Aberdeen School District: Alleged Violation of RCW 42.17A.555 RCW 42.17A.555 by using public facilities to process employee contributions to political committees. (June 2018)

Case

#37212

Respondent

Charles Eberhardt

Complainant

Freedom Foundation (Maxford Nelsen)

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed by Maxford Nelson on June 20, 2018 and the additional information provided on August 24, 2018. The complaint alleged that the Aberdeen School District may have violated RCW 42.17A.555 by using school district facilities to process employee voluntarily withheld payroll deduction that were designated by the employee to be used for contributions to the Washington Education Association's Political Action Committee (WEA-PAC), a political committee registered with the PDC, and the National Education Association Fund for Children and Education (NEA-FCPE).

PDC staff reviewed the allegations listed in the complaint, PDC statutes, rules, and Interpretation #01-03 and the August 15, 2018 response from Charles Eberhardt, an attorney with Perkins Coie on behalf of his client, the Aberdeen School District (ASD). 

The Aberdeen School District processes employee payroll deductions or withholdings as part of the "normal and regular conduct" of the school district. No evidence was found that the district provided any preferential treatment concerning district employee's withholding of funds designated for the WEA-PAC and NEA-FCPE, and any other district employee withholdings for charitable contributions, deferred compensation, etc. 
 

Staff has determined that in this instance, no evidence supports a finding of a material violation warranting further investigation.  The PDC has closed the matter, and will not be conducting a more formal investigation into the complaint or pursuing further enforcement action in this case. 

Disposition

Case Closed with No Evidence of Violations

Date Opened

June 25, 2018

Areas of Law

RCW 42.17A.555

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