NKSD Bond: Alleged violation of RCW 42.17A.320 for failure to provide complete sponsor Identification on campaign website (EY'24,DEC'23)

Case

#146686

Respondent

NKSD Bond Sponsored by Dennis Scott Henden

Complainant

Nancy Moffatt, Brandon Wieschhaus, Meredith Green, Cheryl Harris, Megan Boxman

Description

The Public Disclosure Commission (PDC) has completed its review of the complaints filed on December 27 and 28, 2023, and January 3, 2024. The complaints alleged that NKSD Bond (Sponsored by Dennis Scott Henden), a political committee registered with the PDC to oppose Resolution 10-01-2023 (Proposition 1) in the February 13, 2024, special election may have violated RCW 42.17A and chapter 390 WAC by using a committee name similar to the North Kitsap School District consequently implying that the school district was responsible for the advertisements opposing the bond. PDC staff reviewed the evidence and opened a case alleging violations of RCW 42.17A.320 for failing to include sponsor identification on a website.

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the response 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.

It appears that the missing sponsor identification on the Respondent’s website was a result of the limited experience and general lack of knowledge regarding sponsor ID requirements and not done to purposely conceal the sponsor’s name from the public. Staff found that the Respondent was registered as a political committee opposing the North Kitsap School District bond measure for the February 13, 2024, special election prior to receipt of the complaints, and the public could visit the PDC’s website to learn more about the committee.

In addition, while staff did not opine as to whether the use of the name NKSD Bond created confusion to the general public, staff found no merit to the allegation that the mere use of the name was a violation of any law or rule enforced by the PDC. Finally, the Respondent voluntarily made edits to their website to clarify their opposition to the bond and that they are not affiliated with the North Kitsap School District.

Based on our findings staff has determined that, in this instance, failure to include sponsor identification on written political advertisement, does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, the Respondent will receive a formal written warning concerning failure to include the required sponsor identification on written political advertisement. The formal written warning will include staff’s expectation that NKSD Bond reviews all political advertisement to ensure it includes sponsor identification prior to being made available to the public. 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

January 03, 2024

Areas of Law

RCW 42.17A.320