State PDC dismisses case over RFA flier bias, but issues warning to Olympia, Tumwater
The Washington state Public Disclosure Commission has officially dismissed a case of election bias brought by three Thurston County residents alleging Olympia and Tumwater’s RFA informational flier was biased.
However, the two cities were issued a warning to ensure there aren’t any future issues.
A June 21 letter to the three complainants and the cities’ legal counsel stated PDC staff found “no evidence of further violations that would require conducting a more formal investigation into the complaint or pursuing any enforcement action in this instance.” The complaint ended with a staff review and never made it to the five-person commission.
The dismissal comes after residents Arthur West, Robert Shirley and Walt Jorgensen filed separate complaints in April stating the cities violated PDC law by using city facilities to produce and send out the informational flier that they said supported Proposition No. 1 of creating a Regional Fire Authority instead of merely providing facts. Shirley’s complaint alleged Olympia officials spent more than $20,000 in combined costs for printing and distributing.
Another complaint alleged the photographs used in the flier were in direct violation of state law because PDC rules forbid depiction of a body on an EMT stretcher or a house engulfed in flames. Another referenced the photos as well, alleging the cities’ flier provoked an emotional reaction and appeared to be in support of the proposition.
PDC compliance officer Kurt Young wrote that interpretation of PDC law regarding the use of city facilities to create and send out the information states it’s not only the right of cities to lay out the issues they’re facing, but their responsibility to do so.
But at the same time, Young made note that the cities need to ensure the content is “neutral or benign.” Some of the phrases in the fact sheet weren’t, including: “Fire and emergency medical services are among the most critical services provided to the community” and “Demand for service is outstripping the resources of the cities’ fire departments and is putting pressure on our ability to continue to provide quality fire and emergency medical services.”
Legal staff told Young the photos were stock images and did not depict or identify anyone as employees of Olympia or Tumwater. And the cities argued it’s important to depict the activities of a fire department, including responding to more than just fires.
The letter states the commission will consider the written warning to the two cities in any future PDC cases that arise.
Legal representation for the two cities responded to the complaints in a letter May 16. The response states the complaints were designed to whip up a frenzy against the RFA based on false claims. The letter states the complaints were the focal point of a one-sided media report in The JOLT website. In the end, the public voted against the RFA by 63.7%.
Russ Lehman, a former member of the PDC who worked with the complainants, said it’s upsetting the PDC essentially took no action. He said the commission missed an important opportunity to educate the City of Olympia and others what they can and can’t do using public money.
“It’s predictable and likely this exact thing will happen again very soon somewhere in Washington state,” Lehman said. “The PDC had a great opportunity to let them know what is permissible and what is not.”
Olympia spokesperson Kellie Purce Braseth said the two cities worked together to form a response to the case. She said the two cities have great respect for the work and mission of the PDC.
“We are pleased the PDC dismissed the complaints against the City of Olympia about the RFA mailer, and we believe that, like the press, the PDC serves a vital role in free and fair elections,” she said.
