Regular Commission Meeting

Thursday, April 24, 2014 - 9:30am

Public Disclosure Commission

711 Capital Way, Room 206 | Olympia, Washington 98504

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 AM - I. Citizen Comments/Concerns | Commissioner Comments/Concerns | Minutes

Approval of Regular Meeting Minutes of February 27, 2014

Presenter - Chair Ranade

9:35 AM - IV. Rulemaking

Discussion and possible approval of draft language for converting to rule interpretive statements regarding personal financial affairs reporting modifications. Amend WAC 390-28-100 Reporting modifications - Possible qualifications - Statement of financial affairs.

Reporting Modification Interpretations:

02-03 Requests for Modification - Lawyers & Law Firms
02-04 Requests for Modification - Judges & Judicial Candidates
02-05 Requests for Modification - Motor Vehicle Dealers
02-06 Requests for Modification - Requirements to Report Information for Applicants Whose Spouses Create a Reporting Obligation

Disclosure of lobbying expenditures - Discussion and possible adoption of draft language adjusting dollar threshold amounts and defining entertainment.

Proposed new WAC 390-20-150 Changes in Dollar
Amend WAC 390-20-0101 Forms for lobbyist Registration
Amend WAC 390-20-020 Forms for Lobbyist Report of Expenditures
Amend WAC 390-20-052 Application of RCW 42.17A.635 – Reports of Agency Lobbying
Amend WAC 390-20-111 Form for Lobbyist Employers Report of Political Contributions
Amend WAC 390-20-120 Forms for Report of Legislative Activity by Public Agencies
Amend WAC 390-20-125 Forms for Registration and Reporting by Sponsors of Grass Roots Lobbying Campaigns
Amend WAC 390-20-143 Application of Lobbying Provisions to Organizations
Amend WAC 390-20-144 Registration and Reporting by Lobbyist Organizations

Presenter - Lori Anderson

10:05 AM - V. Compliance Advisory Matter re: Loans

Request from State Representative Jake Fey to reinstate loans from Representative Fey to his 2005 and 2010 campaigns that were forgiven in 2010.

Discussion of possible interpretation or advisory opinion re: loan reporting

Presenters - Lori Anderson; Andrea McNamara Doyle

10:15 AM - VI. Informational

US Supreme Court Decision on Campaign Finance McUtcheon et al. v. FEC [572 U.S. __ (2014)]

Presenter - Andrea McNamara Doyle

10:25 AM - VII. Legislative/Budget Report

Presenters - Andrea McNamara Doyle

10:35 AM - Break

10:45 AM - VIII. Reporting Modifications

New

Troy Clements, Candidate, Prosecuting Attorney, Yakima County

Renewals With Change

William S. Ayer, Regent , University of Washington

Renewals With No Change

Brett Buckley, Judge, Thurston County Superior Court
Grant Degginger, Member, Public Disclosure Commission
Deborah Ehrlichman, School Director, Shoreline School Board
Elizabeth Pike Martin, Judge, Pierce County Superior Court
Edward J. McKenna, Municipal Court Judge, City of Seattle
Leila Mills, Judge, Kitsap County District Court
Charles Quentin Powers, Trustee, Edmonds Community College
Amit Ranade, Member, Public Disclosure Commission
Palmer Robinson, Judge, King County Superior Court
Barre Seibert, Council member, City of Clyde Hill
Rebecca Stillings, Director, Rainier School District
Clair Sussman, Judge, Pierce County Superior Court
Nancy Whitten, Council member, City of Sammamish
Kalo Wilcox, Judge, Thurston County District Court

Presenter - Chip Beatty

10:55 AM - Request for Closed Hearing to Consider New Reporting Modification Application

WAC-390-28-080

Presenter - Andrea McNamara Doyle

11:05 AM - IX. Enforcement

Enforcement (45-day Citizen Action Complaint)

1. Mark Anderson, Spokane School District No. 81 (Spokane Public Schools) (Continuation of February 27, 2014 enforcement hearing) Case No. 12-145 involving alleged violations of RCW 42.17.130 (recodified January 1, 2012 as RCW 42.17A.555) by using or authorizing the use of school district facilities, including email accounts, to promote school district ballot propositions in 2009 and 2012. Acceptance by Respondent of Commission modification of Stipulation.

2. Yes on I-522 Committee, Case No. 14-011 involving alleged violations of RCW 42.17A.235 and .240 by failing to timely disclose in-kind contributions received from supporters of I-522.

3. Food Democracy Action! and Food Democracy Action! Yes on I-522 to Label GMOs in Washington (FDA-WA State PAC), Case No. 14-007 involving alleged violations of RCW 42.17A.205 by failing to timely register as a political committee; and RCW 42.17A.235 and .240 by failing to file reports of contributions and expenditures.

