Pacific County Democratic Central Committee (2): Alleged Violation RCW 42.17A.235, .220 for failure to properly dissolve a political committee, preserve books of account, and return excess contributions. (MARCH 2018)

Case

#33373

Respondent

James Clancy

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed by Glen Morgan on March 26, 2018. The complaint alleged that the Pacific County Democratic Central Committee, a bona fide political party organization registered with the PDC, may have violated RCW 42.17A by failing to properly dissolve as a political party committee, preserve the committee’s books of account, and to return excess contributions that exceeded the anonymous contribution limits. 

PDC staff reviewed the allegations listed in the complaint, the statutes, rules and reporting requirements, the Monetary Contributions report (C-3 report) and Summary Full Campaign Contribution and Expenditure reports (C-4 reports) filed by the Pacific County Democratic Central Committee (Committee), and the response letter and email exchanges between Committee officers and PDC staff. 

Since the Committee could not identify the source of the of contributions received at the Crab Feed and meeting, the $875 in contribution received were truly anonymous contributions and those contributions are subject to a $300 limitation in accordance with RCW 42.17A.220(4). PDC staff informed the Committee that based on the statute, the $575 in anonymous contributions that exceeded the $300 limit must be returned or “escheat” to the state for deposit into the state General Fund. 

On December 21, 2018, the PDC received a check for $575 from the Pacific County Democratic Central Committee for exceeding the anonymous contribution limits, that was forwarded to the Department of Enterprise Services, a state agency that processes and handles small agencies collections, for deposit into the state General Fund in accordance with the statute. 

Pursuant to WAC 390-37-060(1)(b), the Pacific County Democratic Central Committee have been formally warned concerning their failure to timely file Monetary Contributions reports (C-3 reports) and Summary Full Campaign Contribution and Expenditure reports (C-4 reports) disclosing contribution and expenditure activities, including carrying forward the correct cash on hand from the prior year, properly accounting for contributions received, and adherence to the anonymous contribution limit. The formal written warning will include staff’s expectation that the Pacific County Democratic Central Committee will timely file accurate and complete C-3 and C-4 reports in future years, should the Committee become active again in accordance with PDC laws and rules. 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 the above, the PDC has dismissed the complaint in accordance with RCW 42.17A.755(1)(a). 

Disposition

Case Closed with Written Warning

Date Opened

March 29, 2018

Areas of Law

RCW 42.17A.220, RCW 42.17A.235

Documents

• 33373 Pacific County Democratic Central Committee Complaint Return Letter.pdf
• 33373 Pacific County Democratic Central Complaint Response.pdf
• 33373 Pacific County Democratic Central Complaint.pdf