Washington Association of Nurse Anesthetists PAC (WANA PAC): Alleged violations of RCW 42.17A.220 for accepting and retaining over-limit anonymous contributions (EY 19; Jul 19)

Case

#54840

Respondent

Washington Association of Nurse Anesthetists PAC (WANA PAC)

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on July 17, 2019. Your complaint alleged that Washington Association of Nurse Anesthetists PAC (“WANA PAC” or “Respondent”), a Continuing Political Committee, may have violated RCW 42.17A.220(4) for accepting over limit anonymous contributions during calendar year 2016, 2017, 2018 and 2019.

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the response(s) provided by Joanna Starratt, Treasurer; the applicable PDC reports filed by 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.

It appears that WANA PAC held a small number of fundraising events each calendar year from 2016 to 2019 and that the committee treasurer, other officers and volunteers involved in planning the events and recording receipt of the proceeds, misunderstood the distinction between proceeds from a qualifying low-cost fundraiser described in RCW 42.17A.230 and unidentified or “anonymous” contributions and their restrictions described in RCW 42.17A.220.

In addition, WANA PAC has no previous violations of RCW 42.17A and has stated its intent to change the committee’s fundraising activities in order to ensure compliance in the future.

Based on these findings staff has determined that, in this instance, failure to accurately identify proceeds from low-cost fundraisers separate from contributions received from anonymous sources, and based on the committee escheating all funds that could not be identified as required by RCW 42.17A, does not amount to a finding of a violation warranting further investigation.

Pursuant to WAC 390-37-060(1)(d), WANA PAC will receive a formal written warning concerning the statutory restrictions on the receipt of funds from unidentified sources and the importance of the accurate disclosure of all contribution received, specifically funds that are not itemized including anonymous funds, small contributions of $25 or less and proceeds from low-cost fundraisers. The formal written warning will include staff’s expectation that WANA PAC track all small donations in a manner that will ensure accurate and timely disclosure for 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

Case Closed with Written Warning

Date Opened

July 17, 2019

Areas of Law

RCW 42.17A.220