Dxwlalip Leaders Sponsored by Tulalip Tribes of Washington: Alleged violation of RCW 42.17A.235 & .240 for failure to timely & accurately report a contribution. (EY24, May24)

Case

#154195

Respondent

Dxwlalip Leaders Sponsored by Tulalip Tribes of Washington

Complainant

Conner Edwards

Description

PDC staff reviewed the allegation(s); the applicable statutes and rules, and reporting requirements; the response(s) provided by the Respondent; the applicable PDC reports filed 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:

• Dxwlalip Leaders is a political action committee (PAC) created to help elect Tribal Members into every level of political office in Washington State.  The PAC is sponsored by Tulalip Tribes of Washington, a Federally Recognized Tribe, who are descendants and successors in interest to the Snohomish, Snoqualmie, Skykomish, and other allied bands signatory to the 1855 Treaty of Point Elliot.
• The Respondent first filed a Political Committee Registration (C-1pc) on October 15, 2021, for continuing committee status and the Full Reporting option. The current committee Chairperson is Teri Gobin, and the Treasurer is Ryan Miller.
• The Respondent filed a Cash Receipts Monetary Contributions (C-3) report on May 6, 2024, itemizing a contribution, deposited on March 15, 2024, for $100,000 from Tulalip Tribes of Washington.  A Campaign Summary Receipts & Expenditures (C-4) report, for period January 1, 2024, to April 30, 2024, was filed on May 6, 2024, also showing the $100,000 as a contribution.
• In their response from June 12, 2024, the Respondent said: [T]he report filed on 5/6/2024 indicated that a $100,000 depositwas made on 3/15 but this was simply a miscommunication internally, a contribution from the sponsoring entity of the dxwlalip leaders PAC was approved on that date but the deposit wasn’t actually made until 6/5/2024. 
• Per PDC Interpretation 12-01, “Pledges of $150 or more are reportable in Part 2 of Schedule B. Until redeemed or cancelled, the pledge will appear on the C-4 report, Schedule B, section 2.”
• Based on the guidance provided in PDC Interpretation 12-01, the Respondent reported the contribution of $100,000 incorrectly and should have reported the sum in April 2024 as a pledge on the monthly C-4 report.  Once redeemed in June 2024, the contribution should have been reported on a weekly C-3 report in June.  Because the PAC was not supporting or opposing any candidates in this period, the contribution should have been reported on the monthly C-4 report due in July.  The $100,000 was reported approximately one month late.
  • Note the pledge cannot be reported retroactively because the Online Reporting Campaign Activity (ORCA) system cancels out a pledge once redeemed and reported as a contribution.  The applicable reports in ORCA were amended on June 6, 2024, to reflect the deposit of the contribution on June 5, 2024. 
• The Respondent does not have other similar warnings or violations of PDC requirements.

Based on our findings staff has determined that, in this instance, failing to timely and accurately report a contribution does not amount to a finding of a violation that calls for further investigation.

Per WAC 390-37-060(1)(d), however, Dxwlalip Leaders sponsored by Tulalip Tribes of Washington will receive a formal written warning concerning the requirement under RCW 42.17A.235 and .240 for failing to timely and accurately report a contribution.  Staff expects the committee, moving forward, to follow all laws, rules and PDC guidance about filing timely and accurate reports of contributions.  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.

Based on this information, the PDC finds that no further action necessary and has dismissed this matter per RCW 42.17A.755(1).

Disposition

Case Closed with Written Warning

Date Opened

May 21, 2024

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 154195 Dxwlalip Leaders Sponsored by Tulalip Tribes of Washington Complaint.pdf
• 154194 Dxwlalip Leaders Sponsored by Tulalip Tribes of Washington Response.pdf
• 154194 Dxwlalip Leaders SP by Tulalip Tribes of WA Complaint Return Ltr (combined).pdf