Eckel, Ashley: Alleged Violation of RCW 42.17A.710 for failure to accurately disclose information on the Personal Financial Affairs Statement (F-1 report) (EY23, Oct23)

Case

#143109

Respondent

Ashley Eckel

Complainant

Scott Moore

Description

On October 4, 2023, the Public Disclosure Commission (PDC) received a complaint alleging that Ashley Eckel, a candidate for City Council Member (Position 2) for City of Clyde Hill, may have violated RCW 42.176A.710 by failing to timely and accurately disclose real property debts, including the terms of repayment of debt disclosed, and ownership interest/rental income in real property listed on the Personal Financial Affairs Statement (F-1) report. 

To determine whether a formal investigation or enforcement action is warranted, PDC staff reviewed the allegations listed in the complaint; the applicable statute(s), rule(s), and reporting requirements; the F-1 report filed by Ashley Eckel; and the October 12, 2023, response to the complaint submitted by Ashley Eckel (Respondent) on behalf of her 2023 Campaign. 

Based on staff’s review, we found the following:

On May 19, 2023, the Respondent filed a Personal Financial Affairs Statement (F-1) report for 2023, covering the period beginning May 9, 2022, through May 8, 2023. The F-1 report was amended once thereafter. • You alleged in your complaint that the Respondent failed to accurately report ownership interest in real property, including the debt and rental income attached to said real property.

In her responses to the complaint, received on October 12, 2023, the Respondent stated: “Mr. Moore implies that I intentionally did not report co-ownership of my home with my parents, Cynthia and Louis Pandolfi. Indeed, my husband and I share joint ownership of 3216 93rd PL NE Clyde Hill 98004 with Cynthia and Louis Pandolfi. I spoke with the Public Disclosure Commission on at least 2 occasions (see T-Mobile documentation, Eckel – Exhibit A) in May of 2023. On 5/18/2023, prior to submission, I confirmed with both the initial staff member answering the phone as well as a second senior/expert staff member at the PDC that there was no way in the PDC website to list four owners of the home. The PDC staff instructed me to put the first two owners. I have now confirmed, again, on October 10 2023 that there is still no way in the PDC website to list four owners. If the PDC can fix their website, I am very happy to supply the list of four owners, as I was when I originally filled out the form.”

Regarding the allegation about the failure to disclose the mortgage rate on the Bothell property listed on the F-1 report, the Respondent, in her response, stated: “My. [sic] Moore implies that I intentionally listed an incorrect mortgage rate for the Bothell property. My mortgage rate on the above property is 2.25%. When we initially recorded the loan document, my mother, who prepared the document for us, forgot to fill in the interest rate for the loan, leaving it at the template 0.00. My father informed me shortly after that IRS code requires a minimum interest rate, so we needed to amend this. We had multiple communications about this, and he sent my husband and I a formal letter confirming that the interest rate would be 2.25%.” Additionally, regarding the Bothell property, the Respondent further noted that – “I do not receive any income from the Bothell property. All the income and expenses, including depreciation for the property, are included in my [parent’s] tax returns. Frank and I do not take any income from this property. I am happy to supply all accounting records for the property, as well as bank statements, if necessary.”

RCW 42.17A.710 requires a candidate to disclose for “the reporting individual and each member of the reporting individual’s immediate family… (a) list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation of which exceeds ten thousand dollars in which a direct financial interest was held.”

RCW 42.17A.005 defines “immediate family” to include “the spouse or domestic partner, dependent children, and other dependent relatives, if living in the household.” 

The candidate’s F-1 reported ownership of real property for her and her spouse, as required. It also disclosed the assessed value of the property in the ranges prescribed in RCW 42.17A.710(3)(b).

Based on these findings, staff determined that no evidence of a violation existed to warrant further investigation. 

Accordingly, PDC staff found that no further action was warranted and dismissed the complaint in accordance with RCW 42.17A.755(1)(a).   

Disposition

Case Closed with No Evidence of Violations

Date Opened

October 09, 2023

Areas of Law

RCW 42.17A.710

Documents

• 143109 Eckel, Ashley Complaint Response.pdf
• 143109 Eckle Ashley Complaint.pdf
• 143109 Eckel, Ashley Complaint Disposition Letter.pdf