Gregerson, Mia (4): Alleged violations of RCW 42.17A.235 and .240 for failure to timely and accurately report transfers of funds and expenditures from surplus funds (EY 19; Oct 19)

Case

#59569

Respondent

Mia Gregerson

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review two complaints filed by Glen Morgan, PDC Case #59019 filed October 21, 2019 & Case #59569 filed on October 31, 2019. The complaints alleged that Mia Gregerson, a Representative in Legislative District 33 may have violated: (1)RCW 42.17A.240 for failure to timely and accurately file Summary Full Campaign Contribution and Expenditure reports (C-4 reports) disclosing expenditures made to political consultant, John Wyble, or WinPower Strategies; (2) RCW 42.17A.430 for misuse of surplus funds; (3) RCW 42.17A.490 for improper transfer of funds received for a 2011 City of SeaTac campaign to a 2014 State Representative campaign; (4) RCW 42.17A.235, .240 & WAC 390-16-037 for failure to timely and accurately describe expenditures on C-4 reports; and (5) RCW 42.17A.240 for failure to timely and accurately file C-4 reports disclosing surplus funds.

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the response provided by Rep. Gregerson; 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.

The two complaints included six separate allegations in total with some overlapping evidence provided between them. During staff’s review, evidence was found to substantiate two of the allegations in whole and one in part. Rep. Gregerson’s response confirmed that she believed she had improperly used surplus funds in one instance in March 2017 as described in Allegation 2 and she suggested an appropriate remedy. The three expenditure descriptions included in Allegation 4 required edits after the complaint was received, and the receipt of the $10,000 transfer to the Gregerson Surplus Funds Account was disclosed late as described in Allegation 5.

Rep. Gregerson has been a candidate and elected or appointed official since 2007. She promptly responded to the complaints, submitted amendments and provided details regarding missing or otherwise deficient information.  It appears that the errors made related to her Surplus Funds Account and the insufficient descriptions provided in her 2016 campaign, were not done to mislead the public or prevent transparency. Rep. Gregerson has not been found in violation of RCW 42.17A within the past five years.

Based on our findings staff has determined that, in this instance, failure to include accurate descriptions for three expenditures in a 2016 campaign, failure to timely file receipt of a transfer into the Gregerson Surplus Funds Account, and a misuse of surplus funds that required reimbursement to correct, does not amount to a finding of a violation that warrants further investigation.

PDC staff is reminding Rep. Gregerson about the importance of including detailed descriptions for all expenditures disclosed on C-4 reports, the timely disclosure of all contribution and expenditure activities related to the Surplus Funds Account, and to review all expenditures of surplus funds to ensure they are permissible in accordance with the statutes and 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 Reminder

Date Opened

November 01, 2019

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 59569 Gregerson Mia - Response.pdf
• 59569 Gregerson Mia Complaint.pdf
• 59569 Gregerson Mia Reminder Letter.pdf