American Federation of State, County and Municipal Employees Special Account: Alleged violations of Chapter 42.17A RCW for failure to accurately and completely report as an out-of-state political committee, and to report independent expenditures/electioneering communications (July 19)

Case

#54145

Respondent

American Federation of State, County and Municipal Employees Special Account

Complainant

Freedom Foundation (Maxford Nelsen)

Description

A complaint was filed against American Federation of State, County and Municipal Employees Special Account (AFSCME) alleging violations of: (1) RCW 42.17A.250 for failing to timely and accurately file reports disclosing contributions and expenditures as an out-of-state political committee on the C-5 reports; and (2) RCW 42.17A.255, .260, and .305 for failure to timely, accurately, and completely report independent expenditures and/or electioneering communications.

On September 26, 2019, an Enforcement Hearing will be held before the Commission concerning allegations that AFSCME violated RCW 42.17A.250 by: (1) failing to timely file Out-of-State Committee Contribution Reports (C-5 reports) disclosing $250,000 in monetary contributions made to three political committees in Washington State during calendar years 2015 and 2016; and (2) failing to timely file C-5 reports disclosing contributions received from AFSCME International into AFSCME’s segregated account covering the period October 1, 2014 through August 31, 2018.

A Stipulation to Facts, Violations and Penalties has been agreed to between the two parties, was presented and accepted by the Commission at the hearing finding AFSCME, AFL-CIO violated:

RCW 42.17A.250 by failing to timely file Out-of-State Committee Contribution Reports (C-5 reports) disclosing $250,000 in monetary contributions made to three political committees in Washington State during calendar years 2015 and 2016.
RCW 42.17A.250 by failing to timely file C-5 reports disclosing contributions received from AFSCME International into AFSCME’s segregated account covering the period October 1, 2014 through August 31, 2018.

AFSCME, AFL-CIO agreed to pay a total civil penalty of $5,250, representing $750 for each late filed C-5 report in accordance with the Stipulation Penalty Schedule found in WAC 390-37-062, of which $2,000 of the penalty is suspended on the conditions AFSCME AFL-CIO:

(1) Is not found to have committed any further violations of RCW 42.17A or WAC 390 within four years of the date of the final order in this matter. The suspended penalty shall not be assessed based solely upon any remediable violation, minor violation, or error classified by the Commission as appropriate to address by a technical correction;

(2) Is in compliance with all reporting requirements; and

(3) The non-suspended portion of the penalty ($3,250) is paid by AFSCME within 30 days of the date of the final order in this matter.

Disposition

Violation Found by Commission

Date Opened

July 08, 2019

Areas of Law

RCW 42.17A.250, RCW 42.17A.255, RCW 42.17A.260, RCW 42.17A.305

Documents

Penalties

Total penalties: $5,250

Balance Due: $0

American Federation of State, County, and Municipal Employees

Penalty

$5,250

Suspended

$2,000

Payments

$3,250 on 10/08/2019 (Paid in Full)