Gobel, Cindy: Alleged violation of RCW 42.17A.240 for failure to disclose a political advertisement that was produced and mailed by the Campaign around July 19 or 20, 2021 (EY21; Aug21)

Case

#97693

Respondent

Cindy Gobel

Complainant

Joseph Gabriel Hernandez

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint you filed on August 17, 2021. The complaint alleged that Cindy Gobel, a 2021 candidate for City Council for the City of Marysville, may have violated RCW 42.17A.240 for failure to disclose a political advertisement that was produced and mailed by the Campaign around July 19 or 20, 2021 on Summary Full Campaign Contribution and Expenditure reports (C-4 reports), disclosing contributions and expenditures undertaken by the Campaign.

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, although Ms. Gobel is not a first-time candidate, she was unaware of the statutory requirement to disclose certain debts and orders placed at the time the services were agreed upon rather than when the invoice was received. During the investigation, staff found no evidence to suggest that the Respondent deliberately delayed disclosing the costs related to the July 2021 mailer or otherwise done to deceive the public.

Based on our findings staff has determined that, in this instance, failure to timely disclose an order placed as a debt does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Cindy Gobel will receive a formal written warning concerning failure to timely disclose an order placed for printing, postage and mailing of a mailer as a debt as required. The formal written warning will include staff’s expectation that Ms. Gobel timely files all future required reports of contributions and 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

Case Closed with Written Warning

Date Opened

August 25, 2021

Areas of Law

RCW 42.17A.240

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