Date:

Wednesday, 03/10/2021

Start Time:

10:00 AM

Place:

Zoom Video Conference

Agenda

Please call the Commission’s office before March 9, 2021 at 4:30 p.m. to obtain login information.  Anyone wishing to testify may do so during the meeting or may submit testimony in advance via fax or mail.  To avoid excessive noise/feedback, your microphone will be muted until called upon to testify by the Chair.

 

AGENDA

1.                  Call to Order

2.                  Consideration and Approval of Minutes of Meeting on 2/10/21

3.                  New Business

*Proposed Conciliation Agreement No. 21-110 – In Re the Matter of Christy Kajiwara-Gusman – The proposed conciliation agreement is offered to settle a claim by the Commission regarding the failure to file the Statement of Information for Electioneering Communications in violation of Hawaii Revised Statutes sections 11-341 and 11-410.  The Commission will consider acceptance of the conciliation agreement and assessment of an administrative fine ($1,833.33).

*Proposed Conciliation Agreement No. 21-111 – In Re the Matter of Friends of Kelly Kitashima – The proposed conciliation agreement is offered to settle a claim by the Commission regarding the failure to file the Statement of Information for Electioneering Communications in violation of Hawaii Revised Statutes sections 11-341 and 11-410.  The Commission will consider acceptance of the conciliation agreement and assessment of an administrative fine ($833.33).

*Proposed Conciliation Agreement No. 21-112 – In Re the Matter of Friends of Mike Dandurand – The proposed conciliation agreement is offered to settle a claim by the Commission regarding the late filing of the Supplemental Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission will consider acceptance of the conciliation agreement and assessment of an administrative fine ($66.67).

*Proposed Conciliation Agreement No. 21-113 – In Re the Matter of Friends of Anosh H. Yaqoob – The proposed conciliation agreement is offered to settle a claim by the Commission regarding the late filing of the Final Election Period Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission will consider acceptance of the conciliation agreement and assessment of an administrative fine ($66.67).

*Proposed Conciliation Agreement No. 21-114 – In Re the Matter of Friends of Don Guzman – The proposed conciliation agreement is offered to settle a claim by the Commission regarding the late filing of the Supplemental Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission will consider acceptance of the conciliation agreement and assessment of an administrative fine ($66.67).

*Proposed Conciliation Agreement No. 21-115 – In Re the Matter of Andrew – The proposed conciliation agreement is offered to settle a claim by the Commission regarding the late filing of the Final Election Period Report and the Supplemental Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission will consider acceptance of the conciliation agreement and assessment of an administrative fine ($133.33).

*Proposed Conciliation Agreement No. 21-116 – In Re the Matter of Friends of Richard Abbett – The proposed conciliation agreement is offered to settle a claim by the Commission regarding the late filing of the Supplemental Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission will consider acceptance of the conciliation agreement and assessment of an administrative fine ($66.67).

*Proposed Conciliation Agreement No. 21-117 – In Re the Matter of Karl Dicks for Mayor – The proposed conciliation agreement is offered to settle a claim by the Commission regarding the late filing of the 1B Preliminary Primary Report, 2^nd Preliminary Primary Report, Final Primary Report, and Final Election Period Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission will consider acceptance of the conciliation agreement and assessment of an administrative fine ($317.05).

*Proposed Conciliation Agreement No. 21-118 – In Re the Matter of Friends for Ainaman – The proposed conciliation agreement is offered to settle a claim by the Commission regarding the late filing of the Final Election Period Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission will consider acceptance of the conciliation agreement and assessment of an administrative fine ($66.67). 

*Proposed Conciliation Agreement No. 21-119 – In Re the Matter of Roger G. Clemente – The proposed conciliation agreement is offered to settle a claim by the Commission regarding the late filing of the Supplemental Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission will consider acceptance of the conciliation agreement and assessment of an administrative fine ($100).

