Zappone, Zachary: Alleged violation of RCW 42.17A.555 by using the public facilities of the Spokane School District by taking photographs and making videos on school district property to assist his candidacy. (EY'21; October '21)

Case

#99799

Respondent

Zach Zappone

Complainant

Steve Freeman

Description

A complaint was filed against Zachary Zappone, a 2021 candidate seeking the office of Spokane City Council, District 3 Position #2, and a Spokane School District teacher, alleging violations of RCW 42.17A.555 by using the facilities of the Spokane School District to make a video that included footage taken in a classroom and in front of a school that was used as a political advertisement in support of his candidacy. 

RCW 42.17A.555 states that public facilities cannot be used by or authorized to be used, directly or indirectly, by any local elected, appointed official or public employee, to support or oppose any candidate or ballot proposition.   

On January 4, 2021, Zachary Zappone filed a candidate registration with the PDC declaring his candidacy for Spokane City Council, District 3, Position #2 for 2021. selected the Full Reporting Option and listed Andrew Taylor as Ministerial Treasurer.  For the 2020 election cycle, Mr. Zappone was a candidate for State Representative in the 6th Legislative District  During the 2021 election cycle, Zachary Zappone was a teacher at North Central High School in the Spokane School District.   

Mr. Zappone stated that he contacted PDC staff at the beginning of his 2021 Campaign seeking to clarify what he could do as a public school employee concerning the use of public facilities to support his candidacy, and what the prohibitions were.  He stated that he did not violate RCW 42.17A.555 by using Spokane School District facilities for political purposes to support his 2021 candidacy. 

During his contact with PDC staff he stated that he was informed that he was “allowed to be outside on public property to film a commercial” for his Campaign, provided it was not filmed during school hours.  
Concerning the video footage featuring Mr. Zappone walking with two other students and shot on the sidewalk in front of the high school, he stated he was informed by PDC staff that it would be similar to filming or having a photograph taken “in a public park or on the public right of way.”   He added that was “what I did by standing outside on the sidewalk in front of the high school” which he noted was not a use of a Spokane School District facilities.  

Mr. Zappone stated that concerning the allegation of the video footage taken inside a classroom, he stated the footage was not taken in a Spokane School District school or any school district classroom, the classroom scene was filmed at the MLK Center in Spokane.  He stated that when he contacted PDC staff, he also raised the issue concerning the use of classroom space to shoot a video, and was told he could not use a Spokane School District classroom unless it was “publicly available” on an equal access basis to the public, similar to that of a library or a community center.    

Mr. Zappone stated that his Campaign “did not sign any agreements or forms” for the room rental at the MLK Center and rented the room for an entire hour but ended up only using the room for 30 minutes to shoot the video.   He stated that after reviewing his Campaign books of account, “we could not find an invoice for the time we used the room like we had discussed with the MLK Center…. I have since reached out to them to ask for an invoice per our discussion last year and will be paying it as soon as possible.”    

Mr. Zappone stated that the students featured in his Campaign video “reached out to me through my internship and volunteer page on my campaign website. I did not use class time to recruit students or ask them to be in my videos.”      

Based on these findings, PDC staff found no evidence of a violation that would require conducting a more formal investigation into the complaint or pursuing enforcement action in this instance.  PDC staff found no evidence that Zachary Zappone violated RCW 42.17A.555 by using the facilities of the Spokane School District to support his candidacy for Spokane City Council in 2021.   The PDC has dismissed this matter in accordance with RCW 42.17A.755(1).  

Disposition

Case Closed with No Evidence of Violations

Date Opened

October 19, 2021

Areas of Law

RCW 42.17A.555

Documents

• Email response from Zachary Zappone (PDC Case 99799).pdf
• 99799 Zappone, Zachary Complaint.pdf
• Zappone, Zachary Complaint Return Letter (Freeman) PDC Case 99799.pdf