Two Olympia citizens file PDC complaints, contending city’s RFA flier is biased

UPDATE: PDC deputy director Kim Bradford sent an email Wednesday saying an official case against the City of Olympia has been opened regarding the two complaints. You can find case information on the PDC’s website.

Olympia resident Robert Shirley is one of two people who have submitted formal complaints to the state Public Disclosure Commission, alleging that City of Olympia employees knowingly produced and mailed an election flier biased in support of the creation of a joint Regional Fire Authority with Tumwater.

Kim Bradford, deputy director of the PDC, told The Olympian two complaints have been filed against the mailer, the one by Shirley and another by Olympia resident Arthur West, an open government activist. Both complaints are still under assessment, she said, and cases have yet to be opened.

According to the complaint Shirley shared with The Olympian, he is alleging the Fact Sheet sent to peoples’ homes in Olympia and Tumwater goes against state law because it was drafted by a public office and appears to be in support of a political campaign. Along with that, the complaint alleges the city spent more than $20,000 in combined costs for printing and distributing.

Shirley’s complaint says the flier sent by the city doesn’t include all the information necessary, nor does it provide a link to the 31-page RFA plan. Overall, it focuses on enhancing fire and EMS services while the actual ballot language is limited to the governing structure and funding, he contends.

Shirley’s complaint alleges several city employees were involved in creating the flier, including city manager Jay Burney, city attorneys Mark Barber and Michael M. Young, and spokesperson Kellie Purce Braseth.

The complaint also references a 2019 PDC complaint against City of Olympia employees for a similar situation. It ended with former City Manager Steve Hall paying a $10,000 fine. Shirley makes mention that several of the employees referenced in his April 12 complaint were employed at the time of the previous violation.

Though the flier doesn’t directly tell the public to vote yes or no on the measure, Shirley’s complaint says the PDC review considers the tone and tenor of communication. The review is used to ensure city-funded fliers are objective and fact-based.

Shirley’s complaint alleges city employees committed 14 violations in total. Shirley told The Olympian Tuesday that the complaint targets only Olympia employees because he’s not familiar with the duties of Tumwater employees. But he said it’s possible the PDC could take action against Tumwater officials.

City of Olympia spokesperson Kellie Purce Braseth told The Olympian Tuesday the city tries to stay mindful of talking about issues that are on an active ballot. However, she said, after speaking with officials, the city hasn’t heard of any formal complaints filed with the PDC.

The PDC’s Bradford said the commission has a 10-day window to assess the complaints and decide whether there’s evidence of a violation. If there is, the complaint is sent to the alleged violator and they are given a couple of weeks to respond.

After that, she said the commission has 90 days to determine whether the issue can be resolved administratively or dismissed entirely. It could end in a warning, or a statement of understanding where the violator pays a penalty and agrees there was a violation. Or, if things aren’t resolved in that 90-day period, a formal investigation could be opened through the commission, Bradford said.

Alleged violations

Shirley alleges the photos used in the flier are in direct violation of state law because the PDC says you can’t depict a body on an EMT stretcher or a house engulfed in flames. The second complaint references the photos as well, alleging they provoke an emotional reaction and appear to be in support of the proposition.

The complaint alleges the flier is missing any neutral presentation of objective facts. Shirley says the flier avoids telling the public how much they will have to pay for services and how taxes and fees will work.

The rest of the violations reference the lack of proper factual material or links to more information, as well as what Shirley alleges is inaccurate and/or biased information in the sections of the benefits of an RFA. The majority revolve around the language used — or not used — in the flier, such as the promise of better response times and more firefighters and better equipment. He also contends that putting fiscal responsibility onto the public isn’t mentioned outright.

Shirley is asking that the PDC fine the city employees who were involved in the production and distribution of the RFA materials. He said since Burney was the assistant city manager when a $10,000 fine was imposed, a $20,000 fine against him should be considered this time. And any other employees involved should be fined to some degree, according to Shirley’s complaint.

Lastly, Shirley wants the PDC to decide whether Mayor Cheryl Selby has any responsibility for the violations. In the 2019 violation, Shirley said the PDC did not fine any other elected officials, but sent Selby a letter advising her to study laws surrounding the matter.

Shirley said he imagines it will take months before the public knows whether or not city employees committed any violations.

“Nobody will know by April 25, that’s for sure,” he said.