Central Valley Citizens for Education PAC: Alleged violations of RCW 42.17A.235 and .240 for failure to timely and accurately file contribution and expenditure reports (AUG'23, EY'18-EY'22)

Case

#141457

Respondent

Central Valley Citizens for Education PAC

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on August 17, 2023. The complaint alleged that Central Valley Citizens for Education PAC, a committee registered with the PDC during the February 13, 2018, and February 11, 2020, special elections and the November 2, 2021, general election, may have violated: (1) RCW 42.17A.235 & .240 for failure to timely file Monetary Contribution reports (C-3 reports) and Summary Full Campaign Contribution and Expenditure reports (C-4 reports) and; (2) RCW 42.17A.235 & .240 & WAC 390-16-037 for failure to include the required description for political advertising expenditures.

PDC staff reviewed the allegations and supporting documentation; the applicable statutes, rules, and reporting requirements; the response provided by Treasurer Jan Hutton 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 although the Respondent did submit some late campaign activity for the special election in February 2020 and general election in November 2021, and omitted the required details for a small number of political advertising expenditures, due, in part, to a loss of ORCA data and a general lack of knowledge by the treasurer on the use of the ORCA filing system. Staff found no evidence that the late and inaccurate reporting was done intentionally to conceal campaign activity from the public.

Based on our findings staff has determined that, in this instance, failure to timely and accurately file a small number of C-3 and C-4 reports for elections in 2018, 2020, and 2021 by the Respondent does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Central Valley Citizens for Education PAC will receive a formal written warning concerning failure to timely and accurately disclose contributions and expenditures for elections in 2018, 2020 and 2021. The formal written warning will include staff’s expectation that CVCE 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 25, 2023

Areas of Law

RCW 42.17A.235, RCW 42.17A.240, WAC 390-16-037