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 - Convene | Citizen Comments/Concerns | Commissioner Comments/Concerns| Minutes

Approval of October 05, Special Meeting

Approval of October 22, Regular Meeting

Presenter - Chair Asay

9:35 AM - V. Rulemaking

Rule Making

Public Hearing and Possible Adoption of:

Proposed New Rules

  • WAC 390-37-061 Alternative responses to non-compliance – Goals and objectives – Factors to be considered
  • WAC 390-37-075 Deferred enforcement - Process

Proposed Amended Rules

  • WAC 390-37-010 Enforcement procedures - General
  • WAC 390-37-030 Enforcement procedures - Citizen complaints filed with the commission
  • WAC 390-37-050 Enforcement procedures - Respondent"s notice of complaint
  • WAC 390-37-060 Enforcement procedures - Investigation of complaints - Initiation of hearing (adjudicative proceeding)
  • WAC 390-37-070 Enforcement procedures - Complaints dismissed by executive director
  • WAC 390-37-090 Informal settlement - Cases resolvable by stipulation prior to an enforcement hearing (adjudicative proceeding), or by other alternative dispute mechanisms
  • 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
  • WAC 390-37-155 Electronic filing brief enforcement hearing penalty schedule
  • WAC 39-37-160 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
  • WAC 390-37-182 Penalty factors
  • WAC 390-32-030 Complaint Publication - Fair campaign practices code - Alternative to investigation or adjudicative proceeding

Presenter - Lori Anderson

9:50 AM - VI. Report to Commission

Whatcom County Officials (Jack Louws, Executive; Bill Elfo, Sheriff; and David McEachran, Prosecutor), Case No. 1122 involving alleged violations of RCW 42.17A.555 by producing and disseminating an informational flyer that promoted Proposition 2015-1, a measure on the November 3, 2015 ballot concerning an increase in the sales and use tax to pay for the construction and operation of a new fail facility in Whatcom County.

Presenter - Phil Stutzman

10:50 AM - VII. Executive Session

Discussion of matters allowed in executive session pursuant to RCW 42.30.110, including but not limited to discussion of enforcement matters, pending and potential litigation with legal counsel, and review of performance of public employees. Possible action regarding pending litigation, or other matters properly discussed during executive session, will be taken following the executive session.

11:30 AM - Lunch
12:45 PM - VIII. Staff Reports
  • Executive Director
  • Chief Information Officer
  • Compliance and Enforcement
  • Customer Service

Presenters - Evelyn Fielding Lopez; James Gutholm; Susan Harris; Lori Anderson

1:45 PM - IX. 2016 Commission Meeting Schedule
2:00 PM - X. Farewell to Commissioner Ranade
2:30 PM - Adjourn

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

December 3, 2015, Volume 15 Issue No 9

Katrina Asay, Chair

Anne Levinson, Vice Chair

Amit Ranade, Member

Grant Degginger, Member

John Bridges, Member

 

Rule Making

The Commission adopted rules for alternative responses to non-compliance and amended rules establishing additional remedies and processes.  These are intended to provide more options for handling complaints and speedier resolution of complaints.  Additionally, the maximum penalty amount for single commissioner hearings was increased to $1,000 with adjustments to penalty schedules that are used for routine reporting violations.  Rules take effect January 4, 2016.

Enforcement Matters

Staff presented allegations made in 15 complaints that Whatcom County officials used public facilities to support a November 2015 ballot measure.  Staff reported that additional evidence substantiating the allegations had been received the previous day.  The Commission moved to schedule the matter for hearing.

Miscellaneous

The Commission adopted its 2016 meeting schedule.

Thank you, Commissioner Ranade, for five years of dedicated service.

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 January 28, 2016.

Meeting Minutes