Minutes for June 1, 2006
Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 405
June 1, 2006
10:00 a.m.
Members Present:
Paul Kuramoto, Gino Gabrio, Dean Robb, Michael Weaver
Staff Present:
Barbara Wong, Tony Baldomero, Grant Tanimoto, Ellen Kojima Russell Suzuki, Deputy Attorney General
Call to Order:
Meeting convened at 10:00 a.m. by Chairperson Kuramoto.
Pam Tamashiro and Darwin Ching were present, representing parties in the matters of Nagamine Okawa.
Ms. Tamashiro inquired as to what matters would be addressed in executive session regarding Dockets 06-01 and 06-02, procedural matters or the merits of the petitions?
Ms. Wong and Mr. Suzuki explained that the members would be consulting with the Commission’s attorney on procedural matters relating to the Commission’s powers relating to the petitions for declaratory relief and/or advisory opinion.
Mr. Robb moved for the Commission to go into executive session to consult with the Commission’s attorney on legal matters relating to the Commission’s powers in Dockets 06-01 and 06-02.
The motion was seconded by Mr. Weaver.
The motion carried by unanimous vote.
The Commission convened in executive session and received legal advice from the Commission’s counsel.
The Commission came out of executive session at 10:35 a.m. and the chair announced that the Commission was reconvening in public session after consulting with the Commission’s counsel about the Commission’s powers relating to Dockets 06-01 and 06-02.
The Commission moved on to its agenda item relating to Dockets 06-01 and 06-02 (Petitions for declaratory relief or in the alternative for advisory opinion).
Dockets 06-01 and 06-02 Requests for Advisory Opinion.
The chair called for a motion regarding item 3 on the agenda.
Mr. Robb moved to deny petitioners’ request for an advisory opinion and to proceed with hearings on petitioners’ petitions for declaratory relief.
Mr. Gabrio seconded the motion.
The motion carried unanimously.
Mr. Ching rose to question how the members could act on the motion to deny the request for an advisory opinion, which was requested in the alternative, without any discussions on the motion. Mr. Ching suggested that the Commission violated the Sunshine law by deliberating in the executive session.
Mr. Suzuki defended the Commission’s action by stating that the Commission did not deliberate in executive session but would be within its right to do so if it did because the Sunshine law [HRS § 92-5(a)(5) and (b)] allows for deliberations in executive sessions on matters directly related to the purposes for an executive session.
Mr. Suzuki informed Mr. Ching that he had defended the Board of Education, to which Mr. Ching is a member, on this particular issue in a case called Greenwell v. Board of Education.
Mr. Suzuki further informed Mr. Ching that because the Campaign Spending law [HRS § 11-193(a)(16)] requires the Commission to act on a request for an advisory opinion within 90 days or the assertions are deemed to be determined against the Commission, that the Commission was advised that it must act to deny the requests for advisory opinions and proceed with the petitions for declaratory relief by setting it for hearing.
Chair Kuramoto and Mr. Robb pointed out to Mr. Ching that only the requests for an advisory opinions were being denied and that the Commission was proceeding with the hearing of the petitions for declaratory relief.
Chair Kuramoto read a draft letter stating the Commission’s decision to deny the requests for advisory opinions and to proceed with hearing the declaratory relief petitions.
Chair Kuramoto asked Mr. Ching and Ms. Tamashiro if there were any other comments. They indicated that they had none.
Mr. Ching asked for a transcript of the meeting and was informed that there would be no transcript but that minutes would be available.
Dockets 06-01 and 06-02 (Hiring of Hearings Officer)
Mr. Weaver moved that the Attorney General’s office negotiate a contract for a hearing officer based on the Commission’s ranked listing of potential hearing officer candidates.
Mr. Gabrio seconded the motion.
The motion carried unanimously.
Mr. Weaver moved to adjourn the meeting.
Mr. Gabrio seconded the motion.
The motion carried unanimously and the meeting was adjourned at 10:55 a.m.
