Cavanaugh, John: Alleged violation of RCW 42.17A.555 by using Yakima School District facilities to send a Yakima Education Association communication about a school board candidate. (EY '21; Oct. '21)

Case

#100256

Respondent

John Cavanaugh

Complainant

Kenton Gartrell

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on October 25, 2021. The complaint alleged that John Cavanaugh, the President of the Yakima Education Association (YEA) may have violated RCW 42.17A.555 by using Yakima School District facilities to send a YEA communication about a school board candidate.

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the response provided by John Cavanaugh (the “Respondent”); and PDC Interpretation 01-03, to determine whether the record supports a finding of one or more violations.

It appears that the e-mail sent by John Cavanaugh on October 25, 2021 was primarily used to convey normal YEA business as done weekly and that the addition of the statement regarding Kenton Gartrell was intended to remind recipients of their ability to do their own research and not to support or oppose any candidates. Staff found that although the statement regarding Mr. Gartrell did not explicitly encourage the recipient to vote a specific way that it was inconsistent with the primary purpose of the YEA communication and should have been omitted.                   

Based on our findings staff has determined that, in this instance, the inclusion of a statement mentioning a candidate for local office in a communication intended to convey Yakima Education Association matters does not amount to a finding of a violation that warrants further investigation.             

PDC staff is reminding John Cavanaugh about the importance of limiting the use of official school district e-mail services and other district resources in the future to those permissible in accordance with PDC laws 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

October 29, 2021

Areas of Law

RCW 42.17A.555

Documents

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