23rd LD Repub Comm: Alleged Violation of RCW 42.17A.220, 235, .240 for failure to timely deposit contributions, timely & accurately report contributions & expenditures and fully comply with public inspection request (EY20, Nov20)

Case

#80600

Respondent

23rd Leg Dist Republican Committee

Complainant

Elaina Gonzales-Blanton

Description

Public Disclosure Commission (PDC) staff has completed its investigation of the complaints received November 9 and 10, 2020, alleging 23rd Legislative District Republican Committee (Committee)violated: (1) RCW 42.17A.220 for failure to timely deposit contributions; (2) RCW 42.17A.235 & .240 for failure to timely and accurately disclose contributions and expenditures; and (3) RCW 42.17A.235 & WAC 390-16-043 for failure to provide accurate books of account during the public inspection period occurring prior to the November 3, 2020 General Election.

The complaints also alleged April Ferguson, Chair of 23rd Legislative District Republican Committee, violated RCW 42.17A.445 by misusing the funds received by or otherwise belonging to the Committee for her own personal financial gain.

After a careful review of the alleged violations and relevant facts, PDC staff has concluded its investigation, and has resolved the complaints against the Committee.  The complaints have been resolved through a Statement of Understanding and dismissal, as described below.

23rd Legislative District Republican Committee (Committee) completed a Statement of Understanding (SOU) in accordance with WAC 390-37-142.  In the SOU, the Committee: (1) acknowledged a violation of RCW 42.17A.235 and .240 by failing to file timely and accurate campaign reports (C-3 and C-4 reports); (2) acknowledged a violation of RCW 42.17A.220 by failing to deposit monetary contributions within five business days of receipt; (3) acknowledged a violation of RCW 42.17A.235 & WAC 390-16-043 by failing to maintain current “books of account” for the purpose of providing them during the public inspection period prior to the November 3, 2020 general election; (4) expressed an understanding that the Commission will not hold an adjudicative hearing in connection with the violations; and (3) paid a $750 civil penalty.   

The $750 penalty resolves these allegations.  Staff believes this is the appropriate resolution considering all the facts and circumstances, including that the Committee has implemented several measures to ensure future compliance with PDC laws and rules, including training for Committee officers, independent audits, general accounting oversight procedures and the employment of an individual knowledgeable with PDC laws, rules and filing requirements, to fill the treasury position full-time. 

Staff’s investigation found no evidence that April Ferguson, Chair of 23rd Legislative District Republican Committee, violated RCW 42.17A.445 by misusing the funds received by or otherwise belonging to the Committee for her own personal financial gain. Therefore, I am dismissing that portion of the complaints in accordance with RCW 42.17A.755(1) and WAC 390-37-070. 
 

Disposition

Resolved through Statement of Understanding

Date Opened

November 20, 2020

Areas of Law

RCW 42.17A.220, RCW 42.17A.235, RCW 42.17A.240, WAC 390-16-043

Documents

• 80600 Case Closure Ltr to Complainant (Formal Investigation).pdf
• 80600 23rd LD Repub Comm Complaint.pdf
• Statement of Understanding - 80600 - 23rd Leg District Republican Comm.pdf
• 80600 Initial Hearing Results - Complainant.pdf
• 80600 Initial Hearing Results - Respondent.pdf
• 80600 23rd LD Republicans Response.pdf
• 80600 23rd Legislative District Republican Committee Report of Investigation.pdf
• 80600 Case Closure Ltr to Respondent (Formal Investigation).pdf

Penalties