Public Disclosure Commission

711 Capital Way, Room 206 | Olympia, Washington 98504

Note: All times shown for consideration of agenda items (other than time of convening) are approximate and may vary, depending on the amount of discussion required for each.

9:30 AM - I. Citizen Comments/Concerns | Commissioner Comments/Concerns | Minutes

Approval of Regular Meeting Minutes of April 23, 2015

Presenter - Chair Degginger

9:35 AM - IV. Rulemaking

Public hearing and possible adoption of amendments to:

  • WAC 390-18-050 Commercial advertisers - public inspection of records
  • WAC 390-37-020 Enforcement procedures – Initiation of a complaint
  • WAC 390-37-040 Enforcement procedures – Procedures for filing complaints with the commission
9:45 AM - VI. Executive Director Recruitment

Presenters - Chair Degginger

10:30 AM - VI. Reporting Modifications

New

Renewals with change

Renewals with no change

Presenter - Jennifer Hansen

10:50 AM - Break
11:00 AM - VII. Rulemaking (Continued)

Discussion and possible approval of draft proposed language for new and amended rules to provide alternatives to adjudicative proceedings for enforcing Chapter 42.17A RCW and Title 390 WAC.

Draft Amended Rules

  • WAC 390-37-010 Enforcement procedures—General.
  • WAC 390-37-050 Enforcement procedures—Respondent's notice of complaint.
  • WAC 390-37-060 Enforcement procedures—Alternative Responses to Non-compliance—Investigation of complaints—Initiation of hearing (adjudicative proceeding).
  • WAC 390-37-070 Enforcement procedures—Complaints dismissed by executive director.
  • WAC 390-37-103 Commission options following receipt of a staff report on alleged violations.
  • WAC 390-37-140 Brief enforcement hearings (adjudicative proceedings)—Authority.
  • WAC 390-37-142 Brief enforcement hearing (adjudicative proceeding)—Procedure.

Draft New Rules

  • WAC 390-37-055 Alternatives to adjudicative proceedings in response to non-compliance.
  • WAC 390-37-056 Alternative Responses to Non-Compliance - Goals and
  • Draft New Rules, Rule Amendments - Alternative Responses to Non-Compliance May 28, 2015 Commission Meeting Page 5 of 5
  • Objectives – Factors to be Considered.
  • WAC 390-37-057 Notices of correction - Process.
  • WAC 390-37-058 Deferred enforcement - Process.

Existing Rules – Brief Hearing Penalty Schedules

  • WAC 390-37-155 Electronic filing brief enforcement hearing penalty schedule.
  • WAC 390-37-160 Statement of financial affairs (F-1) penalty schedule.
  • WAC 390-37-165 Candidate registration statement (C-1)/candidate statement of financial affairs (F-1) penalty schedule.
  • WAC 390-37-170 Lobbyist monthly expense report (L-2) penalty schedule.
  • WAC 390-37-175 Lobbyist employer report (L-3) penalty schedule.

Presenter - Tony Perkins

11:40 AM - VIII. Legislative Report/Budget Update

Presenter - Andrea McNamara Doyle

11:50 AM - IX. Staff Reports
  • Executive Director
  • Chief Information Technology Officer
  • Assistant Director; Communications and Outreach
  • Compliance and Enforcement

Presenters - Andrea McNamara Doyle; James Gutholm; Tony Perkins

12:00 PM - Executive Session/Working Lunch

Discussion of pending and potential litigation with legal counsel. Possible action regarding pending litigation following the executive session.

1:00 PM - X. Enforcement
  1. Kitsap County Deputy Prosecuting Attorney Guild,Case No. 15-042 involving an alleged violation of RCW 42.17A.405(2) by making an over-limit in-kind contribution in the amount of approximately $1,151 to the 2014 Russell Hauge re-election campaign, by copying graphic content, a picture of Mr. Hauge, and endorsement quotes from Mr. Hauge’s publically available campaign website, and using this material in political advertising reported as an Independent Expenditure in support of Mr. Hauge.
  2. Preserve Marriage Washington, Case No. 13-026involving alleged violations of RCW 42.17A.235 and .240 by failing to timely report expenditures, debts, and orders placed totaling $328,737 during its 2012 campaign opposing Referendum 74, a statewide ballot proposition on the November 6, 2012 general election ballot.
1:45 PM - Adjourn

Reception for Executive Director McNamara Doyle

The Commission may deliberate in closed session on any enforcement matter on this agenda, or any matters listed in RCW 42.30.140.

