Devereaux, Radona: Alleged violations of RCW 42.17A.235 and .700 for failure to timely report contributions, expenditures, and financial affairs (EY 19; July 19)

Case

#54751

Respondent

Radona Devereaux

Complainant

Michele Levenite

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed by Michele Levenite on July 9, 2019. The complaint alleged that Radona (Liz) Devereaux (Respondent) 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; and RCW 42.17A.700 for failure to time file a Personal Financial Affairs Statement (F-1 report), certifying financial activities for twelve calendar months prior to becoming a candidate.

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the applicable PDC reports filed by the Respondent; 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 Radona (Liz) Devereaux 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.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. The F-1 report was due to be filed within two weeks of declaring candidacy, or not later than May 27, 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

This matter was duly and properly convened and all jurisdictional, substantive, and procedural requirements have been satisfied.
The Respondent violated RCW 42.17A.700 by failing to file the F-1 report within two weeks of declaring candidacy, or not later than May 27, 2019.

ORDER

IT IS HEREBY ORDERED that the Respondent is assessed a civil penalty of $250, in accordance with the F-1 penalty schedule set forth in WAC 390-37-143, payable within 30 days of the date of the Order.

In the event the Respondent fails to pay the $250 civil penalty within 30 days of the date of the Order, PDC staff is directed to refer the matter to the Department of Enterprise Services (DES) for collection of the amount owed.

WARNING

Based on our findings staff has determined that, in this instance, failure to report contributions and expenditures does not amount to a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), Radona (Liz) Devereaux will receive a formal written warning concerning your failure to report contributions and expenditures as required of a candidate running for election to public office. The formal written warning will include staff’s expectation that Radona (Liz) Devereaux 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

July 16, 2019

Areas of Law

RCW 42.17A.235, RCW 42.17A.700

Documents

Penalties

Total penalties: $250

Balance Due: $250

Radona (Liz) Devereaux

Penalty

$250 (Violation of RCW 42.17A.700 - Sent to Collections 1/2020)