Nelson, Michael J.: Alleged violation of RCW 42.17A.555 by using public office or agency facilities to oppose a candidate, thereby assisting the election campaign of that candidate's opponent(s). (EY '21; Aug '21)

Case

#97619

Respondent

Mike Nelson

Complainant

Cynthia M. Sjoblom

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on August 16, 2021. The complaint alleged that Michael J. Nelson, Mayor of the City of Edmonds, may have violated RCW 42.17A.555 by using public office or agency facilities to oppose a candidate, thereby assisting the election campaign of that candidate's opponent(s).

PDC staff reviewed the allegations; the applicable statutes, and rules and the response provided by the Respondent, to determine whether the record supports a finding of one or more violations.

It appears that the comments made by Mayor Nelson during the August 3, 2021, Edmonds City Council meeting were intended to convey his disapproval of the statements made by members of the public and their general behavior before and during the July 27, 2021, meeting and that Mayor Nelson believed that he was not discussing elections or candidates. 

Based on our findings staff has determined that in this instance, using the mayor’s comment period of a public meeting to indirectly support and oppose candidates for Edmonds City Council, although prohibited, does not amount to a finding of a violation that warrants further investigation.

PDC staff is reminding Mayor Michael Nelson about the importance of refraining from discussing candidate campaigns at any time during a public meeting, with or without the mention of the candidate by name, in order to avoid the appearance of supporting or opposing a candidate, and expects he will ensure future compliance with PDC 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 23, 2021

Areas of Law

RCW 42.17A.555

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