Ticket Number: 
40824
Complainant: 
Roger Lenk
Respondent: 
Marie Mosley
Created Date: 
September 19, 2018
Status of Investigations: 
Case Closed with Written Warning
Description: 

On May 8, 2017, the Public Disclosure Commission received a complaint from Roger Lenk alleging that Steve Young, a City Council Member and Mayor of the City of Kennewick, may have violated RCW 42.17A.565 by soliciting a campaign contribution from Marie Mosley, the City Manager and an employee of the City of Kennewick, in support of Dan Newhouse, a candidate for U.S. House of Representatives.  The complaint also alleged that Ms. Mosley may have violated RCW 42.17A.555 by using her City of Kennewick email account to reply to Mayor Young’s purported solicitation for a campaign contribution. (For Steve Young, see Case 18253)  Staff found:

  • On June 10, 2014, when Steve Young was Mayor of the City of Kennewick and a member of the Kennewick City Council, he forwarded an email he had received from Anitra Beruti, concerning the details for a June 26, 2014 Tri Cities Lunch with Dan Newhouse, a candidate for U.S. House of Representatives, to Marie Mosley at her City of Kennewick email address.  Mr. Young forwarded the email using his personal phone and his private employer’s email account.   He did not use a City of Kennewick phone or the email system of the City of Kennewick to forward the email to Ms. Mosley, nor did he add any personal comments to the forwarded email.  
  • On June 11, 2014, Ms. Mosley replied to Mr. Young’s forwarded email by stating, “Thank you Steve for the invitation.  I would like to contribute towards a ticket ($100) but as I mentioned, I am planning on taking that day off so will not be able to attend the event.  I will provide you with the $100 to go towards the table or just as a contribution (so you can also find someone else to actually sit at your table and attend lunch).  Thanks!”   Ms. Mosley used her City of Kennewick email account to reply to Mr. Young’s forwarded email.

For Steve Young: It does not appear that Steve Young intended his forwarded email to be a solicitation for a campaign contribution from Marie Mosley to the 2014 Dan Newhouse campaign for Congress, an action that would be prohibited by RCW 42.17A.565.  Staff determined that, in this instance, Steve Young’s act of forwarding a campaign-related email to Marie Mosley does not appear to be an actual violation warranting further investigation.  However, Pursuant to WAC 390-37-060(1)(b), staff sent Steve Young a formal written warning that included staff’s expectation that he refrain from interactions with employees of the City of Kennewick that appear to be a solicitation of a contribution to a candidate for public office, political party, or political committee, and that he refrain from sending campaign-related material to city employees at their work site, such as Ms. Mosley’s city email account, because it increases the risk that the employee receiving the campaign material will respond to it using agency facilities.  The PDC found that no further action is warranted and dismissed this matter in accordance with RCW 42.17A.755(1).For Marie Mosley: Ms. Mosley’s use of her city email to correspond with Mr. Young about a campaign-related matter was mitigated by the fact that she was responding to an unsolicited email, and that she did not initiate the campaign-related conversation.  Staff determined that, in this instance, Marie Mosley’s use of her City of Kennewick email account to reply to Steve Young’s unsolicited, campaign-related email, does not appear to be an actual violation warranting further investigation.  However, pursuant to WAC 390-37-060(1)(b), staff sent Marie Mosley a formal written warning that included staff’s expectation that she refrain from using her City of Kennewick email account to assist any candidate or to promote or oppose any ballot proposition.The PDC found that no further action is warranted and dismissed this matter in accordance with RCW 42.17A.755(1).