*Proposed Conciliation Agreement No. 21-120 – In Re the Matter of Friends of Monique Perreira – The proposed conciliation agreement is offered to settle a claim by the Commission regarding the late filing of the Supplemental Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission will consider acceptance of the conciliation agreement and assessment of an administrative fine ($100).

*Proposed Conciliation Agreement No. 21-121 – In Re the Matter of Friends of Austin Maglinti – The proposed conciliation agreement is offered to settle a claim by the Commission regarding the late filing of the Supplemental Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission will consider acceptance of the conciliation agreement and assessment of an administrative fine ($24.08).

*Proposed Conciliation Agreement No. 21-122 – In Re the Matter of Wilson 4 OHA

 – The proposed conciliation agreement is offered to settle a claim by the Commission regarding the late filing of the Final Election Period Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission will consider acceptance of the conciliation agreement and assessment of an administrative fine ($66.67).

*Docket No. 21-25 – In Re the Matter of Dr. Frederick A. Nitta, M.D. Inc. v. HMSA - A complaint by Dr. Frederick A. Nitta, M.D. Inc. against HMSA for violating the government contractors’ ban and excess contributions in violation of Hawaii Revised Statutes sections 11-355, 11-357, 11-361, 11-364 and 11-410.  The Commission to conduct an initial determination of the complaint in accordance with Hawaii Revised Statutes section 11-404 – i.e., summarily dismiss the complaint, investigate further, make a preliminary determination of the existence of probable cause to believe a violation of law has been committed, or refer the complaint to an appropriate prosecuting attorney for prosecution.

The Commission may convene in an executive session pursuant to Hawaii Revised Statutes section 92-5(a)(4) to consult with the Commission’s attorneys on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities regarding In Re the Matter of Dr. Frederick A. Nitta, M.D. Inc. v HMSA.

*Docket No. 21-34 – In Re the Matter of Chayne Marten, Lynette Marten, and Friends to Elect Chayne Marten State House Representative District 10 – A complaint by the Executive Director against Chayne Marten, Lynette Marten, and Friends to Elect Chayne Marten State House Representative District 10 for the late filing of the Supplemental Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission to conduct an initial determination of the complaint in accordance with Hawaii Revised Statutes section 11-404 – i.e., summarily dismiss the complaint, investigate further, make a preliminary determination of the existence of probable cause to believe a violation of law has been committed, or refer the complaint to an appropriate prosecuting attorney for prosecution.

*Docket No. 21-35 – In Re the Matter of Banner Fanene and Friends for Banner S. Fanene – A complaint by the Executive Director against Fanner Banene and Friends for Banner S. Fanene for the late filing of the Final Election Period Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission to conduct an initial determination of the complaint in accordance with Hawaii Revised Statutes section 11-404 – i.e., summarily dismiss the complaint, investigate further, make a preliminary determination of the existence of probable cause to believe a violation of law has been committed, or refer the complaint to an appropriate prosecuting attorney for prosecution.

*Docket No. 21-36 – In Re the Matter of Kristina Kim-Marshall and Friends of Kristina Kim-Marshall – A complaint by the Executive Director against Kristina Kim-Marshall and Friends of Kristina Kim-Marshall for the failure to report expenditures, failure to file the Statement of Information for Electioneering Communications, and failure to file the Supplemental Report in violation of Hawaii Revised Statutes sections 11-331, 11-341, 11-334 and 11-410.  The Commission to conduct an initial determination of the complaint in accordance with Hawaii Revised Statutes section 11-404 – i.e., summarily dismiss the complaint, investigate further, make a preliminary determination of the existence of probable cause to believe a violation of law has been committed, or refer the complaint to an appropriate prosecuting attorney for prosecution.

*Docket No. 21-37 – In Re the Matter of Vicki Higgins, Meg Dereign, and Friends for Vicki Higgins 2020 – A complaint by the Executive Director against Vicki Higgins, Meg Dereign, and Friends for Vicki Higgins 2020 for the failure to file the Final Election Period Report and the Supplemental Report in violation of Hawaii Revised Statutes sections 11-334 and 11-410.  The Commission to conduct an initial determination of the complaint in accordance with Hawaii Revised Statutes section 11-404 – i.e., summarily dismiss the complaint, investigate further, make a preliminary determination of the existence of probable cause to believe a violation of law has been committed, or refer the complaint to an appropriate prosecuting attorney for prosecution.

