The Campaign Spending Commission says it will launch an investigation over a Pittsburgh fundraiser held on behalf of Mayor Mufi Hannemann's gubernatorial race.
It stems from conflicting dates of an event and a required filing about it. The Hannemann campaign says they were honest errors by campaign volunteers.
The formal investigation follows a complaint filed pointing out a date listed on a "Notice of Intent to Hold a Fundraiser" was one day after a Pittsburgh campaign event was held.
"The notice of intent to hold the fundraiser has to be filed prior to an event," said Barbara Wong, executive director of the Campaign Spending Commission.
The commission may go beyond the allegations made by the complainant if investigators feel there are any other irregularities.
“We could add additional counts to the complaint or file an additional complaint. At my discretion, I can file a complaint,” Wong said. “The commission has the opportunity to decide whether there is probable cause that a violation or violations occurred, whether to dismiss the complaint, whether to ask for additional investigation or whether to refer it to the prosecutor."
A prosecutor gets involved only in cases where willful or intentional violations are found. According to state statute any person who knowingly, intentionally or recklessly violates any provision of campaign spending law faces a misdemeanor. Anyone who knowingly or intentionally falsifies any report required with the intent to circumvent the law or deceive the commission faces a class C felony.
Hannemann Committee spokesperson Carolyn Tanaka told KHON the committee is "confident the campaign spending commission will find no intent to circumvent campaign spending laws, regulations or policies."
Fines can go up to $1,000 per occurrence.
“The commission has options as far as penalizing or imposing a fine,” Wong said. “They can impose a fine of up to $1,000 per occurrence. In any complaint, if there are multiple violations there's potential for multiple fines.”
"These were honest errors by campaign volunteers for which Mayor Hannemann takes full responsibility,” Tanaka said.
KHON2 asked what happens if it's determined an unintentional mistake was made: "That's up to the commission, they make that decision,” Wong replied. “They review the investigation, they look at the allegation, they look at the responses, they make that decision."
According to KHON2 review of campaign spending law –“the commission may waive further proceedings because of action a person cited or respondent takes to remedy or correct the alleged violation,” such as in this case the mayor saying he won't accept any money from the fundraiser.
"Notwithstanding the legitimacy of the event and the campaign's good faith efforts to comply with campaign spending laws, the mayor's decision is to refuse any contributions associated with this event,” Tanaka said.
The campaign points out the event was attended on Hannemann’s own time with expenses paid for by his campaign -- as a side trip apart from his Washington, D.C. travel for rail-related meetings.
In addition, the campaign statement said “We want the public to know that there were three other trips to D.C. this year on transit- or city-related business. On one of these trips, he attended an after-hour fundraiser on his own time and reimbursed the city for a portion of the trip."
The complaint with the commission was filed by Carroll Cox. In its response to the ensuing commission investigation, the Hannemann Committee said "We welcome the opportunity to bring an end to the speculation and misperceptions that have been fueled by opponents."
KHON2 asked the head of the Campaign Spending Commission if there is a penalty if anyone filing a complaint is found to have made false or malicious accusations.
“That's a good question,” Wong said. “The current campaign statutes don't provide for that. That would come in another area of the law. So that's something that we would research at the time that it arises."
The primary election coming up in just a few months doesn't impact the speed with which the investigation process will continue.
"There's no speed-it-up if there's an election or slow-it-down if there's an election,” Wong said. “We don't work that way. There's only one way to do an investigation and that's thoroughly.”
According to the commission, next steps include giving the campaign an opportunity to respond, then setting the matter on a future commission meeting agenda.
LINK: Campaign spending laws http:/hawaii.gov/campaign/law/documents/hrs.pdf
LINK: The commission's list of fines and penalties covers a range of both Democratic and Republican candidates and donors http:/hawaii.gov/campaign/enforcement/fines
Complete Hannemann Committee statement:
The Hannemann Committee is confident that the investigation by the Campaign Spending Commission will determine that there was no intent to circumvent campaign spending laws, regulations or policies. We have always tried to be scrupulous in complying with campaign spending laws and expect that this investigation will be resolved quickly. We welcome the opportunity to bring an end to the speculation and misperceptions that have been fueled by opponents.
- Mayor Hannemann’s primary reason for traveling to the mainland was to ensure Honolulu’s rail transit project was on track.
- The event in Pittsburgh was a legitimate fundraising event which Mayor Hannemann attended on his own time. His expenses were paid for by his campaign organization.
- Paul Overby, the event sponsor, is a former employee of Bombardier, but is no longer affiliated with that company.
- There were mistakes made in the campaign spending filings. These were honest errors by campaign volunteers for which Mayor Hannemann takes full responsibility. We don’t have paid professional fundraisers like other campaigns.
- Notwithstanding the legitimacy of the event and the campaign’s good faith efforts to comply with campaign spending laws, the Mayor’s decision is to refuse any contributions associated with this event.
- We believe strongly in transparency, going so far as to disclose the names of the persons organizing their fundraisers, in stark contrast to other candidates. In addition we want the public to know that there were three other trips to D.C. this year on transit or city-related business. On one of these trips, he attended an after-hour fundraiser on his own time and reimbursed the city for a portion of the trip.
- The public would be best served if the news media and others in the community would apply the same level of scrutiny to the campaign activities of Neil Abercrombie and Duke Aiona. A CBS News investigation of Mr. Abercrombie’s activities revealed his granting of a $3.5 million federal earmark to Pacific Biodiesel whose founder is a co-chair of the Abercrombie campaign organization. More on that story can be found here.
http://www.cbsnews.com/stories/2009/11/25/eveningnews/main5778601.shtml
- Again, the reason for the Mayor’s trip to the East Coast was to ensure that Honolulu’s rail project was on track, and the historic announcement on Monday is validation of his efforts.
