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Thursday, August 24, 2000



State of Hawaii


New election law
jeopardizes mayor’s
radio show

The Campaign Spending
Commission has declined
to tackle the issue until now


By Gordon Y.K. Pang
Star-Bulletin

From 5 to 6 p.m. weekdays, Jeremy Harris talks about potholes, building permits and other city-related issues as part of the "Ask the Mayor" program on KGU-AM 76 radio.

During the commercially sponsored program, Harris has also talked about how his reorganization of agencies has made government more efficient and customer friendly.

Is he playing the role of campaigner or mayor when he's on the air?

Until now, the Campaign Spending Commission has declined to tackle the question, accepting the claim of Harris supporters that his appearances on the radio show are part of his duties as mayor.

But that may change because of an electioneering communications law that took effect recently, according to Bob Watada, commission executive director.

The city and sponsors may need to abide by campaign spending laws if the commission finds that the show "advocates or supports the nomination of a candidate," Watada said.

That means candidates could be required to report to the commission contributions they make to put the show on the air.

They would also be barred from contributing more than $4,000 during an election period.

But Watada said that at this point, he's not certain the radio show would come under the electioneering communications law.

Harris and his supporters say the show is a function of his being mayor, noting that he refuses to answer campaign-related questions while on the air.

"The mayor's still in office, therefore he can do something like this essentially as city business," said Peter Char, a Harris campaign adviser.

Char said the committee has asked for an advisory opinion from the commission. He noted that the program began last September and that Harris has always used radio as a means of reaching constituents.

Watada, who called Harris' campaign officials to tell them the rules could change this week, said he doesn't know how the commission will rule.

"The letter of the law says if the candidate is named, and if it looks like they're trying to promote themselves, then they fall under this statute," Watada said. "But I can't say whether a particular political program is in violation until such time that I've had all the facts."

Former Mayor Frank Fasi, who is challenging Harris this fall, said any question asked or answered on the show is campaign-related since the election is essentially a referendum on his performance as mayor.

"What is he talking about then, about how to cook spaghetti?" Fasi asked facetiously. "Anything related to the city that the city spends money on for the taxpayers is a campaign issue."

Fasi believes Harris can get those who want to support his mayoral campaign to do so in an unregulated manner by funneling money into the radio program without the limitations and oversight of the commission.

Former Councilman Mufi Hannemann, also a candidate for mayor, said: "When you become an official candidate and you have a radio show that is your own personal radio show, you cannot help but talk about political issues or discuss issues that have political overtones."

Hannemann has an hourlong weekly show on KUMU-FM radio that is paid for by his campaign fund.

City spokeswoman Carol Costa, at the Star-Bulletin's request, released the names of eight sponsors of 'Ask the Mayor' -- I Love Country Cafe, Padovani's Bistro, the Plumbers and Mechanical Contractors Association, Portofino, Advertising Works, the Hawaii Building Trades Council, North Shore Marketplace and Outrigger Resorts and Hotels.

Costa would not say how much each sponsor has given but noted that it costs $250 to be the advertiser of each show. Soliciting is done by the mayor's office, she said.

David Wilson of McNeil Wilson Communications said his agency collects money from advertisers and pays the radio station and receives a commission. Wilson said his firm may have asked one or two of the sponsors to sign up early on.

Watada noted that the agency overseeing sponsorship could be the City Council since all gifts to the city are supposed to be reported to that agency.

According to the City Charter: "The Council, on behalf of the city, may accept gifts or donations of money, securities or other personal property or of real estate or any interest in real estate."

A staffer of Council Chairman Jon Yoshimura's said the matter would be looked into.



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