Wa State BPW (Business & Professional Women) PAC: Alleged Violations of RCW 42.17A.235 & .240 for failure to timely & accurately disclose the source of contributions, expenditures & carry forward on reports (EY2018-2023, AUG'23)

Case

#141746

Respondent

Washington State Professional Business Woman PAC

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on August 25, 2023. The complaint alleged that Washington State BPW (Business & Professional Women) PAC (BPW PAC), a committee registered with the PDC during calendar years 2018, 2019, 2020, 2021, 2022 & 2023, may have violated 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), including an accurate carry forward amount from one calendar year to the next and accurate disclosure of the source of a contribution.

PDC staff reviewed the allegations and supporting documentation; the applicable statutes, rules, and reporting requirements; the response provided by attorney and member of BPW PAC Nancy L. Sorensen 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 BPW PAC failed to submit a new committee registration each year to select the “Mini Reporting” option, and was, therefore, required to file under the “Full Reporting” option, the committee did not accept more than $500 in the aggregate from one source nor exceeded the contribution and expenditure limit of no more than $5,000. The treasurer worked with PDC Filer Assistance staff to complete reports disclosing campaign activity as required under the “Full Reporting” option, including activity from 2018, most of which is beyond the statute of limitations for enforcement action.

Based on our findings staff has determined that, in this instance, failure to timely and accurately file campaign reports dating back from calendar year 2018 forward due, in large part, to a failure to re-register under the “Mini Reporting” option regardless of being eligible for mini reporting, does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, the Respondent will receive a formal written warning concerning failure to timely and accurately file reports disclosing campaign activity, specifically including a correct carry forward balance, and a failure properly to identify the source of contributions. The formal written warning will include staff’s expectation that Washington State BPW (Business & Professional Women) PAC either timely and accurately files all future required reports of contributions and expenditures or registers under and adheres to “Mini Reporting” restrictions at the start of each calendar year. 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

September 01, 2023

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 141746 Wa State BPW (Business & Professional Women) PAC Response.pdf
• 141746 Wa State BPW (Business _ Professional Women) PAC Warning - Respondent.pdf
• 141746 Washington State Professional Business Woman PAC Complaint.pdf