Mason Co Fire Protection Dist 6: Alleged Violation of RCW 42.17A.555 for misuse of public facilities to support a ballot proposition (EY21, Feb23)

Case

#121366

Respondent

Mason Co Fire Protection Dist 6

Complainant

Jeff Brittig

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on February 8, 2023. The complaint alleged that officials of the Mason County Fire Protection District #6 may have violated RCW.42.17A.555 for misuse of public facilities to support a ballot proposition.

PDC staff reviewed the allegations; the applicable statutes and rules; PDC Interpretation No. 04-02; and the response provided by Chair of the District Board of Fire Commissioners, Troy Woodard, and Chief Clint Volk on behalf of the Respondent; and other relevant information, to determine whether the record supports a finding of one or more violations.

It appears that the non-factual wording used in the first District mailer was not included in an effort to persuade voters to support the levy. The District has previously been warned regarding the use of non-factual information for this same levy and is expected to refrain from such activity in the future.

Based on our findings staff has determined that, in this instance, the creation and dissemination of a mailer containing a rebuttal or response to what the District believed was “misinformation” regarding the levy, does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, officials of the Mason County Fire Protection District #6 will receive a formal written warning concerning the misuse of public facilities to create a mailer including information about the District for the sole purpose of responding to political advertisement opposing a ballot proposition. The formal written warning will include staff’s expectation that, in the future, the District will refrain from using its resources for such purposes and use an alternative method to clarify any facts related to upcoming ballot propositions. 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 15, 2023

Areas of Law

RCW 42.17A.555

Documents

• 121366 Mason Co Fire Prot Dist 6 Complaint.pdf
• 121366 Mason Co Fire Prot Dist 6 Response.pdf
• 121366 Mason Co Fire Prot Dist 6 Warning - Respondent.pdf