Nelson/Nygaard Consulting Associates: Alleged violations of RCW 42.17A.255 for failure to timely report independent expenditures, and RCW 42.17A.320 for failure to disclose sponsor ID on political advertising.

The Public Disclosure Commission (PDC) has completed its review of the portion of the complaint filed by Mark Obtinario on October 24, 2018 that pertains to Nelson/Nygaard Consulting Associates. 

The complaint alleged that Nelson/Nygaard Consulting Associates may have violated: (1) RCW 42.17A.255 by failing to report, as an independent expenditure, its costs to create a website at LewisCountyTransitMeasure.com, and its costs to create and send a mailer, both promoting Proposition 1, a ballot measure on the November 6, 2018 general election ballot, concerning a sales and use tax to finance public transportation within the boundaries of the Lewis County Transportation Benefit Area; and (2) RCW 42.17A.320 by failing to include proper sponsor identification on the website and the mailer. 

The complaint also alleged that officials of Twin Transit may have violated RCW 42.17A.555 by using or authorizing the use of the public facilities of Twin Transit to promote Proposition 1. That portion of the complaint is being investigated separately under PDC Case 43055. 

PDC staff reviewed the allegations concerning Nelson/Nygaard Consulting Associates, the applicable statues, rules, and reporting requirements

Based on our findings, staff has determined that the alleged failure of Nelson/Nygaard Consulting Associates to file a C-6 report of Independent Expenditures and to include its name as the sponsor of political advertising on Twin Transit’s website and mailer concerning Proposition 1, is not an actual material violation warranting further investigation. 

Based on this information, the PDC has dismissed this matter, as it relates to Nelson/Nygaard Consulting Associates, in accordance with RCW 42.17A.755(1), and will not be conducting a more formal investigation into your complaint against Nelson/Nygaard Consulting Associates or pursuing enforcement action against this Respondent in this case.