Peck, Lowell (3): Alleged Violation of RCW 42.17A.235, .240 for failure to disclose expenditures; RCW 42.17A.430 for improper disposal of surplus funds (EY20, Aug20)

Case

#74917

Respondent

Lowell Peck

Complainant

LaWanda Hatch

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on August 6, 2020. The complaint alleged that that Lowell Peck, incumbent County Commissioner in Franklin County and candidate for re-election in the 2020 primary and general elections, 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; and (2) RCW 42.17A.430 for improper disposal of surplus funds.

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the response 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.

It appears that the discrepancy between the original ending balance of the 2016 Peck Campaign and the beginning balance used for the 2020 Peck Campaign, was due to a series of minor bookkeeping errors and the previous treasurer’s general lack of knowledge of PDC laws and rules. Staff found Mr. Peck and the campaign’s current treasurer to be cooperative in making the necessary corrections to the 2016 and 2020 C-4 reports. Mr. Peck has not been found in violation of PDC laws or rules during the last five years.

Based on our findings staff has determined that, in this instance, failure to timely disclose the accurate carry forward amount from a 2016 election campaign to a 2020 election campaign does not amount to a finding of a violation that warrants further investigation.

PDC staff reminded Mr. Peck about the importance of the timely disclosure of all campaign activities, including the ending and beginning balances for each election, and the timely filings of all future PDC reports in accordance with the statutes and 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 Reminder

Date Opened

August 12, 2020

Areas of Law

RCW 42.17A.235, RCW 42.17A.240, RCW 42.17A.430

Documents

• 74917 Peck Lowell (3) Response.pdf
• 74917 Peck Lowell Complaint.pdf
• 74917 Peck Lowell (3) Reminder Letter.pdf