Sound Publishing: Alleged Violation of RCW 42.17A.345 for failure to provide timely public inspection of records (EY 21, Oct 21)

Case

#100345

Respondent

Sound Publishing

Complainant

Stephen Finley

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on October 27, 2021. The complaint alleged that Sound Publishing may have violated RCW 42.17A.345 for failure to provide timely public inspection of records pertaining to an advertisement published on October 27, 2021.

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; and the responses provided by Rudi Alcott and Carol Greiling on behalf of the Respondent to determine whether the record supports a finding of one or more violations.

It appears that the Respondent may not have been familiar with the statutory definition of “commercial advertiser” or the fact that they met this definition and were legally required to comply with the provisions of the public inspection cited in RCW 42.17A.345. Although Sound Publishing ultimately provided the sponsor information to the Complainant, it was not readily available as required.

Based on our findings staff has determined that, in this instance, failure to immediately provide sponsor information upon request as a commercial advertiser does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Sound Publishing will receive a formal written warning concerning failure to timely respond and disclose the sponsor of political advertisement upon request as a commercial advertiser. The formal written warning will include staff’s expectation that Sound Publishing timely responds to requests for public inspection of the books of account in future election campaigns. 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

November 01, 2021

Areas of Law

RCW 42.17A.345

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