Regular Commission Meeting

Thursday, March 23, 2017 - 9:30am

Public Disclosure Commission

711 Capitol Way, Room 206 | Olympia, Washington 98504

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Note: All times shown for consideration of agenda items (other than time of convening) are approximate and may vary, depending on the amount of discussion required for each.

Meeting Agenda:

9:30 a.m. Convene

Public Comment

Meeting Minutes

• January 26, 2017 Regular Meeting

• February 8, 2017 Special Commission Meeting

• February 23, 2017 Regular Meeting

Presenter: Commission Chair Anne Levinson

9:35 a.m. Introduction

New PDC Assistant Director - Barbara Sandahl

9:40 a.m. Report to Commission (PDC Review of 45-Day Citizen Action Complaint)

(PDC Review of 45-Day Citizen Action Complaint)

Port of Tacoma Officials (Port) (John Wolfe, CEO, and Commissioners Don Johnson, Connie Bacon, Dick Marzano, Don Meyer, and Clare Petrich): PDC Case 11701; Economic Development Board for Tacoma-Pierce County (EDB): PDC Case 11702; and Tacoma-Pierce County Chamber (Chamber): PDC Case 11703, Involving alleged violations of:

(A) RCW 42.17A.555 (Port) by using the Port's facilities to oppose Tacoma Initiatives 5 and 6 by engaging in a previously unknown media communications and public relations campaign; and

(B) Involving alleged violations of RCW 42.17A.255 and RCW 42.17A.205, .235, and .240 (Port, EDB & Chamber) by failing to report costs associated with a previously unknown media communications and public relations campaign as Independent Expenditures, and as expenditures of a registered political committee.

Presenter: Phil Stutzman

10:25 a.m. Report to Commission (PDC Review of 45-Day Citizen Action Complaint)

(PDC Review of 45-Day Citizen Action Complaint)

Washington Federation of State Employees and American Federation of State County and Municipal Employees (AFSCME) Council 28: PDC Case 14266: Involving alleged violations of RCW 42.17A.205, .235 and .240 for failing to register and report the activities of a segregated fund account as a political committee.

Presenter: Kurt Young

10:50 a.m. Request for Reconsideration

Peter Swant: PDC Case #10086: Mr. Swant is an incumbent Port Commissioner for the Port of Walla Walla who was required to file an annual Personal Financial Affairs Statement (F-1 report) for calendar year 2015 no later than April 15, 2016. Mr. Swant failed to file his annual F-1 report, and was found in violation of RCW 42.17A.700 at a January 20, 2017 Brief Enforcement hearing and was assessed a $1,000 penalty. Mr. Swant requests review of the penalty assessed by the Presiding Officer.

Presenter: Kurt Young

11:10 a.m. Report to Commission

Grant County Concerned Voters (Ken Greene and Jerry Moberg): PDC Case 2138 Involving alleged violations of:

(A) RCW 42.17A.205, .235, and .240 by failing to register and report Grant County Concerned Voters (GCCV) as a political committee to report campaign activity totaling $3,872.10 during the November 2014 Grant County Prosecutor General Election campaign;

(B) RCW 42.17A.320 by using the assumed name “Grant County Concerned Voters” as the sponsor of Electioneering Communication Political Advertising, and failing to include the name of the actual sponsors (Ken Greene and Jerry Moberg) and failing to include other required sponsorship language;

(C) RCW 42.17A.305 by failing to file a C-6 Report of Electioneering Communication Political Advertising totaling $3,872.10 for direct mail political advertising supporting Angus Lee and opposing Garth Dano; and

(D) RCW 42.17A.435 by incurring expenditures in a manner to conceal the Respondents’ identities (Ken Greene and Jerry Moberg) as the sponsors of Electioneering Communication Political Advertising totaling $3,872.10 for direct mail political advertising supporting Angus Lee and opposing Garth Dano.

Presenter: Phil Stutzman

12:15 p.m. Executive Session/Working Lunch

Discussion of matters allowed in executive session pursuant to RCW 42.30.110, including but not limited to discussion of enforcement matters, pending and potential litigation with legal counsel, and review of performance of public employees. Possible action regarding pending litigation, or other matters properly discussed during executive session, will be taken following the executive session.

1:15 p.m. Petition to Amend Rule

Review of January 26, 2017 petition to amend WAC 390-37-182 to add a section requiring first time violator candidates and political committees to attend PDC compliance training if they have violated any provisions of RCW 42.17A.200 to .550 (campaign finance reporting, political advertising, campaign contribution limits, and prohibitions on use of public resources/facilities).

Presenter: Evelyn Fielding Lopez

1:45 p.m. Request for Interpretation

Previously submitted as a request for a declaratory ruling, but then modified to a request for a Commission Interpretation. Conner Edwards requests the Commission to clarify:

(A) Information to be provided when reporting media buys (specifically whether the “run date” of the advertisement must be reported);

(B) Details to be reported when reimbursing campaign volunteers or agents for out of pocket expenses;

(D) Details to be reported when making payments to offset lost salaries or wages as a result of campaigning.

Presenter: Evelyn Fielding Lopez

2:15 p.m. Staff Reports

Enforcement Evelyn Fielding Lopez and Barbara Sandahl
Chief Information Officer James Gutholm
Assistant Director Barbara Sandahl
Executive Director Evelyn Fielding Lopez

3:30 p.m. Adjourn

Notes:

The Commission may deliberate in closed session on any enforcement matter on this agenda, or any matters listed in RCW 42.30.140.

Meeting Minutes:

Minutes.03.23.2017.pdf