Kennewick, Pasco, and Richland School District Officials: Alleged Violation of RCW 42.17A.555, .550 for use of public funds and resources to support a school levy for a 2018 ballot measure. (EY 18; DEC 17)

Case

#29929

Respondent

Dave Bond, Michelle Whitney, Rick Schulte

Complainant

Roger Lenk

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint Roger Lenk filed on January 19, 2018. The complaint alleged that Kennewick, Pasco, and Richland School District officials (Respondents), public employees, may have violated RCW 42.17A.555 for misuse of public funds, time, equipment, and resources to support a campaign for the "Tri-Cities School Levy" ballot propositions placed on the February 13, 2018 Special Election Ballot in each of the three jurisdictions.

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the responses provided by the Respondent; and PDC Interpretation 01-03, Guidelines for School Districts in Election Campaigns, to determine whether the record supports a finding of one or more violations.

Based on our findings staff has determined that, in this instance, presenting favorable facts about ballot propositions and failing to afford equal opportunity for opposing viewpoints do not amount to violations that warrants further investigation.

However, PDC staff is reminding Kennewick, Pasco, and Richland School District Officials about the importance of providing fair and objective presentations of facts relative to ballot propositions. PDC staff expects that Kennewick, Pasco, and Richland School District Officials will present facts relative to ballot propositions in a neutral and fair manner in the future.

Furthermore, pursuant to WAC 390-37-060(1)(d), Scott Lehrman will receive a formal written warning concerning failure to provide members of the public with an approximately equal opportunity for the expression of opposing views when voting on ballot propositions at open public meetings. The formal written warning will include staff’s expectation that Scott Lehrman will afford members of the public equal opportunity to express their views, whether in support or opposition, prior to voting to take action in the future. 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 19, 2018

Areas of Law

RCW 42.17A.555

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