Minutes for October 12, 2011

Campaign Spending Commission
Leiopapa A Kamehameha Building, Room 204
October 12, 2011
10:00 a.m.

Commissioners Present:
Chair Michael Weaver, Steven Olbrich, Paul Kuramoto

Staff Present:
Kristin Izumi-Nitao, Tony Baldomero, Gary Kam, Ellen Kojima
Deputy Attorney General Robyn Chun

Call to Order:
Meeting convened at 10:00 a.m. with Chair Weaver presiding.

Consideration of Minutes:
Commissioner Kuramoto moved to approve the minutes of September 14, 2011.  Motion seconded by Chair Weaver.  Motion carried.

Old Business:
Docket No. 12-04 – In Re the Matter of Inam Rahman, Friends of Inam Rahman and Reyne Rahman
Complaint filed by Executive Director Izumi-Nitao for failure to timely file six disclosure reports.  At the previous meeting a request was made to continue the matter because the complaint had been returned with a forwarding address. The matter was continued until the October meeting.

The complaint was sent to the new address and Respondent Rahman has since filed the six reports.  General Counsel Kam requested that the complaint be withdrawn because Respondent filed the reports.  Late report fine will be computed and a letter sent.  Staff to withdraw complaint.

Subscribe-Unsubscribe Email System
Associate Director Baldomero acknowledged ICSD’s work on the system that was launched on September 30, 2011. System will be another cost cutting way for staff to communicate with candidates, committees, and the general public.  The system will generate emails from a “do not reply” address.

New Business:
Docket No. 12-05 – In Re the Matter of Rosebella Martinez, Friends of Rose Martinez, and Chad M. Sakagawa
Complaint filed by Executive Director Izumi-Nitao for failure to timely file a Supplemental Report.  General Counsel Kam requested that the Commission make a preliminary determination of probable cause that a violation has been committed and assess a fine of $200.

Respondent Rosebella Martinez who was present at the meeting requested that the fine be waived.  She stated that this was the second time a report had been filed late, but because she had no activity for the reporting period, she thought she did not have to file this report.

Commissioner Kuramoto moved to find probable cause exists that Respondent committed a violation and accept relief as stated in the complaint.  Motion seconded by Chair Weaver.  (Vote – aye-Weaver, Kuramoto / no-Olbrich)

Commissioner Olbrich moved to find probable cause exists that Respondent committed a violation and to assess a fine of $50.  Motion seconded by Chair Weaver. (Vote – aye-Olbrich / no-Weaver, Kuramoto)

Chair Weaver moved to find probable cause exists that Respondent committed a violation and assess a fine of $100.  Motion seconded by Commissioner Olbrich.  Motion carried unanimously.

Docket No. 12-06 – In Re the Matter of Maui Contractors Association Political Action Committee and Joseph Williams

Complaint filed by Executive Director Izumi-Nitao for failure to timely file a Supplement Report.  General Counsel Kam requested that the complaint be withdrawn as the Respondent has filed the report and paid the fine.

Commissioner Kuramoto moved to dismiss Docket No. 12-06.  Motion seconded by Commissioner Olbrich.  Motion carried unanimously.

Proposed 2012 Legislation
General Counsel Kam presented staff’s proposed legislation for the upcoming session which included technical revisions, filing deadlines, and regulating and reporting of independent expenditures.

Report from Executive Director:
Report on Failure to File Reports, Unpaid Fines, and Subsequent Proceedings
General Counsel reported the following:

1 – Payment Plan – Dawn Wasson & Mele Carroll are current
2 – Circuit Court Applications – Karen Awana (paid fine but some reports still not filed) & Ramon Madden (to be withdrawn due to information from process server that Madden moved to Chicago and Treasurer passed away).  Also, withdrew circuit court applications concerning Jonathan Able & Michael Hale.

Consideration of Reinstitution of Random Audits
Random audits of 13 candidates (Senate, House, City Council, BOE and OHA), last done five years ago.  Executive Director Izumi-Nitao recommended that random audits be reinstituted to encourage compliance and to educate candidates regarding the campaign finance laws and rules.  Notice will be sent to candidates before the audit is implemented.

Upcoming Meeting with Office of Elections
Executive Director Izumi-Nitao reported that she, Associate Director Baldomero, and General Counsel Kam will be meeting with the Office of Elections staff on October 21, 2011 to discuss legislation, training, certification of elected officials (as it applies to outstanding reports), and intra-agency requests for information.

Update – New Commissioners
Executive Director Izumi-Nitao reported that the Governor’s office hopes to name new members by the end of the month.  Also, that the maximum a holdover commissioner may sit is 8 years, so this will be Commissioner Paul Kuramoto’s and Steven Olbrich’s last meeting.

Recognition of Commissioner Steven Olbrich
Executive Director Izumi-Nitao thanked Commissioner Steven Olbrich, whose term expires on 11/2/2011, for his time and service to the Commission.  Executive Director Izumi-Nitao further noted that this would be the last meeting for former Chair and Commissioner Paul Kuramoto due to his term also expiring on 11/2/2011.

Commissioner Olbrich moved to convene executive session to consult with attorney.  Motion seconded by Commissioner Kuramoto.  Motion carried unanimously.

Public session reconvened.

Next Meeting:
Scheduled for Wednesday, November 9, 2011 at 10:00 a.m.

Commissioner Kuramoto moved to adjourn meeting.  Motion seconded by Commissioner Olbrich.  Motion carried unanimously.  Meeting adjourned at 11:05 a.m.