Matta, Jimmy (5): Alleged Violations of RCW 42.17A.235 & .240 for failure to timely and accurately disclose expenditures; RCW 42.17.445 by making expenditures not directly related to the campaign. (EY21; July21)

Case

#97062

Respondent

Jimmy Matta

Complainant

Glen Morgan

Description

A complaint was against Jimmy Matta, incumbent Burien Mayor and a candidate seeking re-election to the Burien City Council in 2021, alleging that the 2021 Jimmy Matta Campaign (Campaign) may have violated: (1) RCW 42.17A.235 & .240 for failure to timely and accurately disclose expenditures on Summary Full Campaign Contributions and Expenditures report (C-4 reports), including a $6,200 candidate loan for the general election on a Monetary Contributions report (C-3 report); and (2) RCW 42.17.445 by making expenditures using contributions received by the Campaign for activities that were not directly related to the 2021 campaign.

The complaint alleged that there was a discrepancy in the final cash on hand balance for the 2017 Campaign, and the beginning balance of the 2021 re-election effort, and that the funds had been spent for Mayor Matta’s personal use.  The Campaign stated that after reviewing the allegation, they requested the Campaign bank statements from BECU, and found two transactions which occurred between the 2017 ending and the start of the 2021 Campaign that did not get disclosed, when changes were made in the management structure for the 2021 election.  

Based on those changes the Campaign inadvertently failed to report: (1) a $125 contribution that was made in January of 2018 to the 34th District Democrats using 2017 Surplus funds; and (2) a $178.54 expenditure that had been made to Overnight Printing on April 5, 2018 to print 400 “walking pieces” used by the 2017 Campaign.   The Campaign filed a new April 2018 C-4 report disclosing the $178.54 expenditure to Overnight Printing, and an amended January 2018 C-4 report disclosing a $125 expenditure made to the 34th District Democrats using surplus funds.  No evidence was found that these funds were used for Mayor Matta’s personal benefit as alleged in the complaint. 

The complaint also alleged the Campaign failed to timely and properly disclose candidate loans made during the 2021 election cycle. On April 2, 2021, the Campaign timely filed: (1) a Monetary Contributions report (C-3 report) disclosing that on March 19, 2021, the Campaign received a $6,200 loan from Jimmy Matta, that was attributed to the 2021 primary election; and (2) the March 2021 C-4 report disclosing $6,200 in monetary contributions received during the period, $2,588 in expenditures made, and $12,400 in outstanding liabilities on line #18.  The C-4 report included an attached Loan Document (PDC Schedule L) that disclosed on March 19, 2021 the Campaign received two $6,200 candidate loans from Jimmy Matta totaling $12,400.  However, the March 2021 C-4 report only listed $6,200 in total contributions received during the period. 

On June 6, 2021, the Campaign filed a C-3 report disclosing that on March 19, 2021, the Campaign received a $6,200 loan from Jimmy Matta that was attributed to the 2021 general election.  The C-3 report was required to have been filed by the Campaign no later than April 10, 2021 and was filed 56 days late.  The Campaign timely filed the April and May 2021 C-4 reports, and the 21-Day and 7-Day Pre-General Election   C-4 reports, with each C-4 report disclosing $12,400 in outstanding candidate loans were owed to Jimmy Matta, $6,200 per election.   

The Campaign subsequently determined the candidate loan repayment limits were $6,000 per election, and reattributed $200 from each of the candidate loans as candidate contributions.  On September 10, 2021, the Campaign timely filed the 2021 Post-Primary Election C-4 report disclosing that on August 1, 2021, Jimmy Matta forgave $6,000 of the $12,000 loan amount.  As of August 2, 2021, the Campaign owed Jimmy Matta a total of $6,000 in outstanding candidate loans. 

Based on these findings staff has determined, in this instance, the allegations concerning the failure to timely disclose two expenditures made by the 2017 Campaign after the 2017 election in early 2018, and a $6,200 candidate loan made on March 19, 2021, and designated for the general election, do not amount to a violation warranting further investigation or further enforcement action.   

However, pursuant to WAC 390-37-060(1)(d), Jimmy Matta will receive a formal written warning concerning failure to timely disclose two Campaign expenditures related to the 2017 campaign, and the $6,200 candidate loan designated for the 2021 general election.  The formal written warning includes staff’s expectation that Jimmy Matta will, in the future, timely and accurately file PDC reports disclosing contribution and expenditure activities s as required by law, including candidate loans. The Commission will consider the formal written warning in deciding on future Commission action if there are future violations of PDC laws or rules.  

Based on this information, the PDC has dismissed the remaining allegations listed in the complaint and this matter in accordance with RCW 42.17A.755(1). 
 

Disposition

Case Closed with Written Warning

Date Opened

August 10, 2021

Areas of Law

RCW 42.17A.235, RCW 42.17A.240, RCW 42.17A.445

Documents

• Matta_ Jimmy Matta Complaint Warning Letter (Morgan) PDC Case 97062 (2).pdf
• Friends of Jimmy Matta Complaint Response (Morgan) PDC Case 97062.pdf
• 97062 Matta Jimmy (5) Complaint.pdf