Burien 2023: Alleged violations of RCW 42.17A.235,.240,.265 for failure to timely rpt contributions and expenditures; failing to timely report a last-minute contribution (EY23, Sept23)

Case

#145446

Respondent

Burien 2023

Complainant

Kelsey Vanhee

Description

PDC staff reviewed the allegation(s); the applicable statutes, rules, and reporting requirements; the response(s) provided by the Respondent; the applicable PDC reports filed by the Respondent; and other relevant information, to determine whether the record supports a finding of one or more violations.

Based on staff’s review, we found the following:

• Sandra Cook-Bensley (Respondent) is the Treasurer, and sole officer, for the Alliance for Civic Involvement PAC (PDC Case 142488), Burien/SeaTac Alliance (PDC Case 145444), Burien 2023 (PDC Case 145446), and SeaTac 2023 (PDC Case 145448), (the Committees). 
• Discovered through the case review were two associated committees, Burien 2023 and SeaTac 2023, and these were added to the complaint. Additional allegations, as cited below, were also included in the complaint.
• The Committees all filed Political Committee Registration (C-1pc) forms and chose the Full Reporting option.
• The Respondent does not have other similar warnings or violations of PDC requirements.
• Burien 2023 did not participate in the primary election, and there was no reporting required prior to August 1, 2023.  The committee did participate in the general election.  Eight of the committee’s C-3s for contributions received between August 18, 2023, and October 15, 2023, were submitted late.  The 21-day pre-election C-4 was filed 10 days late and amended on November 27, 2023, to include revised contribution and expenditure data that would have been beneficial to the public before the election.  The 7-day pre-election C-4 was filed six days late and amended on November 27, 2023, to include revised expenditure data that would have been beneficial to the public prior to the election. The post-election C-4 was filed timely.
• Burien 2023 benefited from the website paid for by ACI.  An in-kind contribution from ACI to Burien 2023 should have been reported in September 2023 but was not reported until after the election on November 27, 2023.
• During the period of 10/17/23 – 11/6/23, Burien 2023 contributed $6,600 to Burien/SeaTac Alliance on October 19, 2023. The contribution amounts and the period in which the contribution was received triggered the requirement to file a LMC report for the transaction. The report was not complete until after the election on January 3, 2024.

Pursuant to WAC 390-37-060(1)(f), Sandra Cook-Bensley, on behalf of the Committee, completed a Statement of Understanding (SOU) and paid a $750 civil penalty in accordance with WAC 390-37-143 (Brief Enforcement Penalty Schedule), acknowledging violations of RCW 42.17A.235 and RCW 42.17A.240 by failing to timely and accurately disclose contributions and expenditures on Cash Receipts, Monetary Contributions (C-3) reports, and Receipts & Expenditure Summary (C-4) reports; and RCW 42.17A.265 by failing to disclose contributions of $1,500 or more, in the aggregate, given or received within 21 days of a general election on a Last Minute Contribution (LMC) report. The $750 penalty assessed resolves the allegations listed above.

Based on this information, the PDC finds that no further action necessary and has dismissed this matter per RCW 42.17A.755(1).

Disposition

Resolved through Statement of Understanding (SOU)

Date Opened

November 30, 2023

Areas of Law

RCW 42.17A.235, RCW 42.17A.240, RCW 42.17A.265

Documents

• 145446 Burien 2023 Complaint.pdf
• 145446 Burien 2023 Response (revised).pdf
• 145446 Burien 2023 Initial Hearing Results Letters (combined).pdf
• SOU - Cases 142488.145444.145446.145448.pdf
• 142488_ 145444_145446_145448 Multi-Party Complaint Return Letter (combined).pdf

Penalties