Officials of Douglas County FD #2 & Chelan County FD #1: Alleged violations of RCW 42.17A.555 by using or authorizing the use of their Fire Districts resources to distribute newsletters (EY22, July22)

Case

#110057

Respondent

Officials of Douglas County FD #2 & Chelan County FD #1

Complainant

Douglas Miller

Description

A complaint was filed with the Public Disclosure Commission (PDC) alleging that officials of the Chelan County Fire District No. 1, Douglas County Fire District No. 2, and specifically Brian Brett, Fire Chief for both districts, may have violated RCW 42.17A.555 by using fire district facilities to distribute a newsletter that allegedly promoted the proposed merger between the fire two districts that will appear as a local ballot proposition on the August 2, 2022, primary election ballot.   

Pursuant to RCW 42.17A.555 no public facilities can be used by or authorized to be used directly or indirectly by any local elected or appointed official or public employee, to support or oppose any candidate or ballot proposition.  

The complaint provided a partial copy and a link to the complete Spring 2022 Newsletter produced and distributed by Chelan County Fire District #1 and Douglas County Fire District #2, which discussed the proposed merger between the fire two districts that would be appearing on the August 2, 2022, primary ballot as a ballot proposition.    

Staff reviewed the newsletter and found that that overall, the newsletter content was a fair objective presentation of the facts concerning the merger of the two fire districts into one district, if the ballot proposition is approved.  Staff noted that page three of the newsletter included a table of the two fire districts that provided a comprehensive comparison and summary of the two fire districts.  The factual information about Chelan County Fire District #1 and Douglas County Fire District #2 in the table included the personnel and volunteer staffing levels, budget and financing information, levy rates and dollar amounts generated, demographic and other relevant information for both fire districts.    

Mr. Snure stated in his response, that on April 26, 2022, the Fire Commissioners of the two fire districts “approved a Joint Resolution placing a ballot measure on the August 2, 2022, Primary election ballot.  The ballot measure asks the voters whether they will approve the formation of the Wenatchee Valley Fire Department to be organized and operated as a regional fire protection service authority under Chapter 52.26 RCW ‘RFA Ballot Measure.’”   

Mr. Snure stated that both fire districts used the newsletter format to communicate and “educate its citizens on matters affecting the Fire Districts.”  In 2021, the Fire Districts published their first joint newsletter following an administrative consolidation that took place between the two districts. (See Exhibit F to Brian Brett Declaration).   Chief Brett is currently the Fire Chief for both fire districts.  

Mr. Snure stated that on or about June 1, 2022, the two fire districts “used public resources to print and mail the Spring 2022 Newsletter to 34,345 Fire District residents” in both districts.  He stated that the “printing and distribution of the 2022 Spring Newsletter complied with the above rules as it was a single jurisdiction-wide objective and fair presentation of the facts regarding the RFA ballot measure…”  

Mr. Snure stated that the newsletter was distributed by the “normal and regular means of communicating with the residents” of both districts, and added the complaint failed to “identify any specific language in the 2022 Spring Newsletter that asks voters to vote yes.”  He stated that the complainant merely referenced the 2022 Spring Newsletter and made “the conclusory unsupported statement that the newsletter is ‘Supporting a yes vote for August 2, 2022, Primary.’”    

Mr. Snure stated the “text of the 2022 Spring Newsletter is factual and objective,” did not ask citizens or voters to “vote yes,” explained that both districts placed the ballot measure on the ballot, and the reasons the Fire Commissioners of the two districts placed the merger measure on the ballot.  He stated that the “language used in the Article is neutral, objective and nonemotional” and added that the “only language that could possibly cause concern is the closing comment: “Thank you for supporting your Fire Districts!”    

Mr. Snure stated when that statement is “read out of context” he supposed it could be construed as asking voters to support the ballot measure but added that Chief Brett “consistently ends his Chief comments in newsletters with this phrase.”  He noted that was not Chief Brett’s intent in this instance.   He stated Chief Brett was the primary drafter of the newsletter, that the newsletter “was not submitted to the fire commissioners prior to publication”, and he “did not seek legal review as he believed the content complied with the PDC rules.”  

Mr. Snure stated that if the proposed merger plan is approved at the August 2, 2022, primary election, “the combined fire districts will be placing a levy lid lift measure on the November 2022 general election ballot.”  Finally, Mr. Snure stated that neither the Chelan County Fire District #1 and Douglas County Fire District #2 were involved in the production of the yard signs for the allegation listed in the complaint, and no public funds were used in relation to the signs in question.  

It appears that the Chelan County Fire District #1 and Douglas County Fire District #2 created factual information regarding the August 2, 2022, merger ballot proposition and disseminated it in a manner consistent with the “normal and regular” conduct of the two districts.   

Based on our findings that include that an administrative consolidation that took place between the Chelan County Fire District #1 and Douglas County Fire District #2 in 2021, and Fire Chief Brian Brett is the current Chief for both districts, staff has determined that, in this instance, the use of public funds to create and disseminate information about the proposed merger of the two districts appearing on the August 2, 2022, primary election ballot was allowable, and no evidence supports a finding of a violation that warrants further investigation.  However, PDC staff is reminding officials of Chelan County Fire District #1 and Douglas County Fire District #2  about the importance of limiting the content of any information produced by the two districts regarding any future ballot propositions to factual information in accordance with the statutes, rules and PDC Interpretation No. 04-02.   

Staff noted that the statements: (1) “We have this opportunity because of the amazing vision and planning of our past Fire Commissioners, Fire Chiefs, Volunteers, and personnel”; (2) “Our ability to recruit Volunteer Firefighters will increase because the opportunity for training and participation will double as a combined organization”; and (3) “the added opportunities for Volunteer Firefighters will help with retention” were more opinion than factual statements.  

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

July 07, 2022

Areas of Law

RCW 42.17A.555

Documents

• 110057 Chelan - Douglas Co FD Merger Election- Complainant Return Letter (Respondent).pdf
• Chelan -Douglas FD Response (Miller) PDC Case 110057.pdf
• Fire Chief Brian Brett Delcaration-attached documents (Miller) PDC Case 110057.pdf
• 110057 Officials of Douglas Co FD 2 and Chelan Co FD 1 Compliant.pdf