Highline SD 401: Alleged violation of RCW 42.17A.555 by using public facilities to support a ballot proposition. (EY '22; Oct '22)

Case

#113641

Respondent

Highline School District 401

Complainant

Philip T. Mattern

Description

This case concerned an alleged violation of RCW 42.17A.555 by using public facilities to support a ballot proposition. 

PDC staff reviewed the allegations and evidence submitted; the applicable statutes, rules, and reporting requirements; the responses provided by Highline School District 401 (the “Respondent” or “Highline SD”); its district-wide mailer (fact sheet), website, social media posts, and digital ad content; and other relevant information to determine whether the record supports a finding of one or more violations.

Based on the attached findings, staff has determined that, in this instance, the use of school district resources to promote a ballot proposition does not amount to a violation that warrants further investigation.

However, PDC staff reminded Highline School District 401 officials about the importance of adhering to all of the Guidelines for School Districts in Election Campaigns which state that, in no case, will the PDC view a marketing or sales effort related to an election as normal and regular conduct. The school district was further reminded not to use school district resources to produce and distribute promotional content and to avoid statements that minimize the cost of a ballot proposition, speculate about the possible secondary or tertiary impacts of a ballot proposition and/or promote its fiscal management. If the cost of a bond is subject to change, we recommended the school district provide a best estimate in its fact sheet and refer the public to its website for up-to-date cost information.

PDC staff expects that, in the future, Highline SD will not use, or authorize the use of, school district facilities to promote a ballot proposition in accordance with PDC laws and rules.

Catherine Carbone Rogers, Chief Communications Officer of Highline School District 401, completed a Statement of Understanding (SOU) and paid a $600 civil penalty in accordance with WAC 390-37-143 (Brief Enforcement Penalty Schedule), acknowledging violating RCW 42.17A.555 by using, or authorizing the use of, the public agency facilities of the Highline School District to promote a ballot proposition in the 2022 General Election. The $600 penalty assessed resolves the allegations listed in this complaint.

Specific activity that was addressed in the SOU included the collection and distribution of: 

1) promotional content, including published quotes and messages from Highline SD students, faculty and/or staff containing emotional language and statements that implied support for the proposed new construction, improvements, and repairs. This content was distributed frequently over multiple communication channels, often accompanied by staged photos, some holding up design renderings for the proposed new construction; and

2) detailed and frequent information about how to vote, including the locations of ballot drop-boxes, ballot instructions, voting tips and links, that appeared to exceed similar efforts conducted for other elections in which the school district did not have a measure on the ballot. 

While the use of social media, digital ads and storytelling are widely used to communicate with audiences, they can also persuade audiences to take a particular action. The Respondent should exercise caution when using such tools to convey information regarding a ballot proposition to ensure that its communications are factual, fair, objective, and free of statements of support, emotional appeals, opinions, and other promotional or persuasive content. 

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

Resolved through Statement of Understanding (SOU)

Date Opened

October 28, 2022

Areas of Law

RCW 42.17A.555

Documents

• 113641 Highline SD 401 Initial Hearing Notice.pdf
• 113641 Highline School District 401 Response.pdf
• 113641 Highline SD 401 Initial Hearing Results (Respondent).pdf
• 113641 Highline SD 401 Initial Hearing Results (Complainant).pdf
• SOU - Case 113641, Highline SD 401.pdf
• 113641 Highline SD 401 SOU Dismissal _ Reminder Letter.pdf
• 113641 Highline School District 401 Complaint.pdf

Penalties