Rules of the road
change for politicians
The state's campaign
By Richard Borreca
watchdog organization makes
two key rulings
Star-BulletinThe state Campaign Spending Commission has changed the political landscape significantly.
First, it denied Maui Mayor Linda Lingle's request for matching campaign funds in the same proportion as given to Gov. Ben Cayetano when he ran for office four years ago.
Second, the commission opened the door to advertising about issues without regulation.
Commissioners did so because of rulings by the U.S. Supreme Court and the 9th U.S. Circuit Court of Appeals, which state that persons have a right to express their position on an issue without regulation by a campaign spending commission.
"We advise the public of our acknowledgment of a painfully large loophole in campaign spending regulation . . . any person or organization either within or outside of our state will be able to promote candidates or issues under the guise of educational or informational advertsing," the commission said in adopting its position.
The opinion was requested by a candidate for office.
"In light of this regulatory impotence, it remains to the press and public to demand full disclosure from promoters of informational advertising," commissioners said in their opinion.
In the other action, the commission voted 3-to-2 to deny Lingle's request for extra campaign matching money.
The commission's executive director argued that although the law had not changed, the portion of money to be given to candidates was changed by the Legislature.
Lingle said she may appeal the ruling, which will cost her $270,000 in campaign money.
Matching campaign money is paid to candidates who agree to limit campaign spending. The money comes from the campaign fund check-off on state and federal income tax returns.
"I ask you to apply the same rules you applied to Mr. Cayetano when he got his funds four years ago," Lingle asked.
But Robert Watada, commission executive director, said the commission started interpreting the law differently in 1996 after the 1995 Legislature expanded the money available for candidates for legislative races.
"No law has changed; this is one more attempt to hamper me from running a competitive campaign," Lingle charged.
Watada heatedly denied her charges.
"I resent you making the accusation, I resent you saying we made this up, I resent that you say I am favoring one candidate," Watada said.
Cayetano calls conspiracy
claims ‘ridiculous’Charges by the Maui corporation counsel,
By Mike Yuen and Ian Lind
the governor says, are ‘very irresponsible’Star-Bulletin
Gov. Ben Cayetano has branded as "unfounded" allegations that state and federal environmental agencies are targeting Maui's wastewater system for enforcement actions to derail the Republican gubernatorial campaign of Maui Mayor Linda Lingle.
Responding to charges raised by Maui Corporation Counsel J.P. Schmidt, Cayetano said it is "a ridiculous statement" to claim that his Democratic administration can get the federal Environmental Protection Agency to conspire in a political action.
"If anybody understands the EPA, they know that the chances are nil that anything like (what Schmidt is alleging) is happening," Cayetano said. "To say something like that is very irresponsible."
Because Schmidt is making "an irresponsible allegation," Cayetano said he may file a complaint with the Office of Disciplinary Counsel, which investigates claims of unethical behavior by attorneys.
Schmidt charged Monday that the EPA and state Health Department have "deliberately timed" enforcement actions to embarrass Lingle in the key months before the election.
The allegation came as the county walked away from negotiations aimed at settling charges stemming from hundreds of sewage spills between 1992 and 1996.
Bruce Anderson, deputy director for environmental health, said Maui County's decision to break off negotiations forces the state and federal governments to file suit immediately "to protect our legal options." He expects a joint federal-state suit will be filed in federal court this week.
"Maui residents will be the worse off in that they will be paying for years of litigation on this case, and I would anticipate legal bills will far exceed the approximately $900,000 of penalties and supplemental projects we had tentatively agreed to," he said.
Anderson said terms of the proposed settlement included requirements for increased sewer maintenance, routine replacement and upgrading as equipment wears out and increased education on prevention of spills.
Health Department spokesman Patrick Johnston said allegations of a political conspiracy resulted from Maui officials "completely twisting and misinterpreting" comments made by state Wastewater Branch Chief Dennis Tulang in a meeting last month.
"What Dennis was trying to say was that he didn't want this to become political, wrap it up before it becomes political," Johnston said. "That was misinterpreted as being, 'Oh, they want to stall this to make it political as we enter the race.' But it was just the opposite."
"He (Tulang) is not interested in politics. He's interested in the enforcement action and getting it resolved," Johnston said.
Paul Achitoff, staff attorney with the EarthTrust Legal Defense Fund, also discounted the political conspiracy theory and called the enforcement action long overdue.
"This is simply not a case in which somebody made a little mistake and then, whoops, spilled something on the ground and quickly cleaned it up. This municipality has been treating wastewater for years and years and having spills for years and years, and it's about time somebody did something about it," he said.
