Tombs, Jr., Stanley: Alleged violation of RCW 42.17A.220(4) by receiving & depositing anonymous contributions that exceed statutory limits. (EY '21; Aug '21)

Case

#97947

Respondent

Stanley Tombs, Jr.

Complainant

Dominick Ojeda

Description

A complaint was filed against Stanley Tombs, a candidate for Sea-Tac City Council in 2021, alleging that the 2021 Stanley Tombs Campaign (Campaign) may have violated RCW 42.17A.220(4) by receiving and depositing anonymous contributions of more than the $300 statutory limitations. 

On August 24, 2021, the Campaign filed a C-3 report disclosing $1,460 in monetary contributions had been deposited into the Campaign bank account on August 21, 2021, disclosing five monetary contributions of $25 or more totaling $850, and one $10 small un-itemized contribution.   The C-3 report also disclosed $600 in anonymous monetary contributions had been received by the Campaign on August 11, 2021. 

On September 21, 2021, the Campaign timely filed an amended C-3 report for the August 24, 2021 C-3 report, listing the same $850 in itemized contributors, but re-classifying the $600 in anonymous contributions and attributing those funds to two contributors.  The amended C-3 report disclosed a $500 monetary contribution was received from Tom Dantzler on August 11, 2021, and a $100 monetary contribution was received from Joel Wactel on August 11, 2021. 

On September 10, the Campaign filed a C-3 report disclosing $4,650 in total contributions that were all listed as being received and deposited into the Campaign bank account on August 27, 2021.  The C-3 report disclosed the receipt of seven itemized contributions of more than $25 totaling $4,050 that included: (1) a $1,000 monetary contribution from the WA Association of Realtors; (2) two $750 monetary contributions from a couple; (3) two $500 monetary contributions from a couple; and (4) two $250 monetary contributions from a business and an individual.   The C-3 report also disclosed that $600 in anonymous monetary contributions had been received and deposited into the Campaign bank account on August 27, 2021. 

On September 21, 2021, the Campaign timely filed an amended C-3 report for the September 10, 2021 C-3 report, listing the same $4,050 in itemized monetary contributions received, however the amended information did not include the $600 in previously disclosed anonymous and the total deposit was only for $4,050.  

The Campaign deleted the $600 in anonymous contributions in the Online Reporting of Campaign Activity (ORCA), since it was a duplicate of the $600 in anonymous contributions that had been incorrectly disclosed on the August 24, 2021 C-3 report.  Sandra Bensley, Treasurer stated that the Campaign inadvertently double reported the $600 in anonymous contributions as having been received on August 11th and 27th respectively.  

Based on these findings staff has determined, in this instance, the Campaign disclosed $600 in monetary contributions received as anonymous contributions on a C-3 report since they did not have the contributor information at the time the report was due.  The Campaign then inadvertently duplicated the error by disclosing the same $600 in anonymous contributions on a subsequent C-3 report.  

The $600 in itemized contributions that were ultimately listed on an amended C-3 report with contributor name, address and other information, were otherwise, timely disclosed contributions that does not amount to a violation warranting further investigation or any enforcement action.  RCW 42.17A.005(52) defines "Technical correction" to mean “the correction of a minor or ministerial error in a required report that does not materially harm the public interest and needs to be corrected for the report to be in full compliance with the requirements of this chapter.”  

The 2021 Stanley Tombs Campaign made minor or ministerial errors on two C-3 reports filed in late August and early September of 2021 that initially included the reporting of anonymous contributions.  The contributions were received and reported after the 2021 primary election, and the Campaign timely filed amended C-3 reports well before the 2021 general election identifying the source of the contributions. Thus, the reporting discrepancy did not materially impact the public. 

Upon notification of the error, the Campaign made the necessary technical corrections as requested by staff by filing two amended C-3 reports to bring the Campaign back into compliance and identifying the source of the $600 in anonymous contributions received.  The PDC has dismissed this matter as a technical correction in accordance with RCW 42.17A.755(1).  

Disposition

Resolved with Technical Correction

Date Opened

September 01, 2021

Areas of Law

RCW 42.17A.220

Documents

• 97947 Tombs Jr Stanley Complaint.pdf
• Tombs, Stanley Complaint Return Letter as Technical Correction (Ojeda) PDC Case 97947.pdf
• Emailed responses from 2021 Stanley Tombs Campaign.pdf