*Docket No. 21-38 – In Re the Matter of Naomi Taniguchi and Naomi Julie Ann Taniguchi – A complaint by the Executive Director against Naomi Taniguchi and Naomi Julie Ann Taniguchi for the failure to file the Final Election Period Report and the Supplemental Report in violation of Hawaii Revised Statutes sections 11-334 and 11-410.  The Commission to conduct an initial determination of the complaint in accordance with Hawaii Revised Statutes section 11-404 – i.e., summarily dismiss the complaint, investigate further, make a preliminary determination of the existence of probable cause to believe a violation of law has been committed, or refer the complaint to an appropriate prosecuting attorney for prosecution.

*Docket No. 21-39 – In Re the Matter of Rosebella Martinez, Kimberly Okamura, and Friends of Rose Martinez – A complaint by the Executive Director against Rosebella Martinez, Kimberly Okamura, and Friends of Rose Martinez for the failure to file the
Statement of Information for Electioneering Communications in violation of Hawaii Revised Statutes sections 11-341 and 11-410.  The Commission to conduct an initial determination of the complaint in accordance with Hawaii Revised Statutes section 11-404 – i.e., summarily dismiss the complaint, investigate further, make a preliminary determination of the existence of probable cause to believe a violation of law has been committed, or refer the complaint to an appropriate prosecuting attorney for prosecution.

4.                  Old Business

*Docket No. 21-32 – In Re the Matter of Karl Dicks, Shirley Castillo, and Karl Dicks for Mayor – A complaint by the Executive Director against Karl Dicks, Shirley Castillo, and Karl Dicks for Mayor for the late filing of the 1B Preliminary Primary Report, 2^nd Preliminary Primary Report, Final Primary Report, and Final Election Period Report in violation of Hawaii Revised Statutes sections 11-334 and 11-340.  The Commission to conduct an initial determination of the complaint in accordance with Hawaii Revised Statutes section 11-404 – i.e., summarily dismiss the complaint, investigate further, make a preliminary determination of the existence of probable cause to believe a violation of law has been committed, or refer the complaint to an appropriate prosecuting attorney for prosecution.

*Consideration, Discussion, and/or Update of Commission Legislation and Other Campaign Finance Related Bills/Resolutions for the 2021 Legislative Session – Consideration, discussion, and/or update of Commission legislation as well as any other campaign finance related bills/resolutions that impact Commission operations/business for the 2021 Legislative Session.

5.                  Report from Executive Director – Report on Compliance of Filing Timely Disclosure Reports.

6.                  Executive Session

*Consideration and Approval of Executive Session Minutes of Meeting on 2/10/21.

*Pursuant to Hawaii Revised Statutes section 92-5(a)(4) – To consult with the Commission’s attorneys on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities regarding McGee v. Campaign Spending Commission and Friends of Calvin Say.

*Pursuant to Hawaii Revised Statutes section 92-5(a)(4) – To consult with the Commission’s attorneys on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities regarding the imposition of fines and clarification of fine guidelines.

7.                  Next Meeting – Scheduled for Wednesday, April 14, 2021.

 

Agenda may be amended by the affirmative vote of four members of the Commission to the extent allowable by Hawaii Revised Statutes section 92-7(d).

If you would like to testify on any agenda item, please limit your testimony to 5 minutes per item.

If you require special assistance or an auxiliary aid/service or other accommodation due to a disability to participate in this meeting, contact the Campaign Spending Commission at (808) 586-0285 as soon as possible, preferably 48 hours prior to the meeting.  If a response is received after March 8, 2021, we will try to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. Upon request, this notice is available in an alternate format such as electronic copy or large print.