Cochran vs Forward Progress/Pacific Resource Parnership & Buenconsejo

1. Identification of Laws Violated

Elle Cochran brings this complaint against Forward Progress/Pacific Resource Partnership (“PRP”) and Butch Ka’ala Buenconsejo (“Buenconsejo”) for violations of Hawai‘i Revised Statutes (“HRS”) §§ 11-357 and 11-363.

2. Statement of Complaint

There is substantial evidence of actual coordination between Forward Progress and former Maui County Council candidate Buenconsejo. Upon a finding of actual coordination under HRS § 11-363, Forward Progress cannot be considered a noncandidate committee and must be deemed a candidate committee on behalf of Buenconsejo. Further, upon such a finding, Forward Progress will have violated HRS § 11-357 as its expenditures would not be deemed independent and would exceed the $2,000 limit for candidate committees.

3. Statement of Facts

In the period 2012 – 2014, Elle Cochran (“Ms. Cochran”) was the councilmember holding the West Maui seat on the Maui County Council. On January 1, 2014, Ms. Cochran hired Chelton Miyazono, then Chair of the Young Democrats of Maui, to work in her Council office as a full-time Executive Assistant. Miyazono’s duties included maintaining Ms. Cochran’s calendar and assisting with other council-related business.

On March 1, 2014, Buenconsejo announced his candidacy for Maui County’s West Maui County Council seat in the 2014 election. In early March 2014, Miyazono and Buenconsejo connected on social media and met several times; Miyazono claimed the meetings were in his capacity as the Young Democrats Chair. Several of Ms. Cochran’s co-workers grew concerned about Miyazono’s meetings with Buenconsejo and his true motives for working for Ms. Cochran, and warned her that he could be attempting to sabotage her campaign and council position.

On March 5, 2014, Miyazono was elected precinct 11/4 Vice-President and District Council 11 Vice-Chair for the Democratic Party (Kihei/Wailea). In late April 2014, Miyazono informed Ms. Cochran’s other Executive Assistant, Sarah Pajimola (“Ms. Pajimola”), that he had been offered a job with Buenconsejo and no longer needed the position with Ms. Cochran’s office. Miyazono nonetheless continued to work as Ms. Cochran’s Executive Assistant, but requested a schedule change for one week to allow him to focus on his work for the upcoming Democratic Convention.

In early June 2014, Miyazono requested to cut back his hours to ¾ time. Having already decided to restructure her office staff positions, Ms. Cochran had Miyazono transition to a half-time schedule later that month. On June 29, 2014, Ms. Cochran and Ms. Pajimola met with Miyazono and expressed their concern, based on his lack of work ethic, poor attendance and tardiness, and his refusal to help with anything politically related on Ms. Cochran’s behalf, that Miyazono was attempting to sabotage Ms. Cochran’s office and ultimately her campaign. Miyazono denied that he had any ill motives and asked for another chance to prove his loyalty to Ms. Cochran.

On June 30, 2014, Buenconsejo attended a “campaign consulting” event sponsored by the Hawai‘i Carpenters Market Recovery Program Fund (“HCRP”). Exhibits 1 – 2. On information and belief, this is the entity that uses the trade names “Pacific Resource Partnership” and “PRP”. Buenconsejo’s attendance at the campaign consultation was funded by the HCRP. Id. His travel and other expenses totaled $1,712.51, which included $861.95 for travel and lodging and $850.56 for “employee services.” Id.

Within fifteen (15) days of HCRP’s campaign consulting event, HCRP had formed the independent expenditure committee Forward Progress, which first registered as a Super PAC on July 11, 2014. Within the same time frame, Forward Progress spent a total of $63,006.53 on mailers, radio ads, media consulting, and a voter poll in support of Buenconsejo’s campaign. Exhibit 3.

On July 26, 2014, Miyazono suspiciously inquired with Ms. Pajimola about Ms. Cochran’s future sign-waving events. Ms. Pajimola was informed two days later that Miyazono had been playing video games at work, and requested updates on all of his pending assignments. Several months of telephone calls and emails by concerned constituents had gone unanswered and assignments had been left uncompleted. Miyazono was terminated from Ms. Cochran’s office on August 13, 2014.

Miyazono began officially working for Buenconsejo’s campaign, and became his agent for purposes of HRS § 11-363, in or around May 2014. See Exhibit 4. However it is likely that he began working for Buenconsejo in March 2014 when he advised Ms. Pajimola that he had been offered the job. On August 17, 2014, Miyazono posted on social media that he “likes the way red [Buenconsejo’s campaign color] looks” on him. Exhibit 5. He met with Buenconsejo on August 19, 2014, was registered as Campaign Deputy Chair on Buenconsejo’s Organization Report on August 25, 2014, and met with Shwetika Baijal, Forward Progress Campaign Director, the following day. See Friends of Ka’ala Buenconsejo Organization Report.

