Lemley, Phillip: Alleged violation of Chapter 42.17A RCW for misuse of City of Richland facilities to support legislative campaign, failure to register as a candidate, and failure to timely report contributions and expenditures (EY 18; Jan 18)

Case

#29877

Respondent

Phillip Lemley

Complainant

Roger Lenk

Description

This complaint alleged that Phillip Lemley may have violated Chapter 42.17A RCW for misuse of City of Richland council meeting broadcast to boost announcement of candidacy for State Representative; RCW 42.17A.205 for failure to file a C-1 Candidate Registration Form within two weeks of declaring candidacy; RCW 42.17A.235 for failure to timely report contributions and expenditures; and RCW 42.17A.700 for failure to timely file F-1 Statement of Personal Financial Affairs.

PDC staff reviewed the allegations and determined that, in this instance, misuse of public facilities to announce a candidacy that was late reported to the PDC and failure to accurately and timely file electronic reports of contributions and expenditures did not amount to material violations warranting further investigation. 

Pursuant to WAC 390-37-060(1)(b), Phillip Lemley received a formal written warning concerning the misuse of public facilities to announce a candidacy that was untimely registered with the PDC, and failure to accurately and timely file electronic reports of contributions and expenditures. The formal written warning included staff's expectation that Phillip Lemley cease and desist from the use of any public facilities to support or oppose any candidates or ballot propositions, and that Phillip Lemley electronically file timely and accurate reports of contributions and expenditures. The Commission will consider the formal warning in deciding on further Commission action if there are future violations of PDC laws or rules. 

The PDC dismissed the matter and did not conduct a more formal investigation into the complaint or pursue further enforcement action in this case. 

Disposition

Case Closed with Written Warning

Date Opened

January 18, 2018

Areas of Law

RCW 42.17A.205, RCW 42.17A.235, RCW 42.17A.555, RCW 42.17A.700

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