Fortney, Adam: Alleged Violation of RCW 42.17A.555 for misuse of public facilities (EY23, Oct23)

Case

#143440

Respondent

Adam Fortney

Complainant

Didy Lea Kane

Description

PDC staff reviewed the allegation(s); the applicable statutes, rules, and reporting requirements; the response(s) provided by the Respondent; the applicable PDC reports filed by the Respondent; the Respondent’s data in the PDC contribution and expenditure database; and other relevant information, to determine whether the record supports a finding of one or more violations.

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

• The Respondent filed a Candidate Registration (C-1) report with the PDC on February 28, 2022, which was amended on January 23, 2023.  “Adam Fortney for Snohomish County Sheriff” (the Campaign) selected the Full Reporting option on its registration. 
• The Respondent served as Sheriff of Snohomish County with a term beginning January 1, 2020, and sought re-election to this same position in election year 2023.  Snohomish County Elections records show the Respondent did not participate in the Primary Election and advanced to the General Election.
• The complaint alleged a First Amendment violation and a lack of transparency committed by the campaign through the Sheriff’s Facebook campaign page.  The PDC does not have jurisdiction over First Amendment violations and will not pursue further review of this allegation.  The Fair Campaign Practices Code, WAC 390-32-010 to 030, provides guidance to candidates and political committees on how to conduct themselves during a campaign.  Complaints alleging a violation of the code must follow a very specific format with which your complaint did not conform, and we therefore cannot proceed with these allegations.
• RCW 42.17A.555 states in part, no elective official nor any employee in his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition.  The statute and PDC Interpretation No. 04-02 further clarify and explain what is considered a “facility,” as well as exceptions to the law.
• On March 29, 2021, Public Disclosure Commission (PDC) Staff received a complaint against Adam Fortney alleging a violation of RCW 42.17A.555 by using public office/agency facilities to assist an election campaign.  Staff conducted a case review (see case #89226), and on June 7, 2021, staff issued a reminder about the importance of avoiding even the appearance or perception of using agency facilities.
• On November 27, 2022, PDC Staff received a complaint against Adam Fortney alleging a violation of RCW 42.17A.555 by using public agency resources to assist a campaign.  Staff conducted a case review (see case #115027), and on February 27, 2023, staff issued a reminder about the importance of not using public office/agency resources to assist a campaign for election, even when a candidate does not consider themself to be “campaigning.”  Furthermore, Adam Fortney was reminded that as an elected official and public office agency/employee that he was subject to RCW 42.17A.555 regardless of the timing of campaign activities.  With that reminder, Adam Fortney was provided the PDC’s Guidelines for Local Government Agencies in Election Campaigns to assist in future compliance with the law. 
• On August 1, 2023, PDC Staff received a complaint against Adam Fortney alleging a violation of RCW 42.17A.555 by using public agency resources to assist a campaign.  On October 5, 2023, the PDC opened an investigation into the allegation (see case #140550), and on November 15, 2023, the PDC entered a Statement of Understanding (SOU) that included an admission of a violation and the payment of a civil penalty in the amount of $150.00. 
• Staff received your complaint on October 6, 2023, and opened a case on October 13, 2023, for further review of the allegations.  Staff’s review of the evidence found that Sheriff Fortney used his position as Sheriff of Snohomish County and his official email address in the pursuit of gathering information regarding the re-accreditation of the Snohomish County Sheriff’s Office.  Contacting and corresponding with the Washington Association of Sheriffs & Police Chiefs staff was within the scope of work for the Sheriff and per WAC 390-05-273 does fall within the definition of “normal” per their official duties.  However, staff found that the outreach was not “regular” per the definition in WAC 390-05-273 because Sheriff Fortney requested the information about the re-accreditation once it became an issue for him in his re-election campaign.  Further he turned the content of this outreach into materials used on his campaign Facebook page “Sheriff Adam Fortney” before requesting the materials release through the public records process.
• Sheriff Adam Fortney lost the 2023 re-election campaign, and his term of office ended earlier this year.

Based on our findings staff has determined that, in this instance, the misuse of public facilities does not amount to a violation that calls for further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Adam Fortney will receive a formal written warning concerning his use of agency facilities to create content for the purpose of supporting his re-election campaign for Snohomish County Sheriff.  PDC staff expects that, in the future, he will follow all applicable PDC laws, rules and guidance regarding the prohibition on the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office of for the promotion of or opposition to any ballot proposition.  If violations of PDC laws or rules occur in the future, the Commission will consider this formal written warning in deciding on further Commission action.

Disposition

Case Closed with Written Warning

Date Opened

October 16, 2023

Areas of Law

RCW 42.17A.555

Documents

• 143440 Fortney_Adam Response.pdf
• 143440 Fortney_Adam Complaint Return Letter (combined).pdf
• 143440 Fortney Adam Complaint.pdf