Clallam Fire Protection District 3 Officials: Alleged Violation of RCW 42.17A.555 for misuse of public facilities (EY 19, Nov 19)

Case

#59568

Respondent

Chief Ben Andrews

Complainant

Alvin H McNeil

Description

The complaint alleged Clallam County Fire Protection District No. 3 officials or staff (the District) may have violated RCW 42.17A.555 by using, or authorizing the use of, fire district facilities to produce and distribute a newsletter in November 2019 that provided citizens with information in support of Emergency Medical Services Property Tax Levy (Proposition No. 1) in the November 2019 election.

PDC staff has determined that in this instance, the wording used in the 2019 mailer does not amount to a violation warranting further investigation.

Pursuant to WAC 390-37-060(1)(d), District officials and staff will receive a formal written warning concerning the requirement for election-related information, distributed by a public agency using public funds, to be a fair and objective presentation of the facts, and to not include language or photographs provoking an emotional reaction in support of or in opposition to a ballot proposition.

The formal written warning will include staff's expectation that Clallam County Fire Protection District No. 3 and its staff will review and follow PDC guidance in PDC Interpretation #04-02.

The Commission will 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

Date Opened

November 01, 2019

Areas of Law

RCW 42.17A.555