Voice of Tahoma: Alleged Violation of RCW 42.17A.235 for failing to file contribution and expenditure reports related to school levy campaigns. (JAN 18)

Case

#30309

Respondent

Sarah Gilbert

Complainant

Karen Bennett

Description

A complaint was filed against the Voice of Tahoma Education (Committee), a local political committee registered with the PDC in support of three February 13, 2018 Tahoma School District ballot propositions, alleging that the Committee may have violated: (1) RCW 42.17A.205 by failing to file a Committee Registration (C-1pc report) registering as a ballot committee in support of the three February 13, 2018 ballot propositions; and (2) RCW 42.17A.235 and .240 by failing to file Monetary Contributions reports (C-3 reports) and Summary Full Campaign Contributions and Expenditures reports (C-4 reports) disclosing contribution and expenditure details undertaken by the Committee in support of the three February 13, 2018 ballot propositions.

The Committee failed to timely file the 21-Day Pre-Special Election Summary Campaign Contribution and Expenditure report (C-4 report) which was required to have been filed no later than January 23, 2018, covering the period December 1, 2017 through January 22, 2019.

The 21-Day Pre-Special Election C-4 report was filed by the Committee on February 22, 2018, 30 days late and nine days after the February 13, 2018 special election had been held, disclosing $1,761 in monetary contributions received and $2,656 in expenditures made. The C-4 report disclosed Committee expenditures for a $2,320 expenditure made on January 10, 2018, to The Renton Bindery to print “door hangers/fliers”, and a $325 expenditure made to Boomers Photography for “poster creation/sitting fee.”

In addition, the Committee failed to timely file the 7-Day Pre-Special Election C-4 report which was required to have been filed no later than February 6, 2018, covering the period January 23 through February 5, 2018. The 7-Day Pre-Special Election C-4 report was filed by the Committee on March 8, 2018, 30 days late and 23 days after the February 13, 2018 special election had been held disclosing $1,502 in monetary contributions received, a $50 in-kind contribution for coffee, and $3,493 in expenditures made. The Committee expenditures included a $1,200 expenditure made on February 17, 2018 to Lamar Advertising for billboard advertisements that ran January 15 through February 11, 2018; five expenditures totaling $1,152 for sign waving and donuts for the sign waving event in support of the ballot propositions; and two expenditures made to the Logo House On February 1 and 10, 2018 totaling $798 for T-shirts.

On November 22, 2019, the Committee completed a Statement of Understanding (SOU) and paid a $300 civil penalty in accordance with WAC 390-37-143 (Brief Enforcement Penalty Schedule), acknowledging violations of RCW 42.17A.235 for failing to timely file the two pre-election C-4 reports referenced above. The $150 penalty assessed in this matter resolves the late filed 21-Day and 7-Day Pre-Special Election C-4 reports.

PDC staff’s review also found the Committee failed to timely file C-3 and C-4 reports covering the period May 1, 2014 through November 30, 2017. However, staff noted In addition, most of the contributors disclosed on the C-3 reports filed by the Committee during that period were for recurring contributions from district employees who contributed the same dollar amount every monththe majority of the committee’s reportable activities during that period were contributions received from Tahoma School District employees via monthly payroll withholdings for a future school bond or levy proposition.

Staff’s review of the facts also found that the Committee has: (1) no prior PDC violations, and worked diligently to file the missing reports and come into compliance; (2) acknowledged violations of RCW 42.17A.235 and paid a monetary civil penalty; (3) timely filed monthly C-3 and C-4 reports covering the period January 30, 2019 to present since registering as a 2020 Ballot Committee; and (4) fully cooperated with PDC staff. Based on these findings, staff has determined in this instance, the late filed reports do not warrant further investigation.

Staff noted that any delays in resolving this case were due to staff’s case load of outstanding complaints and legislative changes related to the PDC enforcement responsibilities, and not by any Committee actions.

PDC staff has reminded the Voice of Tahoma Education Committee to timely and accurately file C-3 and C-4 reports disclosing contribution and expenditure activities undertaken during the remainder of 2020 special election cycle, and into the future as required for a Ballot Committee in accordance with PDC statues, rules, and reporting requirements. The PDC has dismissed the complaint in accordance with RCW 42.17A.755(1).

Disposition

Resolved through Statement of Understanding

Date Opened

January 29, 2018

Areas of Law

RCW 42.17A.205, RCW 42.17A.235

Documents

Penalties

Total penalties: $300

Balance Due: $0

Voice of Tahoma Education

Penalty

$300

Payments

$300 on 11/22/2019 (Paid)