Burke, Karen: Alleged Violations of RCW 42.17A.235 & .240 for failure to timely & accurately report expenditures for vendor debt repayments & candidate loans owed on reports (EY19, Oct23)

Case

#143923

Respondent

Karen Burke

Complainant

Patricia Mullett

Description

Pursuant to the notice of brief enforcement hearing (brief adjudicative proceeding) sent to Karen Burke on July 23, 2024, a brief adjudicative proceeding was held on August 29, 2024, remotely from Olympia, WA. The purpose of the hearing was to consider whether Karen Burke violated RCW 42.17A.235 & .240 by failing to timely and accurately disclose expenditures for vendor debt repayments and outstanding candidate loans on Summary Full Campaign Contribution and Expenditure reports (C-4 reports).

The hearing was held in accordance with Chapters 34.05 RCW, 42.17A RCW and Chapter 390-37 WAC.

Having considered the evidence, the Presiding Officer finds as follows:

FINDINGS OF FACT

1. On February 11, 2019, Karen Burke filed the C-1 report, selecting the “Full Reporting” option and listing Camila Powell as Treasurer.

2. On October 17, 2023, PDC staff received a complaint filed by Patricia Mullett alleging that Karen Burke had violated RCW 42.17A.235 and .240, by failing to timely and accurately file Summary Full Campaign Contribution and Expenditure reports (C-4 reports) disclosing expenditures for vendor debt repayments and outstanding candidate loans.

3. The last C-4 report submitted by the Respondent for election year 2019 included activity from July 30 to August 31, 2019, and disclosed a cash-on-hand balance of $3,154.75 and $19,391.53 in outstanding liabilities. The debts owed were for services provided by Blue Spruce Strategies LLC in the amount of $13,391.53 and a $6,000 loan owed to the Respondent.

4. In her response to the complaint received January 16, 2024, the Respondent confirmed that her 2019 campaign had no outstanding debts, stating that she and her spouse paid the balance owed using personal funds.

 
CONCLUSIONS OF LAW

Based on the above facts, as a matter of law, the Presiding Officer concludes as follows:

1. This matter was duly and properly convened, and all jurisdictional, substantive, and procedural requirements have been satisfied.

2. Karen Burke violated RCW 42.17A.235 & RCW 42.17A.240 by failing to timely and accurately disclose expenditures for vendor debt repayments and outstanding candidate loans on C-4 reports.

ORDER

ON the basis of the foregoing Findings of Fact and Conclusions of Law,

1. IT IS HEREBY ORDERED that the Respondent shall file any missing campaign reports disclosing the payment or forgiveness of any outstanding debts reported as still owed as of August 31, 2019, within 30 days of this Order and is assessed a total civil penalty of $500 in accordance with the Brief Enforcement penalty schedule set forth in WAC 390-37-143. 
2. It is further ordered that $250 of the $500 penalty is suspended on the following conditions:
a. The non-suspended portion of the penalty ($250) is paid by the Respondent within 30 days of the date of this Order.
b. The Respondent files any missing reports disclosing the payment or forgiveness of any outstanding debts reported as still owed as of August 31, 2019, within 30 days of this Order.
c. The Respondent provides documentation to PDC staff regarding the above referenced debt payments, within 30 days of the date of this Order.  
3. It is further ordered that, if the Respondent fails to comply with any of the above conditions:
a. The full $500 penalty shall immediately become due without further action by the Commission and PDC Staff is directed to refer the matter to collections and/or commence other legal proceedings as authorized by RCW 42.17A and 390 WAC.
b. Any missing campaign reports shall be due immediately.
 

Disposition

Violation Found by Commission

Date Opened

October 24, 2023

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 143923 Initial Hearing Results - Respondent.pdf
• 143923 Burke Karen Complaint.pdf
• 143923 Burke Karen Response.pdf
• 143923 Burke Karen Memorandum to PO - Brief.pdf
• 143923 Burke Karen BAP Hearing Notice (Aug).pdf
• 143923 Burke Karen BAP Order.pdf

Penalties