SAFE SCHOOLS SAFE COMMUNITIES - 2019: Alleged Violations of RCW 42.17A.235 & .240 for failure to timely & accurately disclose contributions & expenditures on reports (EY19, Aug23)

Case

#141108

Respondent

Safe Schools Safe Communities PAC

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on July 31, 2023. The complaint alleged that Safe Schools Safe Communities, a continuing political action committee registered with the PDC during calendar year 2019, may have violated RCW 42.17A.235 & .240: (1) for failure to accurately identify occupation & employer information for individual contributors; (2) for failure to accurately disclose campaign debt; and (3) for failure to disclose in-kind contributions on Monetary Contribution reports (C-3 reports) and Summary Full Campaign Contribution and Expenditure reports (C-4 reports).

PDC staff reviewed the allegations and supporting documentation; the applicable statutes, rules, and reporting requirements; the response provided by Ministerial Treasurer, Jay Petterson, on behalf of the Respondent; the applicable PDC reports filed by the Respondent; and 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 although SSSC did fail to include the required occupation and employer information for a small number of individual donors giving more than $100 in the aggregate, the committee made reasonable attempts to obtain this information. All eight of the contributions were received more than five years ago rendering them outside of the statute of limitations for enforcement action.

During its investigation, staff noted that most of the debts still owed on the June 2019 C-4 report were now beyond the statute of limitation, but there were five that were not. Of those five, staff found that the descriptions were lacking in detail in some instances, specifically the November 1 and 30, 2018, entries for vendor Alliance for Gun Responsibility with the description “expense reimbursement” without identifying any information about the original expense. Although the description is deficient, due to the amount of time passed since this activity, the limitations of ORCA as previously described and the nominal impact on the public today, staff did not request SSSC to amend these entries as part of the resolution of this matter. 

Staff found no evidence that the $246,429.29 in reported debt was required to be reallocated as in-kind contributions solely based on the amount of time the debt has been outstanding. In regard to the lack of the detailed disclosure of debt and in-kind contributions as recommended on the PDC website, staff recognizes that this is guidance meant to foster transparency and not strictly required by law. Regarding allegations one and three, staff found no evidence that the omissions of occupation and employer information and the lack of detailed description for vendors were done intentionally to mislead the public.

Based on our findings staff has determined that, in this instance, failure to accurately disclose descriptions for vendor debts in a few instances, does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Safe Schools Safe Communities will receive a formal written warning concerning failure to disclose detailed descriptions for vendor debts. The formal written warning will include staff’s expectation that SSSC timely and accurately files all future required reports of contributions and expenditures. 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 all allegations in this matter in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with Written Warning

Date Opened

August 15, 2023

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 141108 Safe Schools Safe Communities PAC Complaint.pdf
• 141108 Safe Schools Safe Communities PAC Response.pdf
• 141108 Safe Schools Safe Communities Warning - Respondent.pdf