Meeting Summary

May 28, 2015, Volume 15 Issue No 5

Grant Degginger, Chair

Katrina Asay, Vice Chair

Amit Ranade, Member

John Bridges, Member

Anne Levinson, Member

Enforcement

Staff summarized charges alleging that Preserve Marriage Washington failed to timely report $328,737 in expenditures, debts, and orders placed during its 2012 campaign opposing Ref 74.  The Commission accepted Preserve Marriage Washington’s stipulation, in lieu of conducting a hearing, and ordered that the $5,000 penalty be paid within 60 days of when the final order is entered.

Charges alleging Kitsap County Deputy Prosecuting Attorneys Guild made an over-limit in-kind contribution to the 2014 Russell Hauge re-election campaign were dismissed.

Rule Making

The Commission continued its discussion regarding establishing alternatives to adjudication for resolving complaints.  Draft rule language was considered and staff was directed to make revisions for consideration at the June meeting.

 A public hearing was held and the Commission adopted:

WAC 390-18-050 Commercial advertisers – public inspection of records;

WAC 390-37-020 Enforcement procedures – Initiation of a complaint; and

WAC 390-37-040 Enforcement procedures – Procedures for filing complaints with the commission.

Reporting Modifications 

Personal Financial Statement (F-1) reporting modifications were granted to:

Laverne Doris Biel, candidate for Spokane City Council, from disclosing the business customers that paid $12,000 or more during the previous 12 months to Access Telcom, Inc., a provider of technology hardware, software and technical assistance;

John Eminger, Chewelah School Dist #36 Director, from disclosing the business customers that paid $12,000 or more during the previous 12 months to 49° North Mountain Resort which is comprised of Chewelah Basin Ski Corporation, East Basin Investments, Alpine Developments Group and 49° North Winter Sports Foundation, all of whom are part of the ski resort owned by him and share the same customers;

Jill Geary, candidate for Seattle School Dist Director, from disclosing business and governmental customers that paid $12,000 or more during the previous 12 months to Alvarez and Marsal Valuation services, LLE, a business valuation consulting company of which her spouse is managing director;

Harold Jambor, Port of Willapa commissioner, from disclosing business customers that paid $12,000 or more during the previous 12 months to Ekone Oyster Co, of which he is president and co-owner with his spouse.

Personal Financial Statement (F-1) reporting modifications were renewed for:

Brett Buckley, Thurston County District Court Judge,

Karen Donohue, City of Seattle Municipal Court Judge,

Deborah Ehrlichman, Shoreline School District Director,

Drew Hansen, State Representative, 23rd Legislative District,

John Hein, Cle Elum-Roslyn School Dist #404 Director,

Judith Hightower, City of Seattle Municipal Court Judge,

Steven Hill, Seattle Community College Trustee,

Laura Inveen, King County Superior Court Judge,

Lisa Janicki, Skagit County Commissioner,

David B. Johnston, Snohomish School District Director,

Linda C. J. Lee, Appeals Court, Div II Judge,

Elizabeth Pike Martin, Pierce County Superior Court Judge,

Steven T. O’Ban, State Senator, 28th Legislative District;

Kathleen M. O’Sullivan, Commission on Judicial Conduct member,

Jamie Pedersen, State Senator, 43rd Legislative District,

Glenn Phillips, City of Kent Municipal Court Judge,

Kevin Ranker, State Senator, 40th Legislative District

John R. Ruhl, King County Superior Court Judge,

Christine Schaller, Thurston County Superior Court Judge,

Mark Thompson, Thurston County Fire Dist. 5 Commissioner,

William Alan White, Grant County Hospital Dist. 1 Commissioner, and

Benson D. Wong, City of Mercer Island Council Member.

The Commission meeting materials can be found at www.pdc.wa.gov under Commission Meetings. For additional information concerning these issues contact Lori Anderson, Communications & Training Officer, at (360) 664-2737, toll free 1-877-601-2828 or e-mail at landerson@pdc.wa.gov.

The next regular meeting of the Public Disclosure Commission is tentatively scheduled for June 25, 2015.

Meeting Minutes