Jaxx, Asukaa: Alleged Violation of RCW 42.17A.700 for failure to file a Personal Financial Affairs Statement (F-1 Report) within two weeks of candidacy (June '23; EY '23)

Case

#137903

Respondent

Asukaa Jaxx

Complainant

Robert Parker

Description

Pursuant to the brief enforcement hearing (brief adjudicative proceeding) notice sent to Asukaa Jaxx on August 15, 2023, a brief adjudicative proceeding was held on September 14, 2023, remotely from Olympia, WA by live audio and online transmission, to consider whether the Respondent violated RCW 42.17A.700 by failing to timely file a Personal Financial Affairs Statement (F-1 report) within two weeks of becoming a candidate in election year 2023, which was due to be filed no later than June 2, 2023.

The hearing was held in accordance with Chapters 34.05 RCW, 42.17A RCW and Title 390-37 WAC.

Having considered the evidence, the Presiding Officer finds as follows:

FINDINGS OF FACT

1. Asukaa Jaxx was a candidate for Seattle City Council, District 3 in the August 1, 2023, Primary Election. Ms. Jaxx’s name will not appear on the November 7, 2023, General Election.
2. Ms. Jaxx submitted an official write-in form with King County Elections declaring her candidacy for Seattle City Council on May 25, 2023.
3. On September 27, 2022, Asukaa Jaxx filed the C-1 report, selecting the “Full Reporting” option and listing Seamus Mattewson as Treasurer.
4. The Respondent did not file the F-1 report by the date of the enforcement hearing.
5. The Respondent has no prior violations.

CONCLUSIONS OF LAW

Based on the above facts, as a matter of law, the Presiding Officer concludes as follows:

1. This matter was duly and properly convened, and all jurisdictional, substantive, and procedural requirements have been satisfied.
2. The Respondent violated RCW 42.17A.700 by failing to file the F-1 report by June 2, 2023.

 ORDER

ON the basis of the foregoing Findings of Fact and Conclusions of Law,

1. IT IS HEREBY ORDERED that the Respondent shall file the missing F-1 report within 30 days of this Order and is assessed a total civil penalty of $250, in accordance with the candidate F-1 penalty schedule set forth in WAC 390-37-143. 
2. It is further ordered that $100 of the $250 penalty is suspended on the following conditions:
3. The Respondent is not found to have committed any further violations of Chapter 42.17A RCW or Title 390 WAC within four years of the date of this Order. The suspended penalty shall not be assessed based solely upon any remediable violation, minor violation, or error classified by the Commission as appropriate to address by a technical correction. 
4. The non-suspended portion of the penalty ($150) is paid by the Respondent within 30 days of the date of this Order.
5. The Respondent files the missing F-1 report within 30 days of this Order.
6. It is further ordered that, if the Respondent fails to comply with any of the above conditions:
7. The full $250 penalty shall immediately become due without further action by the Commission and PDC Staff is directed to refer the matter to collections and/or commence other legal proceedings as authorized by RCW 42.17A and 390 WAC.
8. The missing F-1 report shall be due immediately.

Disposition

Violation Found by Commission

Date Opened

June 06, 2023

Areas of Law

RCW 42.17A.700

Documents

• 137903 Jaxx Asukaa Candidate F-1 Order.pdf
• 137903 Initial Hearing Results - Respondent.pdf
• 137903 Jaxx Asukaa Complaint.pdf
• 137903 Jaxx Asukaa BAP Hearing Notice.pdf
• 137903 Jaxx Asukaa Memorandum to PO - Brief.pdf

Penalties