Minutes for February 13, 2003
Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
February 13, 2003
3:00 p.m.
Minutes amended June 14, 2006
Members Present:
A. Duane Black, Della Au Belatti, Clifford Muraoka, Mona Chock, Richard Choy
Staff Present:
Robert Watada, Tony Baldomero, Jon Itomura, Ellen Kojima
Gary Kam, Deputy Attorney General
Call to Order:
Meeting convened at 3:02 p.m. with Chairman Black presiding.
Consideration of Minutes:
Ms. Belatti moved to accept minutes of November 1, 2002, Mr. Muraoka seconded. Motion carried.
Ms. Belatti moved to accept minutes of December 2, 2002, Ms. Chock seconded. Motion carried.
Mr. Muraoka moved to accept minutes of December 23, 2002, Ms. Belatti seconded. Motion carried.
Ms. Belatti moved to accept minutes of January 16, 2003, Mr. Muraoka seconded. Motion carried.
Old Business:
Docket 02-14 Patrick Gallagher vs. H.E.R.E., Local 5
Complaint alleged that H.E.R.E.; Local 5 made various expenditures and coordinated campaign activities with the Hirono campaign in excess of the contribution limit.
In a written response submitted by Tony Gill, counsel for H.E.R.E, Local 5 and at the Commission's meeting on 1/16/03 he represented that there was no coordination of campaign activity, but that there was campaign-related expenses. Staff has worked with the PAC regarding the reporting of the campaign expenses.
The PAC has filed all required reports to date and paid the late filing penalty for all delinquent reports. Staff recommends that the complaint be dismissed.
Ms. Belatti moved to dismiss the complaint, Mr. Muraoka seconded. Motion carried.
New Business:
Docket 02-07 Democratic Party of Hawaii vs. Linda Lingle
Complaint alleges that as Mayor of Maui Linda Lingle violated the campaign spending law by failing to report an in-kind contribution for services of Maui county staff and expenditures related to the preparation and distribution of an advertisement.
Since the filing of the complaint, Respondent Lingle has offered a conciliation agreement that provides that notwithstanding the allegations of the complaint the Respondent agrees to an administrative fine of $200.
Shelton Jim On, counsel for Respondent Lingle recommends that the agreement be accepted by the Commission. Staff also recommends that the agreement be accepted to avoid the cost of an investigation and taking the matter to a contested case hearing.
Mr. Muraoka moved to accept the conciliation agreement, Ms. Chock seconded. Motion carried.
Docket 03-01 George Fox vs. Committee to Elect "Cal" Kawamoto
Complainant George Fox filed a complaint alleging that Senator Cal Kawamoto exceeded the charitable contribution limit for the period of 1/1/2001 through 12/31/2002.
Section 11-200 and 11-206, HRS caps charitable contribution that a candidate makes to that of the contribution limit that applies to the candidate's office or office being sought.
Senator Kawamoto submitted a response that pursuant to sections 11-200(a)(1)(A) and (B), HRS there is not limit on his charitable expenditures. Both Senator Kawamoto and Roy Kawamoto, his counsel present at the meeting reiterated that charitable contributions were allowable and that the complaint was frivolous and because of it the Senator has been receiving negative publicity.
Staff has not had the opportunity to review the complaint and recommends that the matter be further investigated.
Ms. Belatti moved that the matter be further investigated, Ms. Chock seconded. Motion carried.
Docket 03-02 George Peabody v. KITV, KGMB, KHON, KHNL, FOX and Candidates Hirono and Lingle
Complainant George Peabody filed a complaint alleging that the major TV stations and candidates Mazie Hirono and Linda Lingle failed to report in-kind contributions. Mr. Peabody filed
the complaint because he felt that he and other candidates were excluded from participating in publicly aired events that featured only the major candidates.
Staff recommends that the responses be considered before deciding on whether to make a preliminary determination, dismissal or further investigate.
Ms. Belatii moved that the responses be considered before a decision is made, Ms. Chock seconded. Motion carried.
Draft Advisory Opinion 03-01 Candidate Contributions to Political Parties
Draft advisory opinion clarifies that a candidate is able to contribute up to $25,000 to a political party that meets the requirements of the state statute.
Ms. Chock moved to approve draft Advisory Opinion 03-01, Mr. Choy seconded. Motion carried.
Conciliation Agreement 02-24 MGD Technologies, Inc.
Investigation found that the corporation made a contribution to Harris for an excess of $2,000. Fine includes an additional $100 for failure to file required reports.
Ms. Belatti moved to approve Conciliation Agreement 02-24, Mr. Muraoka seconded. Motion carried.
Conciliation Agreement 02-29 ECS, Inc.
Investigation found that the principals of the firm were funneling monies to relatives and asked them to make contributions to Harris, Cayetano and Apana. The firm was cooperative in providing the investigator with requested documents.
Mr. Muraoka moved to approve Conciliation Agreement 02-29, Ms. Belatti seconded. Motion carried.
Conciliation Agreement 03-01 Oda/McCarty Architects, Limited
Investigation found that the company made false name contributions to Cayetano and Hirono. They were cooperative in providing investigator with requested documents.
Ms. Belatti moved to approve Conciliation Agreement 03-01, Mr. Muraoka seconded. Motion carried.
Communication to Commission:
Legislation
Campaign reform measures are slowly moving through the legislature.
Next Meeting:
Scheduled for Thursday, March 20, 2003 at 3:00 p.m.
No further business to discuss Chairman Black adjourned meeting.
Meeting adjourned at 3:40 p.m.
