Burnett, Brian: Alleged Violations of RCW 42.17A.235, .240, and .320 for failure to disclose expenditures or in-kind contributions on reports; and failure to include full sponsor ID on political advertising (EY22, Sept22)

Case

#112076

Respondent

Brian Burnett

Complainant

Shelley English

Description

• Allegation One: Violations of RCW 42.17A.235, .240 for failure to disclose expenditures or in-kind contributions on reports
• Allegation Two: Violations of RCW 42.17A.320 for failure to include full sponsor ID on political advertising
• The complaint alleged the Brian Burnett campaign for Chelan County Sheriff may have violated RCW 42.17A.235 and .240 by failing to report an expenditure, or the receipt of an in-kind contribution, for the value of a four-episode candid video series promoting the re-election of Sheriff Burnett.  In addition, PDC staff noticed Episode 3 of the candid video series did not include sponsor identification and the website and video series did not include the party preference of Sheriff Burnett as expressed on the candidate’s declaration of candidacy, an alleged violation of RCW 42.17A.320.
• The Burnett campaign reported an 8/5/2022, $7,000 expenditure to Killing Robots for the cost of the four-part candid video series, on its post-primary C-4 report of contributions and expenditures.  The C-4 report covered the period 7/26/2022 to 8/31/2022 and was timely filed on 9/12/2022.
• When reviewing the four-part candid video series, staff noticed Episodes 1, 2, and 4 included sponsor identification, but Episode 3 did not include sponsor identification. Drew Zabrocki, Campaign Manager for Brian Burnett, said he was not sure why sponsor identification was left off Episode 3 and said he had already contacted the producer of the video series requesting an updated version with sponsor identification as soon as possible. On 9/27/2022, Mr. Zabrocki confirmed the campaign website had been updated to include the party preference designation on the footer of every page.  He said all recent publications included the party preference designation and all older publications would be reviewed and updated as needed.  Mr. Zabrocki confirmed all videos include the party preference designation.
• The PDC dismissed this matter in accordance with RCW 42.17A.755(1) and will not be conducting a more formal investigation into these allegations or taking further enforcement action in this matter. However, pursuant to WAC 390-37-060(1)(d), the PDC issued a formal warning concerning the Respondent’s failure to include sponsor identification and party preference on all political advertising.  Staff expects the Respondent to include sponsor identification and party preference on all future advertising if he becomes a candidate in the future.  The Commission will consider the formal written warning in deciding on further Commission action if there are future violations of PDC laws or rules.

Disposition

Case Closed with Written Warning

Date Opened

September 07, 2022

Areas of Law

RCW 42.17A.235, RCW 42.17A.240, RCW 42.17A.320

Documents

• 112076 Combined Case Closure Letters.pdf
• 112076 Burnett Brian Complaint.pdf
• 112076 Response to Complaint.pdf