Outgoing City Councilman Rod Tam, already facing possible jail time after pleading guilty last month to 26 misdemeanor counts to settle charges brought by the state, could face additional charges stemming from a separate investigation by the state Campaign Spending Commission.

The commission last week referred a case against Tam to the city Prosecutor’s Office for further review and investigation.

"Facts of the case looked like it warranted it," said Paul Kuramoto, chairman of the five-member commission.

The complaint alleges Tam and his campaign improperly used campaign funds, failed to maintain legible receipts for verification purposes, falsely reported expenditures and failed to report two contributions.

Commissioners took up the case Dec. 15 at their regular monthly meeting.

Tam did not attend, citing a scheduling conflict. Kristin Izumi-Nitao, executive director of the commission, said Tam’s request to reschedule the hearing came the day before the meeting.

"I think the commissioners probably would have liked to have heard from him," she said. "I think the commission felt he had sufficient notice."

Tam said he was told his appearance was optional, adding he did not know what the commission’s inquiry focused on.

"I do not know what the concerns are," he said. "I have not received any formal communication, to date, from the Campaign Spending Commission.

"My doors have always been open for communication. As a public servant, I acknowledge I live in a fish bowl — people make inquiries into my daily life, along with other elected officials."

He declined further comment.

Tam, who has continuously served in elected office since 1982, is set to leave office when his second term on the City Council expires in 10 days. He is barred by term limits from seeking re-election and he came in a distant fourth in this year’s race for Honolulu mayor.

He ends his time in office facing potential jail time and a litany of charges stemming from his purported use of city funds for "hundreds" of personal meals for family, friends and constituents.

The turmoil began in March, when Tam admitted no wrongdoing but agreed to pay $11,700 in restitution and a $2,000 civil fine over allegations by the city Ethics Commission that he used his Council contingency fund for more than $22,000 worth of meals unrelated to his city work.

That case was referred to then-Prosecutor Peter Carlisle, who recused himself from the matter because both he and Tam were candidates for mayor. Carlisle sent the case to the Attorney General’s Office for further review.

Tam then pleaded guilty Nov. 24 to two counts of third-degree theft, 11 counts of fourth-degree theft and 13 counts of falsifying documents to settle charges by the Attorney General’s Office that he falsified claims for reimbursement of meals from 2007 to 2009.

Fifteen counts are misdemeanors with a maximum penalty of up to a year in jail, a $2,000 fine or both, for each count. The 11 fourth-degree theft charges are petty misdemeanors carrying maximum penalties of up to 30 days in jail, a $1,000 fine or both. Sentences typically are served concurrently.

Penalties will be decided when Tam is sentenced Jan. 27 in a hearing before part-time District Judge Randal Shintani.

Former Attorney General Mark Bennett, who reached the plea deal with Tam, said there was no agreement reached on potential jail time and it will be up to his successor to decide what penalty to seek.

Following the release of the Ethics Commission report in March, Tam voted unanimously with his colleagues on a censure resolution. He was removed as chairman of the Zoning Committee and was required to approve all future use of his contingency account with the Council chairman.

Tam admitted only to sloppy record-keeping and faulty math, while arguing that the rules covering discretionary expenses of Council members needed to be clarified.

Word of the Campaign Spending Commission investigation came after the release of the Ethics Commission’s report.

Izumi-Nitao said commissioners at their Dec. 15 meeting had the option of continuing the case, dismissing it or referring it to law enforcement for further review.

"I think they just had the sense it was serious enough … it just warranted a look by the Prosecutor’s Office," she said.

Lynne Waters, spokeswoman for Prosecutor Keith Kaneshiro, confirmed the case has been received and is being reviewed. She said there was no timetable to complete the investigation.