November 15, 2022
The Commission began a review of possible inflationary adjustments to monetary values listed in the Fair Campaign Practices Act.
Such adjustments could apply to contribution limits, monetary thresholds governing campaign finance reporting, reports of lobbying activity or the financial affairs of elected and appointed officials.
The Commission plans to publish proposed changes and hear public comment in January.
Although the law requires a review at least every five years, the Commission is not required to make any adjustments. Any revisions must equally affect all monetary thresholds in a category, for example, campaign finance, lobbying or financial affairs. But the Commission could also choose to address only one category.
Adjustments would reflect the December inflationary index from the state Office of Financial Management, due for release in January. But they may be rounded off to even dollar amounts to make them more accessible and understandable to the public.
Commission names legislative subcommittee
The Commission appointed Chair Fred Jarrett and Commissioner Allen Hayward to a subcommittee to work with the Legislature for the upcoming 2023 session. While they will take the lead on legislative work, the remaining three Commissioners will assist when requested.
The Commission plans to adopt its request legislation at its December meeting. Commissioners reviewed a draft bill at their September meeting.
Petitions denied
The Commission voted to deny three petitions filed by a campaign treasurer, Conner Edwards, asking for a declaratory order, a rule amendment and conversion of an interpretive statement into rule.
The requests related to PDC staff guidance and implementation within ORCA (Online Reporting of Campaign Activity) software of how campaigns record the purpose of each reported expenditure. The petitioner asserted that PDC guidance on such reporting was unclear and beyond what’s required by law.
The Commission voted separately to deny each of the three requests.
Commissioners drew a distinction between PDC staff issuing guidance and the enforcement of statutes and rules.
“Staff read the statutes and read the rules. They try to give advice to people,” Commissioner Allen Hayward said. “They can’t enforce it, even if it goes beyond the law or the rule. That is the Commission’s responsibility.”
Commissioners said they may turn to rulemaking in the future, but added that they do not feel the process is needed at this time. Read more documents related to this ruling on the Oct. 27, 2022 agenda posted on the PDC website under Petitions for Declaratory Order, Rule Amendment and Conversion of Interpretive Statement into Rule.
The Commission issued fines after conducting enforcement hearings involving elected officials and former officials who failed to file Personal Financial Affairs (F-1) statements and other reports on time.
Theo Leonard, former commissioner with Kittitas County Parks and Recreation District No. 1, failed to file on time an F-1 report for the period Jan. 1, 2021 through the date of his resignation, on or about Sept. 22, 2021.
Leonard claimed he was not appointed to the position and had not served as commissioner. Assistant Attorney General Susie Giles-Klein, representing PDC staff, presented evidence that Leonard engaged in district business, attended monthly KPRD meetings and used an official KPRD email address.
The Commission voted to find that Leonard had served as an appointed commissioner, and assessed a penalty of $600, with $500 suspended if the missing report is filed within 30 days.
Joshua Coleman, commissioner for the South Whidbey Parks & Recreation District, failed to file an F-1 for calendar year 2021 on time. Coleman had one prior violation, for failing to file an F-1 for calendar year 2019. A $250 penalty for that violation was paid, but the 2019 report was not filed as of the date of the hearing.
The Commission voted to impose a $1,000 penalty for the new violation, with $500 suspended, if the new fine is paid and both missing reports are filed within 30 days.
Robert Pruneda, commissioner for Adams County Parks and Recreation District, failed to file an F-1 for calendar year 2021 on time. Pruneda has one prior violation, for failing to file an F-1 and a C-1 (candidate registration) form for a 2021 candidacy. Neither of those reports had been filed and a $500 penalty had not been paid as of the date of the hearing.
The Commission voted to impose a $1,500 penalty for the new violation, with $750 suspended, if all fines are paid and all missing reports are filed within 30 days.
Faaluaina Pritchard, trustee for Clover Park Technical College, failed to file an F-1 for calendar year 2021 on time. Pritchard had one prior violation, for failing to file an F-1 for calendar year 2020. The 2020 report had not been filed, and a penalty of $250 had not been paid as of the date of the hearing.
The Commission voted to impose a penalty of $1,000, with $500 suspended, if all fines are paid and the missing reports are filed within 30 days.
Carrie Youngblood, commissioner for Kittitas Hospital District 2, failed to file an F-1 for calendar year 2021 on time. Youngblood had one prior violation, for failing to file an F-1 for calendar year 2020. A $250 fine for that violation was paid but the 2020 report had not been filed as of the date of the hearing.
The Commission voted to impose a penalty of $1,000, with $500 suspended, if both missing reports are filed within 30 days.
Brandon Patching, a director for the Winlock School District, failed to file an F-1 for calendar year 2021 on time. The report was filed late, on July 27, 2022.
Patching had one prior violation, for failing to file an F-1 covering the 12 months prior to becoming a candidate, which was due June 4, 2021. That report had not been filed, and a $250 fine for that violation had not been paid as of the date of the hearing.
The Commission voted to impose a penalty of $500, and suspend $250, if the missing report is filed and all fines paid within 30 days.
Judy Williams, former City of Stanwood council member, failed to file an F-1 for calendar year 2021 on time. Williams has one prior violation for failing to file an F-1 for 2019. A $250 fine for that violation was paid, but the report had not been filed as of the date of the hearing.
The Commission voted to impose a $1,000 penalty, and suspend $500, if all missing reports are filed within 30 days.
Kate McDougall, city of Chehalis council member, failed to file an F-1 for calendar year 2021 on time. McDougall (previously known as Kate Olson) has one prior violation, for failing to file an F-1 within two weeks of becoming a candidate. A $250 fine for that violation had not been paid, and the report for the previous 12 months prior to becoming a candidate had not been filed as of the date of the hearing.
The Commission voted to impose a $1,000 penalty, and suspend $500, if all missing reports are filed and fines paid within 30 days.
Enforcement stats
As of Oct. 27, there were 72 active complaint-based cases, most related to the general election, and 24 PDC staff-initiated cases.
During the period Sept. 13 through Oct. 20, PDC closed 27 complaint-based cases and 84 PDC staff-initiated cases.
Among the closed cases, one was closed with no evidence of violations. It involved complaints alleging that two Congressional candidate committees improperly made contributions to a candidate running for Washington state representative. PDC staff determined that the federal campaign committees did not have to file with the PDC, and that the state representative candidate could legally accept their contributions.
One case was closed through a Statement of Understanding. It involved a mayoral candidate in the 2021 election cycle who paid a $600 penalty for late filing of three C-4 reports and one C-3 report. The candidate also received a warning letter outlining the requirements for sponsor identification on political advertisements. Warning letters can be considered an aggravating factor in subsequent cases
A total of 17 cases were closed with written warnings. One of those cases involved a complaint alleging that city officials used public resources to support passage of a ballot measure. PDC staff did not find that the city’s written materials advocated for passage; but they did conclude that a verbal statement by the mayor at a council meeting crossed the line into advocacy. The city was warned that in the future, it should carefully review written and verbal communications regarding ballot measures.
Next regular Commission meeting: Thursday, Dec. 8