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- Rodne, Jay (2): Alleged violations of RCW 42.17A.430 for misuse of surplus funds to form a limited liability company (Nov 19)
Rodne, Jay (2): Alleged violations of RCW 42.17A.430 for misuse of surplus funds to form a limited liability company (Nov 19)
Case
#60235
Respondent
Jay Rodne
Complainant
Sandra Robson
Description
The Public Disclosure Commission (PDC) has completed its review of the complaint Sandra Robson filed on November 15, 2019. The complaint alleged that Jay Rodne, a former State Representative for Legislative District 5 and a candidate seeking re-election to that office in 2016 and 2018, made unauthorized expenditures from the Jay Rodne Surplus Funds Account as disclosed on the Summary Full Campaign Contributions and Expenditures Report (C-4 report), in violation of RCW 42.17A.430.
PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the responses provided by the Respondent; the applicable PDC reports filed by the Respondent; and queried the Respondent’s data in the PDC contribution and expenditure database, to determine whether the record supports a finding of one or more violations.
On February 3, 2020, Representative Rodne completed a signed Statement of Understanding (SOU) acknowledging a violation of RCW 42.17A.430 by making an unauthorized non-office related expenditure of surplus funds to pay the initial filing fee for Pac Rim Bridges LLC. He paid a $150 civil penalty that was assessed against him in this matter in accordance with WAC 390-37-143 (Brief Enforcement Penalty Schedule), resolving the personal use of surplus funds violation.
Based on our findings and the facts that Representative Rodne is no longer in office, has no prior PDC violations, and that the campaign-related expenditures only required to him to transfer surplus funds back into the respective campaign accounts to have been permitted, staff has determined that, in this instance, the remaining expenditures of surplus funds listed above do not amount to violations warranting further investigation.
Pursuant to WAC 390-37-060(1)(d), Jay Rodne will receive a formal written warning concerning the permitted uses of surplus funds in the future, should he decide to again seek public office. The formal written warning includes staff’s expectation that Jay Rodne will disclose and pay for all campaign-related expenses through campaign committees in the future and will not make any prohibited personal use expenditures. 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
Resolved through Statement of Understanding (SOU)
Date Opened
November 18, 2019
Areas of Law
RCW 42.17A.430
Documents
Penalties
Total penalties: $150
Balance Due: $0
Jay Rodne
Penalty
$150
(Resolved through Statement of Understanding)
Payments
$150
on 02/03/2020
(Statement of Understanding - Paid)
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