Theo Leonard: Alleged Violation of RCW 42.17A.700 for failure to timely file annually required Personal Financial Affairs Statement (F-1 report) for CY2021 (GE22)

Case

#110572

Respondent

Theo Leonard

Complainant

PDC Staff

Description

Allegation: Violation of RCW 42.17A.700 for failure to timely file annually required Personal Financial Affairs Statement (F-1 report) for CY2021

Through its Group Enforcement process for individuals required to file an annual Personal Financial Affairs Statement (F-1), PDC staff identified Theo Leonard as an individual required to file the F-1 for 2021 by April 15, 2022. Mr. Leonard rejected staff’s offer to settle the alleged violation by filing the missing report and paying a $100 penalty. Mr. Leonard also disputed that he was appointed to the position of Kittitas County Parks & Recreation District No. 1 (KPRD) Commissioner. Staff investigated and found:

On or about April 28, 2021, Theo Leonard was appointed as a commissioner with Kittitas County Parks and Recreation District No. 1. The appointment occurred at a KPRD meeting held on or about April 28, 2021. During this meeting, both Theo Leonard and Keegan Fengler were told by Commissioners of the District they had been appointed to serve as Commissioners of Kittitas County Parks and Recreation District No. 1. Although Mr. Leonard later resigned, Keegan Fengler continues to serve as a Commissioner of the District.
On or about May 26, 2021, Theo Leonard signed an oath of office affirming “I will . . .to the best of my judgment, skill and ability, truly, faithfully, diligently and impartially perform the duties of the office of Commissioner in and for Kittitas County, Parks and Rec District No. 1, Washington, as such duties are prescribed by law.” This oath was filed with the Kittitas County Auditor on or about June 7, 2021.
Between April and June 2021, Theo Leonard engaged in Commission business, attended Commission meetings, was issued and utilized an official KPRD email address, and included his official title/position in the signature line of his emails. On April 29, 2021, Mr. Leonard participated in KPRD business by sending emails from his official email address concerning the Towns to Teanaway project. On May 27, 2021, Mr. Leonard participated in KPRD business by sending emails from his official email address concerning the Roslyn Ridge Agreement. On June 30, 2021, Theo Leonard actively participated in a KPRD meeting.
On or about September 22, 2021, Theo Leonard formally resigned his position at an official commission meeting via Zoom.
Theo Leonard’s F-1 report was due to be filed with the PDC no later than April 15, 2022, disclosing personal financial information for the period January 1, 2021 through the date of Mr. Leonard’s resignation on or about September 22, 2021.

Mr. Leonard denied the facts set forth by Commission staff, and the matter was set for an enforcement hearing before the full commission on October 27, 2022. At the conclusion of the hearing, the Commission found Mr. Leonard in violation of RCW 42.17A.700 and assessed a civil penalty of $600 with $500 suspended on the condition Mr. Leonard files the F-1 report and pays the non-suspended portion of the penalty within 30 days of the date of the Final Order and commits no further violations of RCW 42.17A or WAC 390 within four years of the date of the Final Order.

Disposition

Violation Found by Commission

Date Opened

July 18, 2022

Areas of Law

RCW 42.17A.700

Documents

Penalties

Total penalties: $600

Balance Due: $0

Theo M. Leonard

Penalty

$600 (Failure to file annual Personal Financial Affairs Statement (F-1))

Suspended

$500 (File F-1 and pay non-suspended portion of penalty ($100.00) within 30 days of date of Final Order and commit no further violations within four years of date of Final Order.)

Reinstated

$500

Payments

$600 on 12/01/2022 (PAID)