City of Puyallup Officials: Alleged violation of RCW 42.17A.555 for use of public resources or facilities to support or oppose a ballot measure. (OCT'23, EY'23)

Case

#143172

Respondent

City of Puyallup

Complainant

John Hopkins

Description

On September 26, 2023, the Public Disclosure Commission (PDC) received a complaint alleging that City of Puyallup officials, may have violated RCW 42.17A.555 by using public facilities/resources to promote a ballot proposition. 

PDC staff reviewed the allegations listed in the complaint to determine whether a formal investigation or enforcement action is warranted. Staff reviewed the attachment(s) submitted with the complaint, the relevant statute and rules; PDC Interpretation 04-02 “Guidelines for Local Government Agencies in Election Campaigns;” the October 13, 2023, response received from Steve Kirkelie, City Manager, on behalf of City of Puyallup Officials; and all other relevant information. 

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

The City of Puyallup issued a bond measure to fund a new public safety building. The proposition, which added a $56 million bond for the construction of a police station and jail, appeared in the November 2023 ballot. It failed to pass. 

RCW 42.17A.555 prohibits public officials and agencies from using or authorizing the use of facilities, directly or indirectly, for the purpose of promoting or opposing candidates or ballot propositions/measures. This prohibition does not apply to activities that are part of the normal and regular conduct of the public/local agency, as defined in WAC 390-05-273. 

The complaint alleged that the City of Puyallup Officials included inaccurate information that was not objective on the bond fact sheet. Specifically, you noted in your email follow up as part of subsequent correspondence regarding your complaint that “The mailer was sent out approximately a month ago. It is part of a blitz of support by council and the city manager. It is not objective. The most misleading statement is that the building is over 55 years old. Actually it was completely gutted down to the blocks and all systems replaced 30 years ago…. The damage is that the public has net [sic] been presented with options and alternatives.”

You also submitted a supplemental complaint on October 5, 2023, and attached a City of Puyallup newsletter – Blue and You.

In its response, the City of Puyallup, by way of City Manager Steve Kirkelie, stated: “The print piece you received from the complainant was created and distributed by the City to residents per RCW 42.17A.555 and is, in our opinion, a fair and objective presentation of the facts surrounding the new Public Safety Building project. This project is very complex, with many operational challenges that the public has a right to know. It is important that all the information be presented to voters in a digestive manner. City staff spent many hours reviewing this mailer’s text, visuals, and content to ensure compliance and to ensure that voters were educated about the project. And this was not the first-time residents have received information about the project. The Public Safety Building project has been brought to voters twice before, in February 2022 and November 2021. In both cases, an informational mailer was sent to voters about the project. This fulfills the normal and regular conduct clause outlined in your guidelines.”

Regarding the supplemental complaint, Mr. Kirkelie noted in his response on behalf of the City of Puyallup, that… “The second attachment the complainant included is a copy of our “Blue and You” Newsletter that the Puyallup Police Department distributes. This is the Puyallup Police Department’s regular newsletter, which goes out every quarter to a list of contacts that have signed up to receive notification from the Department. As such, this newsletter is a regular publication sent out as normal and customary conduct of the city.”

City Manager Kirkelie, in response to PDC staff questions, explained that the public safety building had some internal work done in the early 1990s, but the construction was not so extensive as to qualify as a demolishment and total rebuild.

Staff noted that the fact sheet was presented to voters in a manner that was fair and objective, providing both the reasons why the city pursued the project and the potential costs. Additionally, the quarterly “Blue and You” Newsletter is a normal and regular publication by the City. PDC Interpretation 04-02 “Guidelines for Local Government Agencies in Election Campaigns states that “(a)gencies may include all or part of the information regarding agency needs and the anticipated impacts of a ballot measure in the agency's regular publications, such as agency and department newsletters.”

Accordingly, the PDC staff found that no further action was required in this matter and dismissed the complaint in accordance with RCW 42.17A.755(1)(a).

Disposition

Case Closed with No Evidence of Violations

Date Opened

October 10, 2023

Areas of Law

RCW 42.17A.555

Documents

• 143172 City of Puyallup Supplemental Complaint Information.pdf
• 143172 City of Puyallup Complaint.pdf
• 143172 City of Puyallup Disposition Letter....pdf
• 143172 City of Puyallup Officials Complaint Response.pdf