Brief Enforcement Hearing and Report Modification Agenda (2016 Group Enforcement)

Thursday, August 25, 2016 - 3:00pm

WASHINGTON STATE

Public Disclosure Commission

711 Capitol Way, Room 206 | Olympia, Washington 98504

 

AUDIO

Note: All times shown for consideration of agenda items (other than time of convening) are approximate and may vary, depending on the amount of discussion required for each.

Meeting Agenda: 
3:00 PM Brief and 2016 Group Enforcement Hearings | Commission Chair Anne Levinson Presiding

Citizens for Kim Wyman  PDC Case No. 6604 

Staff is alleging that the 2016 Kim Wyman Campaign for Washington Secretary of State failed to timely disclose campaign expenditures for yard signs on the Campaign Full Summary of Contribution and Expenditure reports (C-4 report), in violation of RCW 42.17A.235 and .240.

2016 Group Enforcement Hearings

Alleged Failure to file or timely file a Monthly Lobbyist Expense Report (RCW 42.17A.615)

PDC staff has scheduled Brief Adjudicative Proceedings (Brief Enforcement Hearings) for the four Registered Lobbyists listed in the table below, alleging violations of RCW 42.17A.615 by failing to file, or timely file, the March 2016 Monthly Lobbyist Expense Report (L-2 report) as required. 

In order to lobby at the State level, lobbyists must first register with the PDC by filing a Lobbyist Registration (L-1 report). They are also required to file Monthly Lobbyist Expense reports (L-2 reports) by the 15th of each month, disclosing lobbying activities undertaken during the prior month.  The March 2016 L-2 report was due to be filed by  lobbyists not later than April 15, 2016. 

As part of the 2016 Lobbyist Group Enforcement process, PDC staff sent:

  • Several email reminders to all lobbyists during the 2016 Legislative session.
  • L-2 warning letters on April 5, 2016 to registered lobbyists who had not filed or failed to timely file L-2 reports for January and/or February of 2016.  The majority of those filers filed the missing January and/or February L-2 reports, and filed the March 2016 L-2 report.
  • In addition, L-2 warning letters were sent to lobbyists that had filed the January or February 2016 L-2 reports, but failed to file or timely file an L-2 report for March of 2016.
  • Lobbyists that received a January and/or February 2016 L-2 warning letter, but failed to file or timely file the March 2016 L-2 report were sent hearing notices on August 11, 2016.  Hearing notices were sent to seven lobbyists who had failed to file or timely file the March L-2 report.

Lobbyists’ names were removed from the hearing list if they completed a Statement of Understanding (SOU) acknowledging a violation of RCW 42.17A, filed the missing L-2 report, paid a $150 penalty for the missing report, and were determined by staff to be in  compliance with all other PDC reporting requirements, prior to the hearing date.  Two lobbyists completed the SOU and paid the $150 penalty, and one lobbyist had the case closed administratively since she had terminated her registration effective January 31, 2016.

The Commission has adopted WAC 390-37-170, which is the Lobbyist L-2 Penalty schedule that will be used by the Presiding Officer to assess penalties when violations of RCW 42.17A are found at the hearings, and is attached to this document.  The Brief Enforcement Hearings are conducted in accordance with the Administrative Procedures Act (RCW 34.05), with the Commission Chair serving as the Presiding Officer. 

Please contact PDC staff for additional information concerning any of these matters.

PDC Case No.

Lobbyist Name

Lobbyist Employer(s)

Late or Missing

L-2 Report

7554

Neil Beaver

Washington Audubon and South Cove Strategies

Failed to File March 2016 L-2 Report

7556

Patricia Case

Green Diamond Resources

Failed to Timely File March 2016 L-2 Report

7557

Emily Murphy Strategies, LLC

Anti Smoking Alliance; Children’s Alliance; Children’s Health is a Legal Duty; Treehouse; Win/Win Action; Jessica Fortescue; and Johnson Arledge Strategies

Failed to Timely File March 2016 L-2 Report

7560

WA Restaurant Association

Washington Lodging Association

Failed to Timely File March 2016 L-2 Report

Brief Enforcement Brochure


 

Presenter: Kurt Young

3:30 PM Report Modification Request
4:00 PM Adjourn
Notes: 

The Commission may deliberate in closed session on any enforcement matter on this agenda, or any matters listed in RCW 42.30.140.