Kent SD Officials: Alleged Violations of RCW 42.17A.555 for misuse of public facilities (EY22, Feb22)
Case
#103346
Respondent
Kent School District Officials
Complainant
Jeanette Burrage
Description
The Public Disclosure Commission (PDC) has completed its review of the complaint filed on January 31, 2022. The complaint alleged that Kent School District Officials (the District) may have violated RCW 42.17A.555 for misuse of public facilities by supporting a levy through a mailer.
PDC staff reviewed the allegations; the applicable statutes, rules; PDC Interpretation No. 01-03; and the response provided by Interim Superintendent Israel Vela on behalf of the Respondent, to determine whether the record supports a finding of one or more violations.
It appears that the inclusion of non-factual commentary in the District’s mailed brochure regarding the February 8, 2022 levy was due to a general lack of knowledge of what is and is not appropriate in accordance with RCW 42.17A.555 and PDC Interpretation No. 01-03. Staff found no evidence that Interim Superintendent Vela or other officials of the Kent School District intended directly to solicit support for the levy.
Based on our findings staff has determined that, in this instance, inclusion of non-factual language in a mailer regarding the February 8, 2022, levy does not amount to a finding of a violation that warrants further investigation.
Pursuant to WAC 390-37-060(1)(d), however, Kent School District Officials will receive a formal written warning concerning the inclusion of non-factual language in a mailed brochure regarding a levy. The formal written warning will include staff’s expectation that the District closely review future brochures, flyers or other written materials regarding bonds or levies to ensure that they are fact-based in accordance with RCW 42.17A.555 and PDC Interpretation No. 01-03. 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
February 02, 2022
Areas of Law
RCW 42.17A.555
Documents
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