Kent School District: Alleged violation of RCW 42.17A.555 for improper use of public facilities or resources for the purpose of supporting or opposing a ballot measure or candidate (EY24 AUG24)

Case

#162804

Respondent

Kent School District

Complainant

Joseph Michael Riley

Description

The Public Disclosure Commission (PDC) completed its review of the complaints filed by Joseph Riley on August 1, 2024, and October 20, 25, 26 and 29, 2024.  The complaints alleged violations of RCW 42.17A.555 for use of public facilities or resources to support or oppose a ballot measure/proposition during the 2024 elections.
Applicable Laws and Rules

RCW 42.17A.555 prohibits elected or appointed officials, their employees, and employees of a public office or agency from using, or authorizing the use of, public office/agency facilities (resources), directly or indirectly, for the purpose of assisting an election campaign or for the promotion of, or opposition to, any ballot proposition.

WAC 390-05-271 states that .555 does not restrict the right of individuals to express their own personal views concerning supporting or opposing any candidate or ballot proposition, provided that such expression does not involve the use of public office or agency facilities. The rule also says that .555 does not prevent a public officer or agency from 1) making facilities available on a nondiscriminatory, equal access basis for political uses; or 2) making an objective and fair presentation of facts relevant to a ballot proposition (commonly referred to as a “Fact Sheet”) provided such action is part of the office or agency’s normal and regular conduct.

Background and Findings

• See the Dismissal Letter for further details

Summary and Resolution

On April 25, 2025, Superintendent Isreal Vela completed a Statement of Understanding (SOU) and paid a $1,000 civil penalty in accordance with WAC 390-37-143 (Brief Enforcement Penalty Schedule), acknowledging violations of RCW 42.17A.555 by authorizing the use of KSD facilities to promote ballot measures included in the April 23, 2024 Special Election and November 5, 2024 General Election.  The $1,000 penalty assessed resolves the allegations outlined in the SOU.

After consideration of all the circumstances, further proceedings would not serve the purposes of the Fair Campaign Practices Act.  Under WAC 390-37-070, the executive director, at any time prior to consideration by the Commission, may dismiss a complaint which on its face, or as shown by investigation, provides reason to believe that a violation has occurred, but also shows that the respondent is in substantial compliance with the relevant statutes or rules, or shows that formal enforcement action is not warranted. The executive director must report at each regular Commission meeting all complaints dismissed.

Based on this information, the PDC has dismissed this matter in accordance with RCW 42.17A.755(1).

 
 

Disposition

Resolved through Statement of Understanding (SOU)

Date Opened

November 26, 2024

Areas of Law

RCW 42.17A.555

Documents

• 142420 Kent SD Officials Complaint.....pdf
• 162804 Kent School District Complaint Response.pdf
• SOU - Case 162804 & 163926 - Kent School District.pdf
• 162804 and 163926 Kent School District Officials Dismissal Letter.pdf

Penalties