Roger Flygare (2) - Alleged violation of RCW 42.17A.235 for failing to accurately file contribution and expenditure reports. (April 2017)

Case

#16692

Respondent

Roger Flygare

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review of the complaints filed by Glen Morgan between April 11 and May 17, 2017. The complaints alleged that Roger Flygare, a 2015 candidate for Fire Commissioner for South King Fire & Rescue, and a 2017 candidate for Federal Way City Council may have violated RCW 42.17A.205 for failure to timely and completely file a Candidate Registration (C-1 report) disclosing all committee officers, and for failing to register businesses owned by the candidate as Political Committees; RCW 42.17A.220 for failure to timely deposit contributions; RCW 42.17A.235 for failure to timely and accurately file Monetary Contribution reports (C-3 reports) and Summary Full Campaign Contribution and Expenditure reports (C-4 reports), disclosing contributions and expenditures undertaken by the campaign; RCW 42.17A.240, WAC 390-16-037, and WAC 390-16-205 for failure to accurately provide detailed breakdowns of expenditures, in-kind contributions, and debts; RCW 42.17A.320 for failure to include sponsor identification on boosted digital advertising; RCW 42.17A.405 for accepting over-limit contributions; RCW 42.17A.425 for allowing persons not listed as committee officers on the C-1 report to authorize expenditures; RCW 42.17A.465 for failure to record loans by written instrument; and RCW 42.17A.710 for failure to disclose officership status in a professional association on the Personal Financial Affairs Statement (F-1 report).

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the responses provided by Roger Flygare; 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.

While the 2015 Fire Commissioner and 2017 Federal Way City Council campaigns had issues related to the timely, accurate, and detailed reporting of contributions and expenditures, and failed to provide sponsor identification on boosted digital advertising, the campaigns made good faith efforts to comply with the requirements of Chapter 42.17A RCW and Title 390 WAC, and have maintained communication and cooperation with PDC staff to attain and sustain compliance.

Based on our findings staff has determined that, in this instance, failure to timely and accurately report contributions and expenditures, report unpaid officerships in associations, and failure to provide sponsor identification on boosted digital advertising, do not amount to violations warranting further investigation.

Pursuant to WAC 390-37-060(1)(b), Roger Flygare will receive a formal written warning concerning timely and complete disclosure of all contribution and expenditure activities, board memberships and officerships on qualifying organizations, and the complete and accurate disclosure of sponsor identification on all political advertising. The formal written warning will include staff’s expectation that Roger Flygare will provide greater oversight of required campaign disclosures, and institute contingencies to comply with the law in the case of a lapse in treasurer services. 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 these matters in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with Written Warning

Date Opened

April 13, 2017

Areas of Law

RCW 42.17A.205, RCW 42.17A.235, RCW 42.17A.245, RCW 42.17A.700, WAC 390-05-200

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