John Cummings: Alleged violation of RCW 42.17A.710 for failure to accurately report income on the Personal Financial Affairs F-1 report (CY23 JUL24)

Case

#157287

Respondent

John Cummings

Complainant

Theresa Diane Clarkson

Description

PDC staff reviewed the allegations and evidence you submitted; the applicable statutes, rules, and reporting requirements; the response(s) provided by John Cummings (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.

Background & Findings 

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

• John M. Cummings filed a Candidate Registration (C-1) report on January 19, 2024, amended on May 8, 2024, for the Full Reporting option.  The campaign start date was January 8, 2024, and the candidate filed a Candidate Declaration with the Secretary of State on May 6, 2024.
• Mr. Cummings first filed their Personal Financial Affairs (F-1) report on March 25, 2024. This report should have been filed within two weeks of becoming a candidate and was therefore two months late. 
• You alleged that Mr. Cummings did not disclose personal income and professional affiliations on the F-1.  There was no evidence that Mr. Cummings did not disclose personal affiliations.  Upon reviewing his own record, Mr. Cummings also discovered he had not previously disclosed student debt and promptly reported that information.  Mr. Cummings acted at once following the complaints and filed the required personal income information.
• During the case review, we determined that some of the missing information was caused by difficulties that Mr. Cummings had in filing through our online system. Based on what Mr. Cummings has told us, it is possible that he was using a computer with an outdated operating system or browser and that may have caused some of the late reporting issues. 
• Mr. Cummings does not have previous warnings or violations of PDC requirements.

Pursuant to WAC 390-37-060(1)(d), however, John Cummings will receive a formal written warning concerning RCW 42.17A.710 and his failure to accurately report on the Personal Financial Affairs (F-1) report in election year 2024.  The formal written warning will include staff’s expectation, moving forward, that Mr. Cummings ensures his Personal Financial Affairs reporting is accurate and timely.  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

July 25, 2024

Areas of Law

RCW 42.17A.710

Documents

• 157287 Cummings_John Response.pdf
• 155941 John Cummings Complaint.pdf
• 157287 John Cummings Complaint (2).pdf
• 157287 Cummings_John Complaint Return Letter (combined).pdf