Case #42258
Respondent name: Timothy Gray
Complainant name: Priscilla Swanger

The Public Disclosure Commission (PDC) has completed its review of the complaint filed by Priscilla Swanger on October 10, 2018. The Complaint alleged that Timothy Gray, incumbent and candidate for Stevens County Auditor in 2018, may have violated; (1) RCW 42.17A.555 by using public facilities to support his re-election campaign; (2) RCW 42.17A.235 by failing to timely file Summary Full Campaign Contribution and Expenditure reports (C-4 reports); and (3) RCW 42.17A.240 by failing to disclose the candidate filing fee. 

PDC staff reviewed the applicable statutes, rules, and reporting requirements; the response(s) provided by Timothy Gray; and the applicable PDC reports filed by Respondent, to determine the allegations support a finding of one or more violations.

Although the Stevens County Auditor’s Office telephone number did appear in two political advertisements sponsored by the “Retain Tim Gray Auditor” campaign, the campaign took corrective action promptly. The 7-day pre-primary C-4 report was filed after the primary election but contained zero activity and the filing fee was paid using the personal funds of the candidate. 

Based on our findings staff has determined that, in this instance, including the Stevens County Auditor’s Office telephone number on two pieces of political advertisement, filing the 7-day preprimary C-4 report late disclosing zero activity, and failing to disclose the filing fee paid for using candidate’s personal funds does not amount to an actual violation warranting further investigation. 

Pursuant to WAC 390-37-060(1)(b), Timothy Gray will receive a formal written warning concerning; (1) using public facilities to support his re-election campaign by including the Stevens County Auditor’s Office telephone number in political advertisement; (2) failing to timely file the 7-day pre-primary C-4 report; and (3) failing to disclose the candidate filing fee. The formal written warning will include staff’s expectation that Mr. Gray will review all political advertisement sponsored by him or his campaign to avoid using facilities to support his candidacy and that he timely files all future required reports of contributions and expenditures, including all campaign activities, specifically those occurring during the accelerated reporting schedule prior to and after any election in which Mr. Gray participates in as a candidate for public office in the future. The Commission may consider the formal written warning in deciding on further Commission action if there are future violations of PDC laws or rules. 

Based on this information, the PDC finds that no further action is warranted and has dismissed this matter in accordance with RCW 42.17A.755(1).

Disposition: Case Closed with Written Warning (Resolved 01/07/2019)
Date opened: 10/26/2018
Area of Law: RCW 42.17A.555

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