City of Normandy Park Officials: Alleged Violations of RCW 42.17A.555 for using public facilities to support a ballot proposition (EY22, July22)

Case

#110946

Respondent

City of Normandy Park Officials

Complainant

David Miller

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on July 14, 2022. The complaint alleged that the officials of the City of Normandy Park (the City), may have violated RCW 42.17A.555 for use of public resources to support the passage of Proposition No. 1 (Prop. 1), a Civic Center Capital Improvements General Obligation Bond appearing on the August 2, 2022 Primary Election.

PDC staff reviewed the allegations; the applicable statutes and rules; PDC Interpretation No. 04-02; and the response provided by City Manager Amy Arrington, to determine whether the record supports a finding of one or more violations.

It appears that the written materials provided by the City regarding Prop. 1 were limited to factual information. However, the inclusion of a direct message for voters to approve the passage of Prop. 1 on the August 2, 2022 Primary Election ballot during the City’s “Wrap Up” constituted direct advocacy for a ballot measure.

Based on our findings staff has determined that, in this instance, inclusion of non-factual language encouraging voters to approve the August 2, 2022 bond does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, City of Normandy Park Officials will receive a formal written warning concerning the inclusion of non-factual language encouraging voters to approve a bond. The formal written warning will include staff’s expectation that the City closely review the written and verbal content of materials and communication regarding bonds or levies to ensure that they are fact-based in accordance with RCW 42.17A.555 and PDC Interpretation No. 04-02. The Commission will consider the formal written warning in deciding on further Commission action if there are future violations of PDC laws or rules.

Based on this information, the PDC finds that no further action is warranted and has dismissed this matter in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with Written Warning

Date Opened

July 25, 2022

Areas of Law

RCW 42.17A.555