New Officers

Commissioner Jim Clements, R-Selah, was elected Chair of the Public Disclosure Commission effective July 1.  Clements was appointed to the Commission by Governor Christine Gregoire on January 9, 2008.  He is a retired high school principal and teacher as well as a long-time orchardist.  Before his appointment to the Commission, Clements represented the 14^th Legislative District as a State Senator and Representative.   

Commissioner Dave Seabrook, D-Battle Ground, is the newly elected vice-chairman.  He has been a member of the Commission since May 22, 2007.  A paramedic, Seabrook holds the rank of Captain in the Vancouver Fire Department. 

Rule Making

 WAC 390-24-010 Forms for statement of financial affairs was amended following a public hearing.  The change incorporates reporting of stock options on PDC Form F-1.

The Commission continued its discussion of standardizing the complaint process, including citizen action letters received from the Attorney General, and potentially adopting a standard complaint form.  No decision was reached. 

Proposed language amending WAC 390-28-100, Reporting modifications – Possible qualifications was approved.  The Commission will hold a public hearing on this rule at a future meeting.

Advisory Matters

The Commission reviewed SSB 5042 First time paperwork violations by small businesses and whether it applies to PDC enforcement actions.  The Commission concluded that civil penalties should not be waived for first time paperwork violations of RCW 42.17 by small businesses and that the “serious harm to the public interest” exception in SSB 5042 is applicable.  Staff will prepare a draft interpretation for the Commission’s consideration at a later meeting.

Enforcement of WAC 390-18-040 Use of terms “reelect,” “retain” and “return” will resume July 26, 2009, the effective date of SHB 1286, which relates to false political advertising.

Reporting Modifications

The Commission granted a Personal Financial Affairs Statement ( PDC Form F-1) reporting modification to:

·   Thomas L. Downer, Fire Commissioner for Pacific County Fire Protection Dist. No. 1, from disclosing all reportable business customers of Downer-Wilcox LLC and the reportable business customers of Jack’s County Store who are located outside of Pacific County Fire Protection Dist. No. 1’s boundaries.  Mr. Downer must disclose reportable business customers who are located within the fire district’s boundaries.  Mr. Downer is president and has a 90% ownership interest in Jack’s Country Store, a general mercantile shop located in Ocean Park, WA.  Mr. Downer and his spouse own 50% of Downer-Wilcox LLC, which is a local convenience store/fuel station located in Long Beach, WA.

·   Brenda Grassel, 2009 candidate for Spokane Valley City Council, from reporting the business customers of Precision Cutting Technologies who do not conduct business with or who are not located within the City of Spokane Valley.  Ms.Grassel and her spouse are the sole owners of Precision Cutting Technologies, a Spokane Valley manufacturer of parts for a variety of industries.

·   A reporting modification previously granted to Linda CJ Lee, Pierce County Superior Court Judge, to not disclose the business customers of Vandenberg, Johnson & Gandara, a Tacoma law firm for which her husband is a director was renewed.*  A change to the modification exempts Judge Lee from disclosing identifying information for her home.

Reporting modifications with no changes were renewed for:

·         Blair Brady, County Commissioner, Wahkiakum County*;

·         Elizabeth A. Cowles, Regent, Washington State University;

·         Suzanne Quigley, City Councilmember, City of Lake Stevens;

·         Frank Radford, Parks & Recreation Commissioner, Finn Hill Parks & Recreation District.

*Modification renewed in accordance with April 9, 2009 revisions to PDC Interpretations 02-04 & 02-06.

The Commission meeting materials can be found at www.pdc.wa.gov under Commission Meetings. For additional information concerning these issues contact Lori Anderson, Communications & Training Officer, at (360) 664-2737, toll free 1-877-601-2828 or e-mail at landerson@pdc.wa.gov.