Sydney Hevenor, Daniel: Alleged violations of RCW 42.17A.205, .235, and .700 for failure to register and report contributions, expenditures, and financial affairs as a candidate (EY 19; June 19)

Case

#53400

Respondent

Daniel Sydney Hevenor

Complainant

Amanda Zimmerman, Mike Olson, and Bill Pate

Description

The Public Disclosure Commission (PDC) has completed its review of the complaints filed by Amanda Zimmerman, Keith Olson, and Bill Pate on June 20, June 21, and July 17, 2019. The complaints alleged that Daniel Sydney Hevenor may have violated RCW 42.17A.205 for failure to file a Candidate Registration (C-1 report) within two weeks of becoming a candidate; 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; and RCW 42.17A.700 for failure to file a Personal Financial Affairs Statement (F-1 report). 

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; and queried the Respondent’s data in the PDC contribution and expenditure database, to determine whether the record supports a finding of one or more violations.

Pursuant to the brief enforcement hearing (brief adjudicative proceeding) notice sent to Daniel Sydney Hevenor on August 6, 2019, A brief adjudicative proceeding was held on August 20, 2019, in Room 206, Evergreen Plaza Building, 711 Capitol Way, Olympia, Washington, to consider whether the Respondent violated RCW 42.17A.205 by failing to file a Candidate Registration (C-1 report) as a candidate for the 2019 election cycle, and RCW 42.17A.700 by failing to file a Personal Statement of Financial Affairs (F-1 report) as a candidate for the 2019 election cycle, disclosing campaign information and financial activities for the previous 12 calendar months. Both reports were due to be filed within two weeks of declaring candidacy, or not later than May 30, 2019,  

The hearing was held in accordance with Chapters 34.05 RCW and 42.17A RCW and Chapter 390-37 WAC.  Commission Vice-Chair David Ammons was the Presiding Officer.  The Commission staff was represented by Tabatha Blacksmith, Compliance Coordinator.  The Respondent did not participate in the hearing or submit any written materials. 

Having considered the evidence, the Presiding Officer finds as follows: 
 

CONCLUSIONS OF LAW

1. This matter was duly and properly convened and all jurisdictional, substantive, and procedural requirements have been satisfied.
2. The Respondent violated RCW 42.17A.205 and RCW 42.17A.700 by failing to file the C-1 and F-1 reports within two weeks of declaring candidacy or by May 30, 2019.

ORDER

1. IT IS HEREBY ORDERED that the Respondent is assessed a civil penalty of $500, in accordance with the C-1 and F-1 penalty schedule set forth in WAC 390-37-143, payable within 30 days of the date of the Order. 

WARNING

Based on our findings staff has determined that, in this instance, failure to report contributions and expenditures do a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), Daniel Sydney Hevenor will receive a formal written warning concerning your failure to report contributions and expenditures as required of a candidate running for public office. The formal written warning will include staff’s expectation that Daniel Sydney Hevenor timely 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 this matter in accordance with RCW 42.17A.755(1).

Disposition

Violation Found by Commission

Date Opened

June 20, 2019

Areas of Law

RCW 42.17A.205, RCW 42.17A.235, RCW 42.17A.700

Documents

• 53400 Sydney Hevenor Daniel Hearing Notice - August 20 Brief Enforcement Hearing.pdf
• 53400 Sydney Hevenor Daniel Initial Order and Warning Letter.pdf
• 53400 Sydney Hevenor Daniel Complaint (Olson).pdf
• 53400 Sydney Hevenor Daniel Complaint.pdf
• Complaint Attachment - Candidates Who Have Filed WEB_201906171059351414 (2) (1).xlsx
• 53400 Sydney Hevenor Daniel Complaint (Pate).pdf

Penalties