Bosche, John: Alleged violation of RCW 42.17A.700 for failure to file annual F-1 Statement of Personal Financial Affairs. (Group Enforcement 18)

This matter was heard by the Washington State Public Disclosure Commission (Commission) on October 25, 2018, at the Public Disclosure Commission Office, 711 Capitol Way, Room 206, Olympia, Washington 98504. The hearing was held pursuant to Chapter 34.05 RCW, Chapter 42.17A RCW, and Chapter 390-37 WAC.

Commissioners present were Anne Levinson, Commission Chair (presiding); David Ammons, Commission Vice-Chair; and Commissioner William Downing. Also present were Assistant Attorney General John S. Meader representing the Commission; Fox Blackhorn- Delph, PDC Compliance Coordinator; Tabatha Blacksmith, PDC Compliance Coordinator; and Assistant Attorney General Chad Standifer on behalf of PDC Staff. Respondent John Bosche
participated telephonically. The proceeding was open to the public and recorded.

After reviewing the record, including the testimony by PDC Staff and the Respondent, the Commission HEREBY ORDERS that the following Findings of Fact, Conclusions of Law, and Final Order of the Commission be entered:

1. The Commission has jurisdiction over this proceeding pursuant to Chapter 42.17A RCW, the State campaign finance and disclosure law; Chapter 34.05 RCW, the Administrative Procedure Act; and Title 390 WAC.

2. RCW 42.17 A. 700 states in part: "After January 1st and before April 15th of each year, every elected official and every executive state officer shall file with the commission a statement of financial affairs for the preceding calendar year."

3. WAC 390-24-025 states in part: "Any person holding elected public office, except as exempted by the terms of RCW 42.17A.700, ... is required to file the statement of financial affairs if such person holds such public office between January 1 and April 15 of any year. Such report shall be for the preceding calendar year."

4. Respondent John Bosche violated RCW 42.l 7A.700 by failing to file the F-1 report for calendar year 2017 no later than April 16, 2018.

Based upon the Findings and Conclusions, the Commission orders that:
1. The Initial Order is AMENDED and the $250 total civil penalty is vacated due to the following mitigating circumstances: the Respondent was not a candidate for election in 2017, acknowledged responsibility for a good faith uncertainty about reporting requirements, was served reminders of his obligations to a de-activated e-mail address, and filed the F-1 report before the initial hearing.

2. Respondent John Bosche will file all required PDC reports in accordance with RCW 42.17A.755(4) and have no further violations of Chapter 42.17A RCW or Title 390 WAC within four years of this order.