Wilkerson, Betsy: Alleged violations of RCW 42.17A.235, .240, .405 & .710 for failure to timely & accurately file campaign reports & report business associations on Personal Financial Affairs Statements (F-1) & for accepting over limit contributions

Case

#137290

Respondent

Betsy Wilkerson

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review of the complaints filed on May 16 & 26, 2023. The complaint alleged that Betsy Wilkerson, a current Spokane City Councilmember and candidate for Spokane City Council President in the 2023 election, may have violated: (1) RCW 42.17A.235 for failure to timely file Monetary Contribution reports (C-3 reports) and Summary Full Campaign Contribution and Expenditure reports (C-4 reports); (2) RCW 42.17A.240 for failure to file accurate C-3 and C-4 reports; (3) RCW 42.17A.405 for accepting an overlimit contribution; and (4) RCW 42.17A.710 for failure to disclose business associations on the Personal Financial Affairs Statement (F-1 report).

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the response provided by former Campaign Manager & Treasurer, Riley Smith and Ministerial Treasurer, Andy Taylor on behalf of the Respondent; the applicable PDC reports filed by the Respondent; 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 inaccurate reporting and late amendments were due in part to the lack of knowledge by the Respondent’s 2021 treasurer and general misunderstanding of the reporting requirements for expenditure descriptions and content F-1 reports. Although one F-1 report and a small number of C-3 and C-4 reports required corrections, staff found no evidence that the omissions or late reporting was done intentionally to conceal activity from the public.

Based on our findings staff has determined that, in this instance, failure to timely and accurately file C-3 and C-4 reports for the 2021 and 2023 Wilkerson Campaign and failure to file an accurate F-1 report covering calendar year 2022, does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Betsy Wilkerson will receive a formal written warning concerning failure to timely and accurately disclose contributions and expenditures for her 2021 and 2023 Campaigns and failure to include a business association on the F-1 report covering calendar year 2022. The formal written warning will include staff’s expectation that Ms. Wilkerson timely and accurately files all future required reports of contributions and expenditures and timely and accurately file all future personal financial information. 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

May 25, 2023

Areas of Law

RCW 42.17A.235, RCW 42.17A.240, RCW 42.17A.405, RCW 42.17A.710

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