Tahir-Garrett, Omari: Alleged violations of Chapter 42.17A RCW for failure to timely file a Candidate Registration and Personal Financial Affairs Statement within two weeks of becoming a candidate (EY 20; July 20)

Case

#72787

Respondent

Omari Tahir-Garrett

Complainant

Glen Morgan

Description

Pursuant to the brief enforcement hearing (brief adjudicative proceeding) notice sent to Omari Tahir-Garrett on September 28, 2020, a brief adjudicative proceeding was held on October 21, 2020, remotely from Olympia, WA by live audio and online transmission, to consider whether the Respondent violated RCW 42.17A.205 by failing to file a Candidate Registration (C-1 report) as a candidate for the 2020 election cycle, and RCW 42.17A.700 by failing to file a Personal Statement of Financial Affairs (F-1 report) as a candidate for the 2020 election cycle, disclosing campaign information and financial activities for the previous 12 calendar months. Both reports were due to be filed within two weeks of declaring candidacy, or not later than June 1, 2020. 

The hearing was held in accordance with Chapters 34.05 RCW and 42.17A RCW and Chapter 390-37 WAC.  Commission Chair David Ammons was the Presiding Officer.  The Commission staff was represented by Jennifer Hansen, Compliance Officer. The Respondent did not participate in the hearing or submit any written materials.

Having considered the evidence, the Presiding Officer finds as follows: 

FINDINGS OF FACT 

1. The Respondent is a candidate for Washington State Governor.  
2. As a gubernatorial candidate appearing on the August 4, 2020 primary election ballot, the Respondent was required to file the C-1 report and F-1 report, within two weeks of declaring candidacy or no later than June 1, 2020. 
3. The Respondent did not file the missing C-1 or F-1 reports prior to the date of the hearing.    
4. The Respondent has no prior violations. 

CONCLUSIONS OF LAW 

Based on the above facts, as a matter of law, the Presiding Officer concludes as follows: 

1. This matter was duly and properly convened and all jurisdictional, substantive, and procedural requirements have been satisfied. 

2. The Respondent violated RCW 42.17A.205 and RCW 42.17A.700 by failing to file the C-1 and F-1 reports within two weeks of declaring candidacy or by June 1, 2020. 

ORDER 

ON the basis of the foregoing Findings of Fact and Conclusions of Law, 

IT IS HEREBY ORDERED that the Respondent is assessed a civil penalty of $500, with $300 of the penalty suspended, in accordance with the C-1 and F-1 report penalty schedule set forth in WAC 390-37-143, payable within 30 days of the date of the Order.  
It is further ordered that the Respondent: 
1. Pay the $200 non-suspended portion of the civil penalty within 30 days of the date of this Order. 
2. File the missing C-1 and F-1 reports within 30 days of the date of this Order.  
3. Commit no further violations of Chapter 42.17A RCW or Title 390 WAC, for a period of 4 years from the date of this order, or the suspended $300 will become payable. 
 

Disposition

Violation Found by Commission

Date Opened

July 02, 2020

Areas of Law

RCW 42.17A.205, RCW 42.17A.210, RCW 42.17A.215, RCW 42.17A.235, RCW 42.17A.700, RCW 42.17A.710

Documents

• 72787 Tahir-Garrett Omari Order.pdf
• 72787 Tahir-Garrett Omari C1 F1 Hearing Notice.pdf
• 72787 Initial Hearing Results - Complainant.pdf
• 72787 Tahir-Garrett Omari Complaint.pdf
• 72787 Initial Hearing Results - Respondent.pdf

Penalties