Presenter - Phil Stutzman

12:00 PM - Executive Session/Working Lunch

Discussion of pending and potential litigation with legal counsel. Possible action regarding litigation following the executive session.

1:00 PM - X. Strategic Plan Update

F-1 Review Status Report

Workgroup Recommendations
F-1 Survey Results
Stakeholder Meeting re: On-line Posting

Presenters - Lori Anderson; Andrea McNamara Doyle

1:30 PM - XI. Staff Reports

Executive Director, Andrea McNamara Doyle

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.04.24.2014.pdf

Meeting Summary

April 24, 2014, Volume 14 Issue No 3

Amit Ranade, Chair

Grant Degginger, Vice Chair

Kathy Turner, Member

Katrina Asay, Member

Food Democracy Action! And Food Democracy Action! Yes on I-522 to Label GMO’s in Washington (FDA-WA State PAC) PDC Case No. 14-007 involving alleged violations of RCW 42.17A.205 by failing to timely register as a political committee; and RCW 42.17A.235 and .240 by failing to file reports of contributions and expenditures. The Commission referred case to the Attorney General’s office for further consideration.

Mark Anderson, Spokane School District No. 81 (Spokane Public Schools) (Continuation of February 27, 2014 enforcement hearing) Case No. 12-145 involving alleged violations of RCW 42.17.130 (recodified January 1, 2012 as RCW 42.17A.555) by using or authorizing the use of school district facilities, including email accounts, to promote school district ballot propositions in 2009 and 2012.

Mr. Anderson, accepted the Commission’s modification to the February 27, 2014 stipulation of facts and violations changing the penalty amount to $1,000 with $500 suspended pending no further violations of RCW 42.17A.555 for a period of four years.

Strategic Plan Update

Staff reported the outcome and feedback from the stakeholder meeting and the online survey results regarding placing F1 reports online.

The Commission asked staff to continue with outreach, to seek feedback from stakeholders. This discussion will continue at a future meeting.

Rulemaking

Staff discussed converting long-standing interpretive statements regarding personal financial affairs reporting modification to rules and proposed draft language to amend WAC 390-28-100.

The Commission approved draft language for proposed amendments to:

WAC 390-16-100 Reporting modifications – Possible qualifications – Statement of financial affairs to include the identified language from Interpretation 02-03, 02-04, 02-05, and 02-06.

A public hearing to adopt the proposed rules will likely be scheduled for a later meeting.

Staff also proposed draft language for new WAC 390-20-150 and language to amend WAC’s 390-20-0101, 390-20-020, 390-20-052,390-20-110,390-20-111, 390-20-120, 309-20-125, 390-20-143, and 390-20-144 regarding adjusting lobbyist expenditure amounts.

The Commission approved the proposed language. A public hearing to adopt the proposed rules will likely be scheduled for a later meeting.

Filer Requests

The Commission granted a new Personal Financial Statement (F-1) reporting modifications that exempt:

Troy Clements, Candidate, from disclosing his personal residential address information, including street address, parcel number, or legal description, on his Personal financial Affairs Statement for the previous 12 months.

The Commission granted a renewal, with change to Personal Financial Statement (F-1) reporting modifications that exempt:

William S. Ayer, Regent, University of Washington, from disclosing the business customers that paid $10,000 or more during the reporting period to Alaska Air Group, an entity for which he is CEO.

The Commission granted renewals, with no change to Personal Financial Statement (F-1) reporting modifications to:

Brett Buckley, Judge, Thurston County Superior Court
Deborah Ehrlichman, School Director, Shoreline School Board
Elizabeth Pike Martin, Judge, Pierce County Superior Court
Edward J. McKenna, Municipal Court Judge, City of Seattle
Leila Mills, Judge, Kitsap County District Court
Charles Quentin Powers, Trustee, Edmonds Community College
Palmer Robinson, Judge, King County Superior Court
Barre Seibert, Council member, City of Clyde Hill
Rebecca Stillings, Director, Rainier School District
Clair Sussman, Judge, Pierce County Superior Court
Nancy Whitten, Council member, City of Sammamish
Kalo Wilcox, Judge, Thurston County District Court

The Commission meeting materials can be found at www.pdc.wa.gov under Commission Meetings. For additional information concerning these issues contact Lori Anderson, Communications & Training Officer, at (360) 664-2737, toll free 1-877-601-2828 or e-mail at landerson@pdc.wa.gov.

The next regular meeting of the Public Disclosure Commission is tentatively scheduled for May 22, 2014.