One Safe Jail (WCCDA) (2): Alleged violations of Chapter 42.17A RCW for failure to timely register, failure to accurately and timely report contributions and expenditures, failure to timely deposit contributions, and more (EY 17; Jan 18)

Case

#28686

Respondent

One Safe Jail (WCCDA)

Complainant

Sandra Robson

Description

The complaint alleged One Safe Jail, a 2017 election year ballot measure committee formed to support a sales tax increase to build and operate a new jail, may have violated RCW 42.17A.205 for failure to timely register as a political committee within two weeks of having an expectation of receiving contributions or making expenditures; RCW 42.17A.235 and .240 for failure to timely and accurately report contributions and expenditures, including receipt of an in-kind contribution for costs associated with a "Whatcom Jail" Facebook page, failure to report debt, and failure to provide proper expenditure descriptions; RCW 42.17A.220 for failure to timely deposit contributions; RCW 42.17A.260 and 42.17A.305 for failure to file reports of Independent Expenditures or Electioneering Communications; RCW 42.17A.265 for failure to report, within 24 hours, receipt of “last minute contributions” in excess of $1,000; and RCW 42.17A.320 for failure to completely and accurately disclose Sponsor ID on political advertising.  The complaint also alleged Nicole Kallin, the committee’s campaign manager and a Whatcom County employee, may have violated RCW 42.17A.555 by using public facilities to support the efforts of One Safe Jail.

PDC staff has determined that in this instance, the failure to timely and accurately file reports of contributions and expenditures as noted above, and the use of a government computer to access social media accounts by a Whatcom County employee, does not amount to a finding of a violation that warrants further investigation.

However, pursuant to WAC 390-37-060(1)(d), Barry Lovell and One Safe Jail will receive a formal written warning concerning the failure to comply with PDC requirements as noted in this letter.

The formal written warning will include staff’s expectation that Barry Lovell and One Safe Jail timely file all future required reports of contributions and expenditures, include sponsor identification on political advertising as required by law, and that all Committee members who are employees of a public agency review PDC guidance for local government agencies in 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

December 26, 2017

Areas of Law

RCW 42.17A.205, RCW 42.17A.220, RCW 42.17A.235, RCW 42.17A.240

Documents

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