Minutes for May 18, 2006

Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
May 18, 2006
10:00 a.m.

Members Present:
Paul Kuramoto, Steven Olbrich, Gino Gabrio, Dean Robb, Michael Weaver

Staff Present:
Barbara Wong, Tony Baldomero, Grant Tanimoto, Ellen Kojima
Robyn Chun, Deputy Attorney General

Call to Order:
Meeting convened at 10:00 a.m. with Chairperson Kuramoto presiding.

Mr. Robb moved to amend agenda to add executive session to follow item 6 on the agenda, to consult with deputy attorney general, Mr. Olbrich seconded.  Motion carried.

Mr. Olbrich thanked commission members and staff for sympathy card received for his mother.

Consideration of Minutes:
Mr. Gabrio moved to accept the minutes of April 12, 2006, Mr. Weaver seconded.  Motion carried.

New Business:
Draft Conciliation Agreement 06-05  Robert Creedon
Nelson Befitel and Pam Smith, in attendance on behalf of the Linda Lingle campaign committee. 

In March 2005, Robert Creedon made a contribution of $1,500 to the Lingle campaign and then in June 2005 he made another contribution of $6,000, which put him over the limit by $1,500.  When the Lingle campaign became aware of the excess they escheated the $1,500 to the Hawaii election campaign fund.  Mr. Creedon has agreed to a fine of $500 and staff recommends acceptance of the conciliation agreement.

Pam Smith explained procedures taken by the Lingle campaign when a contribution is received by the committee before actual deposit.

Mr. Robb moved to accept Conciliation Agreement 06-05, Mr. Weaver seconded.  Motion carried.

Draft Conciliation Agreement 06-06  Committee on Political Education
The Committee on Political Education (“COPE”) made a contribution of $250 to Senator Rosalyn Baker’s campaign committee, in excess of the contribution limit.  COPE has agreed to a fine of $200 and staff recommends acceptance of the conciliation agreement.

Mr. Gabrio moved to approve the agreement, Mr. Robb seconded.  Motion carried.

Rescission of Advisory Opinion 05-05 / New Advisory Opinion 06-01
George Hetherington, Jared Kawashima and Franklin Hayashida

Request was made that Advisory Opinion 05-05 be rescinded based on preemption of subject matters by the Labor Management Relations Act.  Staff recommends that AO 05-05 be rescinded and AO 06-01 adopted, as contributions should not be attributed to an employer who contributes funds to a sponsoring organization pursuant to a collective bargaining agreement. The sponsoring organization makes contributions to its noncandidate committee.

Mr. Hetherington suggested that footnote 6 be amended, as the matter is not moot, it did not need to be addressed at this time.

Mr. Weaver moved to accept Draft Advisory Opinion 06-01 as amended (footnote 6), Mr. Gabrio seconded.  Motion carried.

Communication to Commission:
Website hits for March 2005 thru March 2006
Should know in June if $2 advertising campaign made a difference in the $2 Hawaii state tax check-off.  The website homepage “hits” increased 41% in the first 3 months of 2006.  Notably, “hits” may have also increased due to Act 203 amendments effective January 1, 2006, with resulting searches for information.

Operational Plan for Pandemic Influenza (Bird Flu) Update
Tony is developing an operational plan as to how work will be carried out should it come.

Candidate and Committee Class Schedule
Candidate and committee classes have been scheduled for July and August.  We are anticipating a good turnout because nomination filing deadline is on July 25, 2006.

Legislative Update
SB 2922 was killed in the House because House members received email from people protesting the return of unlimited corporate contributions to corporate noncandidate committees.

Next Meeting:
Scheduled for Wednesday, June 14, 2006 at 10:00 a.m.

Mr. Weaver moved to convene executive session to consult with counsel, Mr. Robb seconded.  Motion carried.  Executive Director Barbara Wong and General Counsel Grant Tanimoto left the room until the executive session ended.

Public session reconvened –

Chair Kuramoto moved to retain a hearings officer with regard to the Nagamine Okawa declaratory relief action, Mr. Weaver seconded.  Motion carried.

Mr. Weaver moved to adjourn the meeting, Mr. Olbrich seconded.  Motion carried.
Meeting adjourned at 11:24 a.m.