Minutes for July 18, 2001
Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
July 18, 2001
3:30 p.m.
Members Present:
A. Duane Black, Della Au, Richard Choy, Mona Chock
Staff Present:
Robert Watada, Jon Itomura, Ellen Kojima
Call to Order:
Meeting convened at 3:30 p.m. with Chairman Black presiding.
Consideration of Minutes:
Ms. Au moved to adopt the minutes of June 5, 2001, Ms. Chock seconded. Motion carried.
New Business:
Docket #01-03 Nancy Gillespie vs. Carol Gabbard
Nancy Gillespie filed a complaint against Carol Gabbard alleging that Ms. Gabbard failed to report several in-kind contributions to her campaign. Mr. Itomura presented a brief summary of the allegations of the complaint. Issues alleged are:
Failure to report use of two post office boxes;
Failure to report use of a fax number;
Failure to report electioneering communications via fax;
Failure to report use of an email account;
Failure to report use and loan of a fax machine;
Failure to report contribution for newspaper advertisement;
Alleged that Alliance for Traditional Marriage Values (ATMV) exceeded the contribution limit by $3,000; and
Failure to provide specific detail on the disclosure report.
Under the campaign spending law, where an ad is coordinated with a candidate or candidates the cost of the ad must be attributed to each candidate or candidates as a nonmonetary contribution. Ms. Gabbard has amended here reports to reflect the contribution from ATMV and ATMV is notifying the other candidates featured in the ad of the need to amend their reports to reflect the pro rata expenditures for the ad.
After review of Ms. Gabbard’s response and evidence provided staff recommends that the Commission find that Ms Gabbard inadvertently omitted reporting in-kind contributions and that the matter should be dismissed and further proceedings waived based upon the fact that Ms. Gabbard has filed reports correcting the alleged omissions.
Mr. Choy moved for discussion purposes that the complaint be dismissed; Ms. Chock seconded.
Mitch Kahle, a private citizen stated that the Commission should also review the lease of the ATMV office because it appeared like the Gabbard campaign was also using the office space as her campaign office, and if she was she should have been reporting use of that space as a campaign expense.
Complainant Nancy Gillespie reiterated that because the ad was in coordination with ATMV, they exceeded the contribution limit and Ms Gabbard violated the statute by not reporting the contribution and not turning the excess over to the Commission.
Ms. Au moved to postpone consideration of this matter until the August meeting for further review of the complaint and responses, Ms. Chock seconded. Motion carried.
Draft Advisory Opinion 01-06 Contribution Limits in Event of a Merger of Two Companies
Draft advisory opinion clarifies that when two companies merge they are a separate entity and allowed to make contributions under the law. As separate entities the companies may have given contributions to candidates, but when they merger they become a distinct entity which is allowed to make contributions up to the limit allowed.
Ms. Au moved to postpone consideration until the August meeting for further review, Ms. Chock seconded. Motion carried.
Next Meeting:
Scheduled for Tuesday, August 21, 2001 at 3:30 p.m.
Ms. Chock moved to recess public session to convene executive session to consult with counsel; Ms. Au seconded. Motion carried.
Public session reconvened:
Ms. Chock moved to adjourn meeting; Ms. Au seconded.
Meeting adjourned at 4:38 p.m.
