Kent School District Officials: Alleged violation of RCW 42.17A.555 for misuse of public facilities or resources to support or oppose a candidate or ballot measure. (EY24 OCT24)

Case

#163926

Respondent

Kent School District Officials

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

• For details, see the Dismissal Letter.

Summary and Resolution

PDC staff is reminding Faith Sisley, Director of Communications and Public Affairs, about the importance of not using communications to KSD staff, during elections, that are promotional in nature or that can be construed as pressure or coercion to vote in a particular way.

Pursuant to WAC 390-37-060(1)(d), PDC staff are issuing this formal written warning to KSD staff, Dr. Wade Barringer, Deputy Superintendent, and Dave Bussard, Executive Director of Operations, concerning their participation in the “Levy Listening Session,” organized by the KSD, on October 15, 2024.  And Dr. Barringer is additionally warned about his presentation of information in the video “What happens if the Levy fails?” Furthermore, Dr. Barringer is also being warned for the March 12, 2024, email to staff directing them to campaign for the levy – stating, “This is a firm expectation that you request to be on the agenda of any community group that you belong to or attend meetings to present/play the levy ppt and distribute information.”  This formal written warning includes staff’s expectation that you will not in the future use public resources to influence the outcome of a ballot measure.  The Commission will consider the formal written warning in deciding on further Commission action if there are future violations of PDC laws or rules.

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

December 17, 2024

Areas of Law

RCW 42.17A.555

Documents

• Kent School District Officials Complaint (1).pdf
• Kent School District Officials Complaint (2).pdf
• Kent School District Officials Complaint (3).pdf
• Kent School District Officials Complaint (4).pdf
• PDC response 10-30-24 (1).pdf
• SOU - Case 162804 & 163926 - Kent School District.pdf
• 162804 and 163926 Kent School District Officials Dismissal Letter.pdf

Penalties