King County Democratic Central Committee: Alleged violations of RCW 42.17A.235 & .240 for failure to accurately identify in-kind contributor on C-4 report, timely file Jan. 2019 C-4 report & timely amend C-4 reports for Jan-Apr of 2019. (EY '19; Dec '21)

Case

#102184

Respondent

King County Democratic Central Committee

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on December 30, 2021. The complaint alleged that the King County Democratic Central Committee, a county bona fide political party committee, may have violated: (1) RCW 42.17A.240 for failure to accurately identify a Limited Liability Company (LLC) as an in-kind contributor on Summary Full Campaign Contribution and Expenditure report (C-4 report) for January 2019; (2) RCW 42.17A.235 for failure to timely file the C-4 report for January 2019; and (3) RCW 42.17A.235 for failure to timely amend C-4 reports for January 2019 through April 2019 within 21 days.

PDC staff reviewed the allegations and supporting documentation; the applicable statutes, rules, and reporting requirements; the response provided by Deputy Treasurer, Jason Bennett, on behalf of the Respondent; the applicable PDC reports filed by the 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.

It appears that the alleged late reporting of amended C-4 reports for January 2019 to April 2019 were done to ensure contribution and expenditure totals were accurate and up to date. Four of the five amended reports were made more than two months prior to the August 6, 2019 primary election and accounted for 3.5% of the total contributions and 5% of the total expenditures disclosed for calendar year. Further, it appears that the alleged incorrect disclosure of the two January 2019 in-kind contributions was due to the Respondent’s desire for more transparency given the relationship of the donor to her business and to the Respondent. Staff found no evidence that the errors were intentional or done to confuse or mislead the public.

Based on our findings staff has determined that, in this instance, failure to timely file four amended C-4 reports for January 2019 to April 2019 and failure to identify the accurate source of two in-kind contributions on the January 2019 C-4 report, does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, King County Democratic Central Committee will receive a formal written warning concerning failure to timely disclosure the accurate source of in-kind contributions and failure to file timely amendments to C-4 reports within 21 days. The formal written warning will include staff’s expectation that KCDCC timely files all future required reports of contributions and expenditures including amendments when necessary. 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

January 06, 2022

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 102184 King County Democratic Central Committee Complaint.pdf
• 102184 King Co Democratic Central Committee Warning - Respondent.pdf
• 102184 King Co Democratic Central Committee Warning - Complainant.pdf
• 102184 King County Democratic Central Committee Response.pdf