Ticket Number: 
42940
Complainant: 
Michael Fertakis
Respondent: 
David Chan
Created Date: 
November 13, 2018
Status of Investigations: 
Case Closed with Written Warning
Description: 

The three complaints alleged that David Chan, candidate for Snohomish County Public Utility District Commissioner No. 1 in 2018, may have violated RCW 42.17A.235 and .240 for failure to timely and accurately file Monetary Contribution reports (C-3 reports) and Summary Full Campaign Contribution and Expenditure reports (C-4 reports), disclosing contributions and expenditures undertaken by the Campaign.

The 2018 election was the first time David Chan filed as a candidate under the “Full Reporting” option and was required to file C-3 and C-4 reports using the PDC’s ORCA program disclosing campaign contribution and expenditure activities electronically. Serving as his own treasurer, Mr. Chan spent several weeks working with PDC Filer Assistance Staff on how to properly enter and correct information reported in ORCA, and he continued to work with staff throughout the 2018 election cycle.

In July 2018, two complaints were filed against David Chan alleging his campaign failed to timely and accurately file reports of campaign activities. On October 22, 2018, Mr. Chan completed a Statement of Understanding (SOU) acknowledging violations of RCW 42.17A.235 and .240 for failure to timely and accurately file C-3 and C-4 reports, and paid a $300 civil penalty, resolving similar allegations in PDC Cases 42329, 42397 and 42940.

Pursuant to WAC 390-37-060(1)(b), David Chan received a formal written warning concerning failure to timely and accurately disclosure of all contribution and expenditures. The formal written warning will include staff’s expectation that David Chan timely files all future required reports of contributions and expenditures, including all required vendor information during the accelerated reporting periods prior to and after any election in which his name appears on the ballot. The Commission will consider the formal written warning in deciding on further Commission action if there are future violations of PDC laws or rules.