Kennewick Citizens Levy and Bond Committee: Alleged violations of RCW 42.17A.235 and .240 for failure to timely & accurately disclose contributions & expenditures and required expenditure details on reports. (EY'18-'23; Aug ‘23)

Case

#141620

Respondent

Kennewick Citizens Levy and Bond Committee

Complainant

Glen Morgan

Description

This case alleged violations of RCW 42.17A.235 and .240 for failure to timely & accurately disclose contributions & expenditures on reports for election years 2018-2023, including required expenditure details on reports. 

PDC staff reviewed the allegations and evidence submitted; the applicable statutes, rules, and reporting requirements; the response(s) provided by Kennewick Citizens Levy & Bond Committee (the “Respondent”); the applicable PDC reports filed by the Respondent; and other relevant information to determine whether the record supports a finding of one or more violations.

Based on the attached findings, this case was resolved as follows:

On May 28, 2024, Kennewick Citizens Levy & Bond Committee completed a Statement of Understanding (SOU) and paid a $150 civil penalty in accordance with WAC 390-37-143 (Brief Enforcement Penalty Schedule), acknowledging a violation of RCW 42.17A.235 and RCW 42.17A.240 by failing to timely and accurately file a 7-day pre-Special Election C-4 report (covering 1/18/22-1/31/22). The original report was due on February 1, 2022, filed 10 days late, and did not disclose any expenditures. The committee amended the C-4 report on June 6, 2022 to disclose over $9,500 in election-related (levy) expenditures. These expenditures were reported 125 days late, after the February 8, 2022 Special Election to which they relate, and deprived the public of information during a time-sensitive period in the election cycle. The $150 civil penalty assessed resolves the above allegation.

Furthermore, pursuant to WAC 390-37-060(1)(d), Kennewick Citizens Levy & Bond Committee received a formal written warning concerning their failure to 1) timely and accurately file C-3 and C-4 reports disclosing their contributions and expenditures; and 2) preserve the committee’s books of account, bills, receipts, and other financial records for no less than five calendar years. The formal written warning included staff’s expectation that Kennewick Citizens Levy & Bond Committee comply with the above requirements 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.

PDC staff also reminded Kennewick Citizens Levy & Bond Committee about the importance of 1) disclosing sufficient details on C-4 reports regarding the purpose and/or description of expenditures; and 2) submitting amended reports within 21 days of the original reports, when possible, in the future in accordance with PDC laws and rules or guidance.

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

Resolved through Statement of Understanding

Date Opened

August 30, 2023

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 141620 Kennewick Citizens Levy & Bond Committee Response.pdf
• 141620 Kennewick Citizens Levy & Bond Committee Complaint.pdf
• 141620 Kennewick Citz Levy & Bond Comm Initial Hearing Results (Complainant).pdf
• PDC Response 141620 Resorted Late Reporting 9.11.2023.xlsx
• 141620 Kennewick Citz Levy & Bond Comm Initial Hearing Results (Respondent).pdf
• 141620 Kennewick Citz Levy & Bond Committee SOU_Warning letter.pdf
• SOU - 141620 - Kennewick Citizens Levy & Bond Committee.pdf

Penalties