Fortney, Adam: Alleged violation of RCW 42.17A.555 by using public office/agency facilities to assist an election campaign. (EY23; Nov22)

Case

#115027

Respondent

Adam Fortney

Complainant

SHARI IRETON

Description

This case alleged a violation of RCW 42.17A.555 by using public office/agency facilities (e.g., official uniform, county vehicle, and county photos) to assist a 2023 election campaign. 

PDC staff reviewed the allegations and evidence submitted; the applicable statutes and rules; the responses provided by the Respondent; the Facebook posts of the Respondent and Snohomish County Sheriff’s Office (SCSO); 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, 1) sharing agency photos; and 2) posting non-agency photos that depict subjects engaged in official county business and/or using county resources on the Respondent’s political candidate Facebook page located at www.facebook.com/adamfortneyforsheriff do not amount to a violation that warrants further investigation.

However, PDC staff reminded Adam Fortney about the importance of not using public office/agency resources (facilities) to assist a campaign for election. He was urged to exercise caution when sharing or posting photos on his political candidate Facebook page at www.facebook.com/adamfortneyforsheriff that were taken on the job and/or feature or utilize county resources (e.g. buildings, uniforms, vehicles, staff time) to ensure they comply with RCW 42.17A.555. PDC staff expects that, in the future, all the photos posted to the Respondent’s political candidate Facebook page will meet the criteria for permitted use set forth in .555 and the PDC’s Guidelines.

The PDC also reminded Snohomish County Sheriff’s Office (SCSO) that RCW 42.17A.555 prohibits public agency employees from using public resources to assist a campaign, and that sharing any posts that originate from the Facebook page of a candidate on the agency’s official Facebook page or other social media platforms could violate PDC laws and rules. Even if the content on the candidate’s Facebook page is not promotional, the act of sharing it has the result of advertising a page that is promotional. PDC staff expects that, in the future, SCSO will not forward or share posts from candidates on its official Facebook page or other official social media sites. We shared this information with SCSO’s Director of Communications, who was copied on this letter.

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 Reminder

Date Opened

December 14, 2022

Areas of Law

RCW 42.17A.555

Documents

• 115027 Fortney Adam Reminder Letter.pdf
• 115027 Fortney Adam Response.pdf
• 115027 Fortney Adam Complaint.pdf