Kyle Markstrom: Alleged violation of RCW 42.17A.555 by using public office or agency facilities to assist an election campaign. (EY24, JUL24)

Case

#157492

Respondent

Kyle Markstrom

Complainant

Janice Banevich

Description

This case alleged a violation of RCW 42.17A.555 by using public office or agency facilities to assist an election campaign, specifically to endorse candidate Sean Swope.

PDC staff reviewed the allegations and evidence submitted; the applicable statutes, rules, and reporting requirements; the response provided by Kyle Markstrom (the “Respondent”); and other relevant information to determine whether the record supports a finding of one or more violations.

Based on the attached findings, staff has determined that, in this instance, including an official Port Commissioner email and website address on a personal Facebook page where election-related content was also present does not amount to a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Kyle  Markstrom received a formal written warning concerning the use of an official Port Commissioner email and website address on a personal Facebook page where election-related content was also present. The formal written warning included staff’s expectation that Kyle Markstrom not use public office-related facilities (resources) when expressing his personal views concerning supporting or opposing any candidate or ballot proposition, in accordance with RCW 42.17A.555 and WAC 390-05-271. The Commission will consider the formal written warning in deciding on further Commission action if there are future violations of PDC laws or rules.

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 Written Warning

Date Opened

July 30, 2024

Areas of Law

RCW 42.17A.555

Documents

• 157492 Markstrom Kyle Response.pdf
• 157492 Kyle Markstom Complaint.pdf
• 157492 Markstrom Kyle Warning Letter.pdf