Cronce, Gary: Alleged violation of RCW 42.17A.555 for misuse of public facilities to oppose Shelton Proposition 1 (EY 17; Oct 17)

Case

#26474

Respondent

Gary Cronce

Complainant

Marilyn Vogler

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on October 18, 2017. Your complaint alleged that Gary Cronce, incumbent City of Shelton Mayor, may have violated RCW 42.17A.555 by using the City Commission property and acting in his official capacity as Mayor, to advocate for votes in opposition to Proposition 1, regarding whether the City should adopt a Council/Manager form of Government, during the October 16, 2017 City Commission public meeting, when Proposition 1 was not listed on the agenda and was outside of the citizen comments section of the meeting.

Gary Cronce completed a Statement of Understanding (SOU) and paid a $450 civil penalty in accordance with WAC 390-37-143 (Brief Enforcement Penalty Schedule), acknowledging three (3) violations of RCW 42.17A.555, one related to this complaint and two related to PDC Case 27470. The penalty assessed was based on: (1) a $300 penalty, $150 each for the two acknowledged violations of RCW 42.17A.555 for using his city owned computer, email address, his time to solicit campaign contributions donations for his 2015 Mayoral campaign, and for soliciting campaign donation for the 2015 City Commissioner campaign of Kathleen McDowell; and (2) a $150 penalty for the acknowledged violation of RCW 42.17A.555 for advocating for votes in opposition to Proposition 1 during the October 16, 2017 regular City Commission public meeting.

While the statements made by Mayor Cronce in opposition to Proposition No. 1 during the October 17, 2017 City of Shelton Special Meeting were not permitted under RCW 42.17A.555, Mayor Cronce stated in his response that he ceased his comments as soon as he was made aware that his action was prohibited. However, PDC staff reminded Mayor Cronce about the prohibitions and restrictions found in RCW 42.17A.555 and to be sure to follow them in the future. 

Based on this information, and the resolution via SOU, the PDC finds that no further action is warranted and has dismissed this matter in accordance with RCW 42.17A.755(1).

Disposition

Resolved through Statement of Understanding

Date Opened

October 23, 2017

Areas of Law

RCW 42.17A.555

Documents

• 26474 Cronce Gary Complaint Return Letter.pdf
• 26474 Cronce Gary Response.pdf
• 26474 Cronce Gary Complaint.pdf
• Cronce_Statement of Understanding.pdf
• 26474 Notice of Formal Investigation.pdf

Penalties