McGowan, Ed: Alleged violation of RCW 42.17A.555 by using public office/agency facilities (official email) to assist an election campaign. (EY '22; Nov '22)

Case

#120589

Respondent

Ed McGowan

Complainant

Michael Catlett

Description

This case alleged a violation of RCW 42.17A.555 by using public office/agency facilities (official email) to assist an election campaign. Specifically, the complaint alleged that Ed McGowan, used official work email to express support or endorsement for candidate Darrin Wallace.

PDC staff reviewed the allegations and evidence submitted; the applicable statutes, rules, and reporting requirements; the response provided on behalf of the Respondent; and other relevant information to determine whether the record supports a finding of one or more violations.

Based on the attached findings, staff has determined that, in this instance, the use of official work email for the purpose of communicating with Grays Harbor Deputy Sheriffs Association (GHDSA) members regarding union matters does not amount to a violation that warrants further investigation.

However, PDC staff reminded Ed McGowan about the importance of not using public office/agency resources (facilities) to assist a campaign for election. PDC staff urges GHDSA officers to be careful when communicating union business regarding candidate endorsements and campaign contributions using county email. While the use of county email by union representatives is permitted under certain conditions in accordance with a collective bargaining agreement, caution is recommended to ensure compliance with RCW 42.17A.555. PDC staff expects that, in the future, messages regarding union, guild or association business sent via the county email system that references a candidate or ballot proposition will be distributed in a manner that does not support or oppose any candidate or ballot proposition.

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 Reminder

Date Opened

January 26, 2023

Areas of Law

RCW 42.17A.555

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