded. Motion carried.
Next Meeting:
Scheduled for Tuesday, January 15, 2002 at 3:00 p.m.
Commissioners agreed that with the February meeting they will meet on the first Wednesday of every month at 3:00 p.m.
Mr. Muraoka moved to recess public session and convene executive session to consult with counsel.
Public session reconvened and no further business to discuss Chairman Black adjourned meeting.
