Myers, Clay: Alleged Violations of RCW 42.17A.555 for misuse of public facilities to support a candidate in a video (EY24, Feb24)

Case

#150082

Respondent

Clay Myers

Complainant

Terry Parker, Alyssa Duarte, Mike Curtis

Description

PDC staff reviewed the allegations; the applicable statutes, rules, the response(s) provided by the Respondent; 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:

• In 2019 Clay Myers was appointed to the office of Sheriff in Kittitas County.  He ran for election in 2020 for which he won and took office.  In 2023 he ran for re-election and is the current Sheriff of Kittitas County.
• It was alleged that Sheriff Clay Myers, as an elected official, violated RCW 42.17A.555 by causing the misuse of public facilities when he participated in a Zoom call and interview that resulted in materials used for an endorsement video promoting the candidacy of Dave Reichert in election year 2024 for Washington State Governor.
• PDC Interpretation No. 04-02, states in part, local government elected officials may engage in political activities on their own time, if no public equipment, vehicle, or facility is used.  An elected official may use their title so long as they clarify that they are speaking on their own behalf, and not on behalf of the agency.  They may also attend events and voice their opinion about a candidate or ballot proposition if they are not compensated and are not using any public equipment, vehicle, or other facility.
• Per WAC 390-37-060, in complaints where it cannot be decided the allegations are “obviously” baseless we open a case to conduct an initial review of available materials and ask questions. 
• In this instance, based on the video, the PDC opened a case because we could not figure out if Sheriff Myers was in a county issued uniform, using county issued technology while conducting the interview, or had intentionally used the Kittitas County Sheriff’s office shield and title.  After questioning, PDC staff found that the Sheriff was not in uniform, had not used public resources while taking the call or giving the interview, and had no prior knowledge the Kittitas County Sheriff’s office shield or his elected office title would be used.
• The PDC has contacted the Reichert4Governor campaign and requested the voluntary removal of the endorsement video because it does include other Washington State Sheriffs who are in county issued uniform or using public facilities.  The campaign has not responded to the PDC’s request.
• The Respondent does not have other similar warnings or violations of PDC requirements.

Based on our findings, the evidence does not support a violation of RCW 42.17A.555 for misuse of public facilities to support a candidate running for elected office in election year 2024.

The PDC finds that no further action is warranted and has dismissed this matter per RCW 42.17A.755(1) and WAC 390-37-060(1)(a).

Disposition

Case Closed with No Evidence of Violations

Date Opened

March 14, 2024

Areas of Law

RCW 42.17A.555

Documents

• 150082 Myers Clay Complaint 1.pdf
• 150082 Myers Clay Complaint 2.pdf
• 150082 Myers_Clay Response.pdf
• 150082 Myers Clay Complaint 3.pdf
• 150082 Myers_Clay Complaint Return Letter for Dismissal (combined).pdf