Support Ferndale Schools PAC: Alleged violation of RCW 42.17A.220 for accepting over limit anonymous donations (MAR'23 EY22)

Case

#122206

Respondent

Support Ferndale Schools PAC

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on March 6, 2023. The complaint alleged that Support Ferndale Schools PAC, a political committee registered with the PDC to support Ferndale School District 502 School Program & Operations Replacement Levy (Proposition 2022-1) for the February 8, 2022, special election, may have violated RCW 42.17A.220

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the response provided by Treasurer Holly Graham on behalf of the Respondent; the applicable PDC reports filed by the Respondent; queried the Respondent’s data in the PDC contribution and expenditure database; and other relevant information, to determine whether the record supports a finding of one or more violations.

It appears that the receipt of the anonymous funds in excess of the $300 limit was unintentional and not done to purposely conceal the source of contributions from the public. In addition, the Committee’s action to escheat the excess funds is a mitigating factor in this case.

Based on our findings staff has determined that, in this instance, the receipt of $130 of anonymous funds in excess of the $300 permissible limit does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Support Ferndale Schools PAC will receive a formal written warning concerning the receipt of anonymous funds in excess of the $300 limit per RCW 42.17A.220(4). The formal written warning will include staff’s expectation that the Committee comply with anonymous contribution limits 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.

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

March 08, 2023

Areas of Law

RCW 42.17A.220

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