Sunday, March 23, 2008

Bornemann PDC Investigation (List of Violations as submitted to PDC).

Elisabeth Britt
Address & Telephone Redacted for privacy

October 16, 2007

Mr. Phil Stutzman
711 Capitol Way #206
Olympia, Washington 98504

Dear Mr. Stutzman:

My review of Mr. Bellingham City Council member Terrill Bornemann’s PDC reports have revealed what appear to be violations of RCW 42.17.010 (1);42.17.080.(3).

Between the period of April 24, 2007, through October 6, 2007, C3 Forms filed by Terrill Bornemann document 94 contributions of which 88 (94%) were filed late in violation of the PDC reporting deadlines.

In terms of dollars contributed to Mr. Bornemann, late reports were filed for $8,015.00 (95%) of the $8,415.00 received during the same time period. Many contributions were reported two to three weeks late, some as much as 2 months late. I am including in my complaint, a summary of all contributions from April 24, 2007, through October 6, 2007 and an itemized list of Terrill Bornemann’s Violations of Public Disclosure Requirements.

Several other technical errors also appear on the C4’s, such as not filing for the correct office. (Mr. Bornemann filed for Community Council Member instead of City Council Member, 5th Ward; City of Bellingham). Finally, he listed incorrect information regarding a Primary and its result. I may be filing additional complaints, based on further research into Mr. Bornemann’s filings.

Given the nature of Mr. Bornemann’s history of late filings, his mistake in his initial filings regarding which office he is running for, I ask that you immediately investigate my complaint and levy fines and penalties as appropriate.

Sincerely,

Elisabeth Britt
enc:


Terrill Bornemann Violations of Public Disclosure Requirements

Summary of Violations on Form C-3:

Between the period of April 24, 2007 through October 6, 2007, C3 Forms filed by Terrill Bornemann document 94 contributions of which 88 (94%) were filed late in violation of PDC reporting deadlines. In terms of dollars contributed to Mr. Bornemann, late reports were filed for $8,015.00 (95%) of the $8,415.00 received in this same time period. Many contributions were reported 2 – 3 weeks late, some as much as 2 months late. A roster of all contributions from April 24 – October 6, 2007 is attached. (Source: Terrill Bornemann’s C3’s posted on WA PDC website).

Summary of Other Reporting Violations through 10/16/07:
(PDC Form Number/PDC Document Number/Date Filed
Violation details)

1. PDC Form C3/Document #100212410/Filed 5/30/07
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham.

2. PDC Form C3/Document #100212410/Filed 5/30/07
Violation: 20 days late, confirms receipt of $3,115.75 within reporting period listed on Form C4 document #100214597, however, contributions are not reported on said Form C4.

3. PDC Form C3/Document #100212719/Filed 6/3/07
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham.

4. PDC Form C3/Document #100212720/Filed 6/3/07
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham.

5. PDC Form C3/Document #100212721/Filed 6/3/07
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham.

6. PDC Form C3/Document #100212722/Filed 6/3/07
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham


7. PDC Form C3/Document #100212725/Filed 6/3/07
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham

8. PDC Form C3/Document #100213986/Filed 6/10/07
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham

9. PDC Form C3/Document #100213992/Filed 6/10/07
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham

10. PDC Form C4/Document #100214597/Filed 6/11/07
Violation: Filed 30 days late.
Violation: Line 2 fails to report $3,115.75 received within the reporting period 4/24/07 to 4/30/07 as evidenced by Form C3 Document #100212410 (see item 2 above).
Violation: Other entries on Form C4 Lines 4,7,8,18, and 20 are in error due to failure to report correct amount on Line 2.
Violation: Filed out of sequence. Reporting period of subject C4 is listed as 4/24/07 to 4/30/07, however subject C4 was filed after the C4 filed for the period of 5/1/07 to 5/31/07 (document 100214596).

11. PDC Form C4/Document #100214596/Filed 6/11/07
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham

12. PDC Schedule A to Form C4/Document #100214595/Filed 6/11/07
Violation: Date of Deposit entry documents $3,115.75 was held for 35 days, then deposited on 5/30/07; violates reporting and deposit requirements.

13. PDC Form C4/Document #100218670/Filed 7/21/07
Violation: Filed 11 days late.
Violation: Line 2 reports only $890.00 cash received when the related Form C3 Document #100218671 (item 14 below) documents cash received in the amount of $1250.00.
Violation: Entries for Lines 4,7,8,18, and 20 are in error due to failure to report correct amount on Line 2.
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham.
Violation: Incorrectly identifies that candidate participated in a Primary Election Unopposed. There was no primary for Bellingham City Council 5th Ward.

14. PDC Schedule A&B to Form C4/Document #100218670/Filed 7/21/07
Violation: Filed 11 days late.
Violation: Checks received as evidenced on Form C3 Document #100218671 (item 15 below) were not shown as deposited during reporting period.
Violation: 6 entries on Section 3 expenditures were not coded.
Violation: Late reporting of expense – expenditure dated 6/2/07 for “Food at Kickoff: when kickoff event was held in April of 2007.
Date of deposit entry documents $3,115.75 was held for 35 days, then deposited on 5/30/07; violates reporting and deposit requirements.

15. PDC Form C3/Document #100218671/Filed 7/21/07
Violation: filed 30 days late. See attached roster for specific late reports.
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham.

16. PDC Form C3/Document #100221333/Filed 7/21/07
Violation: See attached roster – 8 contributions filed late, 1 filed 3 months late.
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham.

17. PDC Schedule A to Form C4/Document #100221675/Filed 8/12/07
Violation: Filed 2 days late.

18. PDC Form C4/Document #100221676/Filed 8/1/07
Violation: Filed 2 days late.
Violation: Line 1 reports total previous cash of $6,120.75 when the amount reported from line 8 of the prior C4 is $4,870.75 (document 100218670, item 13 above).
Violation: Entries for Lines 8, 18, and 20 are in error due to failure to report correct amount on Line 1.
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham.
Violation: Incorrectly identifies that candidate participated in a Primary Election Unopposed. There was no primary for Bellingham City Council 5th Ward.

19. PDC Form C3/Document #100223506/Filed 8/26/07
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham

20. PDC Form C4/Document #100224672/Filed 9/6/07
Violation: Line 1 reports total previous cash of $6,550.75 when the amount reported from line 8 of the prior C4 of $6,550.75 is in error due to not reconciling with the prior C4 (see item 18 above).
Violation: Entries for Lines 8, 18 and 20 are in error due to not reconcile prior error (see item 18 above).
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham
Violation: Incorrectly identifies that candidate participated in a Primary Election Unopposed. There was no primary for Bellingham City Council 5th Ward.

21. PDC Form C3/Document #100226283/Filed 9/16/07
Violation: See attached roster for 4 donations reported late.
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham

22. PDC Form C3/Document #100226283/Filed 9/16/07
Violation: See attached roster – 8 contributions filed late, 1 filed 2 months late.
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham

23. PDC Form C3/Document #100229810/Filed 10/14/07
Violation: See attached roster – 1 contribution filed late.
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham

24. PDC Form C3/Document #100229808/Filed 10/14/07
Violation: 14 contributions filed late, 1 filed 1 month late.
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham

25. PDC Form C3/Document #100229827/Filed 10/14/07
Violation: See attached roster – 2 contributions filed late, 1 filed 19 days late.
Violation: Incorrectly identifies office sought as “Community Council Member when actual office sought is City Council Member, 5th Ward, City of Bellingham

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