Grays Harbor Fire District 8 Officials: Alleged violation of RCW 42.17A.555 for improper use of public resources or facilities for purposes of supporting or opposing a ballot measure (EY24 OCT24)

Case

#161316

Respondent

Grays Harbor Fire District 8 Officials

Complainant

Kathleen Hodge

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on October 12, 2024. The complaint alleged that officials of Grays Harbor Fire District 8, may have violated RCW 42.17A.555 by using public facilities or resources to support a ballot proposition in election year 2024.

PDC staff reviewed the allegations and evidence you submitted; the applicable statutes, rules, and reporting requirements; the response provided by Commissioners John Collum, Vivian Matsen and Thomas Greisamer (the “Respondents”); PDC Interpretation 04-02 Guidelines for Local Government; and other relevant information, to determine whether the record supports a finding of one or more violations.

It appears that although notice of the July 29, 2024, Grays Harbor Fire District 8 Special Fire Commissioner’s Meeting was timely posted to the district’s website and to the front of the community center, the agenda did not include the “full title and number of the ballot proposition”, nor were all members of the commission “afforded an approximately equal opportunity for the expression of an opposing view”, as one Commissioner was at best given informal, verbal notice of the meeting and did not attend.

After consideration of all the circumstances, further proceedings would not serve the purposes of the Fair Campaign Practices Act. Under WAC 390-37-070, the executive director, at any time prior to consideration by the Commission, may dismiss a complaint which on its face, or as shown by investigation, provides reason to believe that a violation has occurred, but also shows that the respondent is in substantial compliance with the relevant statutes or rules, or shows that formal enforcement action is not warranted. The executive director must report at each regular Commission meeting all complaints dismissed.

Pursuant to WAC 390-37-060(1)(d), however, the officials of Grays Harbor Fire District 8 will receive a formal written warning concerning the use of public facilities or resources to support a ballot measure. The formal written warning will include staff’s expectation that the Respondent comply with all laws and rule and follow PDC guidance for how the statutory prohibition on the use of public facilities or resources impacts campaign activities that may be contemplated by government employees and other persons who may seek to utilize those public facilities, and specifically adhere to all the components cited in the exception in RCW 42.17A.555(1) in the future. 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

October 28, 2024

Areas of Law

RCW 42.17A.555

Documents

• 161316 Grays Harbor Fire District 8 Officials Warning - Respondent.pdf
• 161316 Grays Harbor Fire District 8 Officials Complaint.pdf
• 161316 Grays Harbor Fire District 8 Officials Response.pdf