Wentz, Nolan: Alleged violation of WAC 390-16-125 for exceeding the $5,000 contribution and expenditure limitations of the Mini Reporting option without receiving PDC approval (EY 18; Aug 18)

Case

#39601

Respondent

Nolan Wentz

Complainant

PDC Staff

Description

This is a PDC staff generated complaint alleging that Nolan Wentz, a first-time candidate for Yakima County Sheriff in 2018, violated WAC 390-16-125 by exceeding the $5,000 contribution and expenditure limitations of the Mini Reporting option.

Candidates under the Mini Reporting Option are prohibited from accepting contributions (monetary and in-kind) and making expenditures in excess of the $5,000 limit, without properly changing reporting options and filing the required reports in accordance with RCW 42.17A.205, .235, and .240 and PDC rules. Mr. Wentz exceeded the limitations of the Mini Reporting option prior to properly changing to the Full Reporting option, and his request to change options was denied. The attached letter to Mr. Wentz denying his request to change options, served as the basis for the staff generated complaint.

Mr. Wentz completed a Statement of Understanding (SOU) acknowledging violations of RCW 42.17A , and paid a $600 civil penalty in accordance with WAC 390-37-143, based on the mitigating facts that Mr. Wentz was: (1) a first-time candidate for public office; (2) used personal funds to contribute $6,000 (+) of the $9,779 in total contributions his Campaign received; and (3) the other candidates running for Yakima County Sheriff were under the Full Reporting option.

By completing these steps, Mr. Wentz has satisfied the requirements set forth in WAC 390-16-125 and PDC staff has approved his request to change to the Full Reporting Option, with the understanding that his Campaign is expected to timely file accurate C-3 and C-4 reports for the remainder of the 2018 election cycle.

Disposition

Resolved through Statement of Understanding

Date Opened

August 20, 2018

Areas of Law

RCW 42.17A.235, WAC 390-16-125