The Silver Agency: Alleged violation of RCW 42.17A.345 and WAC 390-18-050 for failure to provide inspection of commercial advertiser books of account. (EY24, JUL24)

Case

#158990

Respondent

The Silver Agency

Complainant

Kyle Wheeler

Description

PDC staff reviewed the allegations and evidence you submitted; the applicable statutes, rules, and reporting requirements; the response(s) provided by The Silver Agency (the “Respondent”); and other relevant information to determine whether the record supports a finding of one or more violations.

Applicable Laws & Rules

RCW 42.17A.345 & WAC 390-18-050 require commercial advertisers, who have accepted or provided political advertising, or electioneering communications, to maintain current books of account and related materials, and to make the information available for public inspection.  The records must be maintained for five years following the election to which the records pertain.  Pursuant to RCW 42.17A.345, the documents and books of account shall specify: 1) the names and addresses of persons who placed political advertising or electioneering communications; 2) the exact nature and extent of the services rendered; and 3) the total cost and the manner of payment for the services.  WAC 390-18-050(6) and (7) further clarify what information the commercial advertiser must maintain and WAC 390-18-050(4) outlines how the information may be made available by the commercial advertiser.

 Background & Findings 

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

• The Silver Agency is an advertising, marketing, and design firm.  Chad and Coralee Taylor are the owners of The Silver Agency.  The company accepted and provided political advertising in 2024.
• PDC staff determined the following timeline related to your complaint filed on July 26, 2024:

7/30 – The complaint was reviewed by PDC staff, and based on what you told us in the complaint about how you attempted to request an inspection, it was suspected that you had not followed the in-person request process that was outlined as part of the resolution for case 149327.  You were a party to case 149327 and were aware of the in-person process outlined in the case resolution letter dated May 16, 2024. 

7/31 – Upon outreach by PDC staff, you confirmed that you had only done outreach via email using unconfirmed email addresses for the Respondent.

8/15 – PDC staff asked that you make an in-person request for the records, per the Respondent’s preferred process.

8/19 – You emailed Chad Taylor (the Respondent’s representative) requesting an in-person records review.

8/21 – Mr. Taylor responded back to you that an in-person visit was preferable, and they would appreciate advance notice.

8/21 - You let Mr. Taylor know that you would make an in-person visit on August 22, 2024.

8/29 – You informed PDC staff the records for The Silver Agency were not made available to you at the in-person visit conducted on August 22, 2024.

8/30 – You informed us that you received records via email late on August 29, 2024, and provided those records to the PDC.

9/3 – PDC staff reviewed the records and determined there were missing elements of required information.

9/10 – PDC staff let you know that we were opening a case and confirmed with you that the missing data had not previously been provided to you.

9/10 – The Respondent was notified of the case opening.

9/11 – PDC staff spoke with a representative of the Respondent and confirmed that they were in communication with you about the requested information.

9/12 – The Respondent provided the additional records and fulfilled the commercial advertiser books of account inspection request.

• Regarding the August 22, 2024, in-person inspection, Mr. Taylor said: 

When Kyle came in for his scheduled visit to review the records on August 22, 2024, both Coralee and I were unfortunately unavailable.  Coralee had an unplanned meeting, and I was out sick that day.  The employee who was present in the office at the time of Kyle’s visit was unfamiliar with where the binder containing the political ad sales records was kept.

I reached out to Kyle afterward to apologize for the inconvenience and offered to send the necessary records via email to avoid requiring another trip.  Kyle confirmed that receiving the records by email would be sufficient.  I provided him with the requested documents and followed up twice to ensure that he had everything he needed.  He responded that everything appeared in order and that he would reach out if any additional information was required.

Regarding the fulfillment process, the process has not changed. 

• The Respondent received a warning in case 149327 for noncompliance of RCW 42.17A.345 and WAC 390-18-050. 

Summary and Resolution

In this instance, it is a mitigating factor that the Respondent’s in-person process to inspect the books of account was not followed and that you did not communicate promptly with PDC staff when the requested materials were not provided to you at the in-person visit. 

PDC staff is reminding The Silver Agency about the importance to promptly respond to requests to inspect their commercial advertiser books of account and provide all required elements of information.  The Silver Agency’s attorney has outlined a process for the commercial advertiser to follow that will help them to comply with RCW 42.17A.345 and WAC 390-18-050.  PDC staff expects that, in the future, The Silver Agency will follow their attorney’s guidance as it applies to the PDC’s statutes and 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 Reminder

Date Opened

September 09, 2024

Areas of Law

RCW 42.17A.345, WAC 390-18-050

Documents

• 158990 CT Publishing Complaint.pdf
• 158990 The Silver Agency Complaint Return Letter (combined).pdf