Minutes for November 1, 2002

Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
November 1, 2002
3:00 p.m.

Members Present:
A. Duane Black, Della Au Belatti, Clifford Muraoka, Mona Chock, Richard Choy

Staff Present:
Robert Watada, Ellen Kojima
Gary Kam, Deputy Attorney General

Call to Order:
Meeting convened at 3:02 p.m. with Chairman Black presiding.

Consideration of Minutes:
Deferred until next meeting

New Business:
Conciliation Agreement #02-28 Kim & Shiroma Engineers, Inc.
Investigation found that excess and false name contributions were made to the Harris and Cayetano campaigns. The company was very cooperative with the investigator and turned over all requested documents, and they have agreed to a fine for excess contributions, false name contributions and failure to file required reports.

Ms. Belatti questioned as to whether this case should be prosecuted, as the violations seems to have been done knowingly. Mr. Watada responded that to prosecute would need clear evidence that it was done knowingly.

Ms. Chock moved to approve Conciliation Agreement 02-28, Mr. Muraoka seconded. Motion carried.

Docket 02-08 Norma Jean Nicholls vs. Casey Choi
Complaint alleges that the respondent Casey Choi a candidate in the 2002 election did not file the organizational report or any of the required disclosure reports. Mr. Choi has since filed the reports but staff has concerns regarding his food expenditures. Staff recommends that the matter be further investigated.

Complainant Norma Jean Nicholls was present at the meeting and stated she also has some concerns regarding Mr. Choi's food expenses and asked that the matter be looked into further.

Mr. Muraoka moved that the matter be further investigated, Ms. Chock seconded. Motion carried.

Docket 02-09 Thomas Berg vs. Certified Management, Inc.
Complaint alleges that Certified Management failed to file the required reports for an in-kind contribution made on behalf of candidate Tesha Malama. Certified Management has since filed the required reports. Complainant further complains that there are other expenses other than stamps that have not been reported by Certified and that the complaint should not be dismissed until all expenditures and contributions have been reported.

Ms. Chock moved that the matter be further investigated, Mr. Muraoka seconded. Motion carried.

Draft Advisory Opinion 02-09 State Contractor Disclosure
Draft advisory opinion clarifies that only individuals or entities that enter into a contract worth $50,000 or more with the state or county and contribute directly to a candidate, committee or political party are required to submit a contractor disclosure report.

Ms. Chock moved to approve draft Advisory Opinion 02-09, Mr. Muraoka seconded. Motion carried.

Communication to Commission:
Electronic Reporting
In 1996 the goal was to develop an electronic filing system and today the 2002 elections for the primary election we had 87 candidates that filed directly onto the internet. Presently working on a program for the noncandidate committees and updating the candidate program.

Public Funding
To date about $129,000 has been distributed to 30 candidates.

Next Meeting:
Scheduled for Monday, December 2, 2002 at 3:30 p.m.

No further business to discuss Chair Black adjourned meeting.
Meeting adjourned at 3:50 p.m.