Kimsey, Greg: Alleged violation of RCW 42.17A.235 and .240 for failure to disclose a contribution from a surplus committee to a campaign committee (OCT'22 EY'22)

Case

#113070

Respondent

Greg Kimsey

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) completed its review and assessment of the complaint filed on October 6, 2022. The Complainant, Glen Morgan, alleged that Greg Kimsey, incumbent Clark County Auditor, a candidate for re-election to office in 2022, may have violated RCW 42.17A.235 and RCW 42.17A.240 by failing to disclose a transfer of surplus funds to his 2022 campaign committee.

Based on staff’s review, we found the following:

  • On February 9, 2019, Greg Kimsey filed a candidate registration selecting the Full Reporting Option and listing Mr. Kimsey as the Treasurer. Mr. Kimsey is the incumbent Clark County Auditor since being elected to the office in 1999.
  • Greg Kimsey has a registered surplus funds account, identified as Kimsey Gregory A Surplus Acct (Surplus), and has filed reports disclosing activities since 2001.
  • On March 8, 2019, the 2022 Campaign to Re-elect Greg Kimsey (Campaign) filed a Monetary Contributions report (C-3 report) disclosing the receipt of a $7,000 transfer of surplus funds from the Surplus account as ‘Miscellaneous Receipt’.
  • In accordance with RCW 42.17A.235, Mr. Kimsey is required to file a C-4 report whenever funds expended exceed $200 since the last report was filed. The $7,000 transfer of funds from the Surplus account was required to be disclosed on a C-4 report no later than April 10, 2019.
  • Once he was notified of the complaint and the filing omission, Mr. Kimsey took prompt action by contacting PDC Filer Assistance, and on October 12, 2022, he filed the missing Surplus account C-4 report.

The late filing of the C-4 report for the Surplus account is mitigated by the facts that Greg Kimsey has no prior PDC violations, and the campaign timely disclosed the $7,000 transfer of funds from the Surplus account into the Campaign account. 

Based on our findings staff has determined that, in this instance, failure to timely file the C-4 report covering March 2019 does not amount to a violation that warrants further investigation.

However, pursuant to WAC 390-37-060(1)(d), Greg Kimsey will receive a formal written warning concerning the failure to timely disclose the transfer of funds from the Surplus account into the Campaign account. The formal written warning will include staff’s expectation that Greg Kimsey will timely file all required reports for both Surplus and Campaign funds for the remainder of this election cycle and for all future campaigns, and for any future surplus fund expenditures. 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 12, 2022

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

Subscribe for updates

{{statusMessage}}

To subscribe to this case, enter your email address in the form below and click "Send confirmation link" button. You will be sent a secure link via email that will confirm your subscription.


An email containing a link to confirm your subscription to this case has been sent to {{ email }}.

If you do not receive an email within a few minutes, please check your junk mail or mail filters.

Send again

{{statusMessage}}