Bird, Misipati Semi: Alleged violations of RCW 42.17A.235 and .240 for failure to timely and accurately file the mandatory post election C-4 for election year 2021 (EY'21, APR'24)

Case

#151419

Respondent

Misipati Bird

Complainant

Robert Parker

Description

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

• On April 22, 2021, the Respondent filed a Candidate Registration (C-1) for School Director in the Richland 400 School District and selected the Mini Reporting option.  On August 27, 2021, the registration was amended to reflect the candidate receiving PDC approval to convert to the Full Reporting option.
• On July 16, 2021, the Respondent filed the Personal Financial Affairs Statement (F-1) as required of a candidate, for the period April 22, 2020, to April 21, 2021.  This filing was untimely, and the violation was addressed in PDC Case 95488. All other F-1 filings while the Respondent served as an elected official were filed timely.
• During the case review, PDC staff determined that two Receipts and Expenditure Summary (C-4) reports for election year 2021 were missing.  The reports were subsequently filed, albeit untimely.  In 2021 the financial activity threshold for filing monthly campaign reports was $200. 
  • The C-4 for the period of October 26, 2021, to November 30, 2021, filed on May 10, 2024, showed $546.12 for receipts received and $276.63 for expenditures.  The Cash Receipts, Monetary Contributions (C-3) reports for the receipts were filed timely.
  • The C-4 covering the period of December 1, 2021, to December 31, 2021, filed on May 10, 2024, showed $.01 in receipts received and $430.50 in expenditures.
  • Both C-4 reports were filed late, but this is mitigated by the fact that the primary expenditures during these two periods were the candidate paying themselves back for a loan, payment of a PDC civil penalty, and small expenditures for post-election campaign management.
  • A third C-4, for the period of September 1, 2021, to October 1, 2021, was amended on May 22, 2024, to reflect a non-bank transaction expenditure of $14.86 for credit card processing.
  • A fourth C-4 for the period October 12, 2021, to October 25, 2021, was amended on May 20, 2024, to adjust carry forward balances.
• The campaign’s final C-4 shows a negative cash on hand balance of $14.32. If the campaign were for a current election, the PDC would normally have the reporting issue remedied, but because the issue is for a 2021 campaign and involves such a small negative balance, there is limited value in having the Respondent remedy the issue in their reporting.
• The Respondent, at the time the noncompliance for reporting occurred, did not have other similar warnings or violations of PDC requirements.

During his 2021 campaign for School Director, Mr. Bird was a first-time candidate, his campaign was small, and it was volunteer based. His wife, Ann Bird, was the Treasurer of that campaign, but following your complaint, Mr. Bird hired Ayers Consulting LLC to review the reporting and make the necessary corrections.  In this case, the amended and missing reporting was not intentional and did not deprive the public of critical information. 

Based on our findings staff has determined that, in this instance, failure to timely and accurately file Receipts and Expenditure Summary (C-4) reports for election year 2021 does not amount to a finding of a violation that calls for further investigation.

Per WAC 390-37-060(1)(d), however, Semi Bird will receive a formal written warning concerning the requirement under RCW 42.17A.235 and .240 for failure to timely and accurately file post-election Receipts and Expenditure Summary (C-4) reports for election year 2021.  Staff expects that Mr. Bird, moving forward, will follow all laws, rules, and PDC guidance pertaining to the timely and accurate submission of reports.  If violations of PDC laws or rules occur in the future, the Commission will consider this formal written warning in deciding on further Commission action.

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

Disposition

Case Closed with Written Warning

Date Opened

April 03, 2024

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 151419 Bird Misipati Semi Complaint.pdf
• 151419 Bird_Misipati Semi Response.pdf
• 151419 Bird_Misipati Semi Complaint Return Letter (combined).pdf