Sidhu, Satpal: Alleged Violation of RCW 42.17A.555 for supporting or opposing a ballot proposition during a public meeting (EY23, Oct23)

Case

#142918

Respondent

Satpal Sidhu

Complainant

Dena Jensen

Description

The Public Disclosure Commission (PDC) has completed its review of the complaints you filed on September 25, 2023, and October 23, 2023. The complaints alleged that Satpal Sidhu, the current Whatcom County Executive may have violated RCW 42.17A.555 by making statements in support of Whatcom County Proposition 2023-04 – Public Health, Safety, and Justice Sales and Use Tax, while attending the September 18, 2023, meeting of the Whatcom County Incarceration Prevention and Reduction Task Force Steering Committee.

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the response provided by the Respondent; PDC Interpretation 04-02; and other relevant information, to determine whether the record supports a finding of one or more violations. 

It appears that Executive Sidhu made comments as an elected official during a the Whatcom County Incarceration Prevention and Reduction Task Force Steering Committee meeting expressing his support of the passage of Whatcom County Proposition 2023-04 on the November 7, 2023, general election ballot, believing that, as he was responding to a direct inquiry, this was a permissible activity. He made a short statement that the Executive and other county officials support a new jail, as evidenced by the fact that it was placed on the ballot. The available evidence does not support a finding that he violated RCW 42.17A.555 given the statement’s brevity and content.

Based on our findings staff has determined that, in this instance, the comments made by the Respondent during a public meeting in response to an inquiry expressing his support of a ballot proposition, believing that his comments were a permissible action, does not amount to a finding of a violation that warrants further investigation. 

 PDC staff is reminding Satpal Sidhu about the prohibitions on the use of public facilities to support or oppose any ballot proposition and how to when the specific limited exceptions apply in the future in accordance with the statutes and 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 Reminder

Date Opened

October 04, 2023

Areas of Law

RCW 42.17A.555

Documents

• 142918 Sidhu, Satpal Reminder - Respondent.pdf
• 142918 Sidhu Satpal Complaint.pdf
• 142918 Sidhu Satpal Response.pdf
• 142918 Sidhu, Satpal Supplemental Complaint.pdf