Mickiel Smith: Alleged violations of RCW 42.17A.205 & .700 for failure to timely file C-1 Candidate Registration & 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, Chapter42.17A 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 Mickiel Smith
participated telephonically. The proceeding was open to the public and recorded.

The hearing concerned allegations that Respondent violated RCW 42.17 A 700 by failing to file a Personal Financial Affairs Statement (F-1 report) and RCW 42.17 A.205 by failing to file a Candidate Registration (C-1 report) within two weeks of declaring candidacy for calendar year 2018, or no later than June 1 , 2018.

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 42.17A.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. RCW 42.17A.205 states in part: "every political committee shall file a statement of organization with the commission. The statement must be filed within two weeks after organization or within two weeks after the date the committee first has the expectation of receiving contributions or making expenditures in any election campaign, whichever is earlier."
4. Respondent Mickiel Smith violated RCW 42.17 A.205 and RCW 42.17A.700 by failing to file the C-1 and F-1 reports within two weeks of declaring candidacy or by June 1, 2018.

Based upon the Findings and Conclusions, the Commission orders that:

1. Respondent Mickiel Smith is assessed a total civil penalty of $500, with $400 suspended. The balance of $100 shall be paid within 30 days of the date of this Order.
2. Respondent will file all required PDC reports in accordance with RCW 42.17 A.755(4).
3. Respondent will file the missing C-1 and F-1 reports within 30 days of the date of this Order.
4. Respondent will have no further violations of Chapter 42.17 A RCW or Title 390 WAC within four years of this order.

In the event the Respondent fails to pay the $100 civil penalty and file the missing C-1 and F-1 reports within 30 days of the date of this Order, the entire amount shall become due without further action by the Commission.