International Association of Firefighters Local 1983: Alleged violation of RCW 42.17A.555 by using public facilities to promote a ballot measure. (Apr 2019)

Case

#50297

Respondent

International Association of Firefighters Local 1983

Complainant

Robert L Fiedler, Glenn Ash

Description

This case alleged that International Association of Firefighters Local 1983 (the "Respondent") may have violated RCW 42.17A.555 by using public facilities (Mt. Vernon Fire Department's address) to promote a ballot measure (advertisement supporting Prop 1 fire bond).

PDC staff reviewed the allegations, applicable statutes, rules and reporting requirements, and the responses provided by the Respondent to determine whether they supported a finding of one or more violations. Staff's review found the following: 

The Respondent sponsored a political ad supporting Prop 1 fire bond that included an address of "1901 N LaVenture, ATTN Union Mail Box, Mount Vernon, WA 98273," the address used by the City of Mt. Vernon Fire Dept., its administrative staff, and Fire Station 2. The mailer clearly identified the Respondent as its sponsor, as required under RCW 42.17A.320, and included a specific reference to the union's mailbox. The Respondent timely filed the necessary C-6 reports with the PDC, disclosing its independent expenditures pertaining to Prop 1. 

RCW 42.17A.555 prohibits elected officials and employees of public offices and agencies from using or authorizing the use of public office/agency facilities to promote or oppose any ballot proposition. Activities exempted from this prohibition include, but are not limited to, activities that are "part of the normal and regular conduct of the office or agency." However, whereas a union is not an elected official or public employee, it cannot violate RCW 42.17A.555.

 The Respondent stated it has maintained a mailbox at 1901 N LaVenture Rd Mt. Vernon, WA 98273 for approximately 20 years and such access is a prevailing right under its collective bargaining agreement with the City of Mt. Vernon. The Respondent indicated that the mailer was created by union members during non-work hours on personal, home computers and sent to a printer via personal email. The Respondent also indicated that "no materials were created or distributed at or from any facility at any time and no campaign activity took place outside of regularly scheduled union meetings." 

As a public agency, the City of Mt. Vernon is subject to RCW 42.17A.555. However, the city's practice of allowing the Respondent to use a mailbox located at its fire station appears to be normal and regular conduct for the city under WAC 390-05-273 because the activity is lawful, authorized by the city, and usual (not extraordinary) given the fact that the Respondent has received correspondence of all kinds via the mailbox for several years. 

Based on these findings, PDC staff determined that the Respondent's use of a mailbox located on city property - and the disclosure of this address in political advertising - does not amount to a violation warranting further investigation. The PDC found that no further action was warranted and dismissed the matter in accordance with RCW 42.17A.755(1).

 

 

 

Disposition

Case Closed with No Evidence of Violations

Date Opened

April 18, 2019

Areas of Law

RCW 42.17A.555

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