Citizens for Lopez Solid Waste Levy: Alleged violations of RCW 42.17A.205(5) & .240(11) & WAC 390-16-011A by failing to include sponsor name in registered committee name on reports during election years 2016 & 2019. (Oct '19)

Case

#59315

Respondent

Citizens for Lopez Solid Waste Levy

Complainant

Glen Morgan

Description

The PDC received a complaint alleging that Citizens for Lopez Solid Waste Levy (the “Respondent”) may have violated RCW 42.17A.205(5) and .240(11) by failing to include its sponsor’s name in the registered committee’s name on C-1PC and C-3 reports filed during election years 2016 and 2019. PDC staff reviewed the allegations; the applicable statutes, rules and reporting requirements; and the applicable PDC reports filed by the Respondent to determine whether they support a finding of one or more violations.

Staff’s review found the following:

RCW 42.17A.205(5) and WAC 390-16-011A(1) require a sponsored committee to include the name of its sponsor “in the committee’s name” on the C-1PC (Committee Registration) form it files with the PDC. RCW 42.17A.005(46)(b)(i) defines a “sponsor” to include a source from which a committee receives 80% or more of its contributions. Contributions received in the previous twelve months should be considered to determine whether a contributor meets the definition of a committee sponsor.

The Respondent reported receiving $1,900 in contributions from Solid Waste Alternative Program (SWAP) during 2016, which represented 100% of the contributions received by the Respondent during the preceding twelve months. The Respondent also reported receiving $3,000 in contributions from SWAP in 2019, which represented 100% of the contributions received by the Respondent during the preceding twelve months.

SWAP’s name was omitted from the committee name the Respondent reported on its C-1PC reports for election years 2016 and 2019.

After being notified of the complaint, the Respondent made a good-faith effort to comply by amending its C-1PC reports for election years 2016 and 2019 within five days. On these amended reports, the committee’s name was changed to “Citizens for Lopez Solid Waste Levy sponsored by Solid Waste Alternative(s) Program (SWAP).”

PDC laws and rules do not require a committee to retroactively amend its C-3 reports to reflect a registered name change.

Based on these findings, staff determined that, in this instance, failure to include the sponsor’s name in the committee’s registered name does not amount to a violation that warrants further investigation. PDC staff reminded the Respondent about the importance of including its sponsor in the committee name, when required.

The Respondent made minor or ministerial errors on required reports, which did not materially impact the public interest. Upon notification of these errors, the Respondent timely amended their reports, making the necessary technical corrections requested by PDC staff. 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 Reminder

Date Opened

October 28, 2019

Areas of Law

RCW 42.17A.205, RCW 42.17A.240, WAC 390-16-011