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Minutes for September 11, 2003

Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
September 11, 2003
3:00 p.m.

Members Present:
A. Duane Black, Mona Chock, Richard Choy

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

Call to Order:
Meeting convened at 3:03 p.m. with Chairman Black presiding.

Mr. Watada, informed the Commission that Jon Itomura resigned from the position of General Counsel effective September 5.

Consideration of Minutes:
Ms. Chock moved to accept the minutes of August 7, 2003, Mr. Choy seconded. Motion carried.

New Business:
Docket #03-08 David Kimo Frankel vs. Linda Lingle
Mr. Frankel filed a complaint asking that the Commission investigate because Linda Lingle may have used campaign funds for personal purposes. The complaint offers no evidence and it does not make reference to any improper expenses. Staff recommends that the complaint be dismissed.

Shelton Jim On, was on hand representing Governor Lingle and her campaign. He represented that a complaint has also been filed with the Ethics Commission and that personal expenditures of matter is not within the jurdiction of this commission unless campaign funds are used. He noted that the complaint does not make reference to any specific campaign expenses.

Ms. Chock moved to dismiss Docket #03-08, Mr. Choy seconded. Motion carried.

Conciliation Agreement 03-28 John DeSoto and committee to Elect John DeSoto
Investigation of Mr. DeSoto's campaign centered around his use of campaign vehicles for personal purposes and non-campaign uses of campaign funds. Funds were used to purchase suits, pay parking fine and for parking at the city lot. Mr. DeSoto has agreed to settle without going into a contested case hearing and to a fine of $4,241.41, an amount equal to what was used for improper expenditures. Staff recommends that the Agreement be accepted.

Ms. Chock moved to accept Conciliation Agreement 03-28, Mr. Choy seconded. Motion carried.

Conciliation Agreement 03-29 NTW Associates, Inc. and Jeffrey Yee Chit Wong
Investigation found that NTW made approximately $35,000 in contributions to Cayetano, Harris, Apana, Hee and Hannemann through relatives and friends. Most of the contributions were to the Harris campaign committee. Mr. Wong of NTW has agreed to a fine of$19,000.

Ms. Chock moved to accept Conciliation Agreement 03-29, Mr. Choy seconded. Motion carried.

Draft Advisory Opinion 03-03 Food Contributions for Talk Story Events
An opinion was requested as to whether community donations to the Governor's "Talk Story" sessions needed to be reported as campaign donations. Draft advisory opinion advises that it does not need to be reported as long as there is no campaign related activities or messages during the sessions.

Ms. Chock moved to approve draft Advisory Opinion 03-03, Mr. Choy seconded. Motion carried.

Communication to Commission:
Legislation
Staff is currently putting something together. It will basically be the same package as last year.

Next Meeting:
Scheduled for Thursday, October 9, 2003 at 3:00 p.m.

No further business to discuss, Chairman Black adjourned meeting.
Meeting adjourned at 3:30 p.m.

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