Borrelli, Tamborine: Alleged Violation of RCW 42.17A.235 for failure to file timely and accurate C-3 and C-4 reports. (June 2018)

Case

#36977

Respondent

Tamborine Borrelli

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed by Tamborine Borrelli on June 19, 2018. The complaint alleged that Tamborine Borrelli, a first-time candidate seeking the office of State Senator in the 2nd Legislative District, may have violated RCW 42.17A.235 for failure to timely and accurately file Monetary Contribution reports (C-3 reports) and Summary Full Campaign Contribution and Expenditure reports (C-4 reports), disclosing contributions and expenditures undertaken by the Campaign.  

PDC staff reviewed the allegations, the statutes and rules, the initial and amended C-3 and C-4 reports filed by the Tamborine for Senate 2016 (Campaign), and the responses from Ms. Borrelli.  

Tamborine Borrelli completed a Statement of Understanding (SOU) and paid a $300 civil penalty in accordance with WAC 390-37-143 (Brief Enforcement Penalty Schedule),  acknowledging violations of RCW 42.17A.235 and RCW 42.17A.240 for: (1) failing to timely file the 21-Day Pre-Primary Election C-4 report and not properly itemizing expenditures during the 2016 election campaign; and (2) failing to timely file the 7-Day Pre-Primary Election C-4 report during the 2016 election.  

Based on our findings and the following facts,staff has determined that in this instance, the failure to timely and accurately file the contribution and expenditure reports does not amount to a material violation warranting further investigation since: (1) Tamborine Borrelli was a first-time candidate for public office in 2016; (2) The Campaign was inexperienced with the campaign finance reporting requirements; (3) The late filed C-3 reports represented less than five percent of total monetary and in-kind contributions received; and (4) Ms. Borrelli completed an SOU and paid a $300 civil penalty to resolve this matter  

Pursuant to WAC 390-37-060(1)(b), Tamborine Borrelli will receive a formal written warning concerning the failure to timely and accurately file the additional C-3 and C-4 reports identified in this letter. The formal written warning will include staff’s expectation that Tamborine Borrelli files timely and complete C-3 and C-4 reports in future years in accordance with PDC laws and rules. The Commission will consider the formal written warning in deciding on further Commission action if there are future violations of PDC laws or rules.

The PDC has closed the matter, and will not be conducting a more formal investigation into the complaint or pursuing further enforcement action in this case.

Disposition

Resolved through Statement of Understanding (SOU)

Date Opened

June 19, 2018

Areas of Law

RCW 42.17A.235

Documents

• 36977 Borrelli Tamborine Complaint.pdf
• 36977 Complaint Attach - TamBo - Exhibit A - Illegally late reported C3 and C4 reports.xlsx
• 36977 Borrelli Tamborine Response .pdf
• 36977 Borrelli Tamborine Statement of Understanding.pdf
• 36977 Borrelli Tamborine Formal Written Warning_1.pdf

Penalties