In her resume, Ms. Baijal admits to having

advised several first-time and incumbent county council candidates on building a campaign infrastructure, developing the campaign plan, campaign budget, and fundraising plan, and recommended budget….

[and further, to having]

[s]upervised 2 deputies… on Maui.

Exhibit 6.¹

Around the same time, Ms. Cochran’s office began to notice that certain Google calendar events which had been entered by Miyazono were being altered. Although Miyazono’s access to Ms. Cochran’s Google calendar had been deactivated, Ms. Pajimola was concerned that he somehow still had access. While checking the computer at Miyazono’s former workstation, Ms. Pajimola discovered that Buenconsejo had shared his Google calendar with Miyazono and that Miyazono was in fact officially working for Buenconsejo. See Exhibit 7. Buenconsejo’s calendar, visible on Miyazono’s former computer at Ms. Cochran’s office, displayed entries such as “PRP” and “Carpenters Union”. Id. It appeared that Buenconsejo had been coordinating his campaign with PRP and the HCRP.²

Buenconsejo met with the Carpenters Union on August 28, 2014. Ms. Cochran’s banners and signs began disappearing the following week. On September 10, 2014, Miyazono called Ms. Pajimola advising her that he had access to several of Ms. Cochran’s missing signs and banners, and offering to return them, referenced someone from the Carpenter’s Union several times during the conversation. Exhibit 8. On September 14, 2014, Ms. Pajimola followed up with Miyazono and asked when Ms. Cochran could expect her signs to be returned. He replied that he would return them that day. Miyazono did not return the signs the following day and instead advised Ms. Pajimola that he would not be doing so. Ms. Cochran filed a police report regarding the missing signs, and upon being contacted by the police on their whereabouts, Miyazono implicated Christy Kajiwara Gusman as having them in her possession.

Buenconsejo’s calendar further displayed “Mailer Drop” entries as follows:

October 10, 2014: “Mailer Drop”;

October 22, 2014: “Mail drop #4”;

October 28, 2014: “Mail piece #5”

Exhibit 7. These do not appear to be Buenconsejo’s own mail drops because (a) Buenconsejo’s campaign never produced any such mailers, and (b) Forward Progress’ mailers, as described below, actually coincided with these dates.

On October 14, 2014, people began receiving the first mailer smearing Ms. Cochran, which was “Paid for by Forward Progress.”³ Exhibit 9.

On October 17, 2014, people began receiving the second mailer smearing Ms. Cochran, which was also “Paid for by Forward Progress.” Exhibit 10.

The following day, October 18, 2014, people began receiving the third mailer smearing Ms. Cochran, which was again “Paid for by Forward Progress.” Exhibit 11.

On October 21, 2014, people began receiving the fourth mailer smearing Ms. Cochran, “Paid for by Forward Progress.” Exhibit 12.

Between October 22^nd and October 30^th, people received the fifth and final mailer smearing Ms. Cochran. It was “Paid for by Forward Progress.” Exhibit 13.

In its Report to the Campaign Spending Commission for the Preliminary General period August 10 – October 20, 2014, Forward Progress reported that it spent $22,178.88 on postage for mailers opposing Ms. Cochran. Exhibit 14. Forward Progress did not file an electioneering communications statement of information pursuant to HRS § 11-341, likely because it was registered as a noncandidate committee; it would have been required to do so as a candidate committee. See Hawai‘i Administrative Rules § 3-160-48.

4. Relief Requested

Based on the foregoing, Ms. Cochran hereby requests that the Campaign Spending Commission investigate Forward Progress and Buenconsejo on the question of whether there was actual coordination between them under HRS § 11-363 arising from the matters set forth herein. If the Commission finds actual coordination, Ms. Cochran requests that it make a final determination of violation and issue an order as follows:

1. Finding Forward Progress to have been a candidate committee for Buenconsejo’s

2014 campaign;

2. Directing Forward Progress to file an electioneering communications statement of

information with respect to the mailers attached hereto as Exhibits 7 – 11 as is required to be filed by candidate committees under HRS § 11-341;

3. Finding, pursuant to HRS § 11-410(2), that the violations by Forward

Progress/PRP of HRS § 11-363 also constitute violations by its individual directors, officers, and/or agents who knowingly authorized, ordered, or performed the acts complained of herein;

4. Directing the individual directors, officers, or agents of Forward Progress/PRP

who knowingly authorized, ordered, and/or performed the acts complained of herein to pay fines to the State general fund in an amount that is three times the amount of the unlawful contributions and expenditures made to Buenconsejo;

5. Directing Buenconsejo to pay all contributions and unauthorized expenditures

made by Forward Progress to his 2014 campaign to a charity to be specified by Complainant;

6. Barring PRP from organizing or operating as a super PAC of any kind in the State

of Hawai‘i, including banning the HCRP from creating another super PAC by any other name in the State of Hawai‘i;

7. Alternatively, referring this complaint to the attorney general for investigation

pursuant to HRS § 11-411.

8. Directing and ordering any other appropriate relief.