Other investigations are taking place in Washington D.C., (The Federal Election Commission (FEC) regarding alleged charges for accepting foreign campaign contributions and the U.S. Office of Special Counsel (regarding alleged charges for violating the federal Hatch Act).
I'm including a copy of the PDC's letter to Dan Pike regarding the details of the hearing and charges that the PDC have filed against him.
May 9 2008
PDC CASE NO 08-089 & 08-110
DAN PIKE
Personal information redacted for privacy
Presiding Officer: Bill Brumsickle, Chair. Public Disclosure Commission Authority brief Hearing: RCW 42.17.370 and RCW 42.17.395
The Public Disclosure Commission has scheduled a Brief Enforcement Hearing (Brief Adjudicative Proceeding) to determine if you violated: I) RCW 42.17.040 by failing to timely file a Candidate Registration Statement ( PDC form for your 2007 campaign for Mayor of Bellingham; 2) RCW 42.17.080 and .090 by failing to timely file Monetary Contribution Reports (PDC Form C—3) and Summary Contribution and Expenditure Receipts (PDC C-4) for your 2007 campaign: and 3) RCW 42.17 by using your office computer at the Skagit Council of Governments to send campaign-related e-mails that assisted your 2007 campaign.
Enclosed are copies of the Report of Investigation and Notice of Administrative Charges for a Brief Enforcement Hearing.
If you plan to he present at the hearing or he represented by legal counsel, please notify us in advance of the hearing date. If you do not plan to be present at the hearing, you may submit evidence in your own behalf or in mitigation. You may do so by writing to the Chair, Public Disclosure Commission. PO Box 40908. Olympia. WA 98504—0908. You may also participate by telephone conference. If that would he more convenient, please let me know.
You are not required by law to attend the hearing. However, the Public Disclosure Commission recommends that respondents participate by telephone or personally appear at hearings whenever possible. If you fail to attend or provide information in your own behalf, you may be in default and the Commission may assess appropriate penalties. Under the single commissioner hearing the Commission has the authority to assess penalties of up to $500 for violations.
I will be representing the staff of the Commission regarding this matter. If you have any
questions regarding this matter, please contact me at (360) 664-8854 or 1-877 -2828 (toll free or by e-mail).
Sincerely.
Kurt Young
PDC Compliance Officer
Enclosures
* Report of Investigation
* Notice of Administrative Charges for a Brief Enforcement Hearing.
* Brief Enforcement Hearing Brochure
____________________________________________________
BFFORE THE PUBLIC DISCLOSURE COMMISSION
OF THE STATE OF WASHINGTON
IN THE MATTER OF ENFORCEMENT ACTION AGAINST DAN PIKE
PDC Case No, 08-089 & PDC Case No: 08-110
Brief Enforcement Hearing (Brief Adjudicative Proceeding)
I. JURISDICTION
The Commission has over this proceeding pursuant to Chapter 42.17 RCW. the Public Disclosure Act: Chapter 34M5 RCW. the Administrative Procedure Act and Title 390 WAC. These charges incorporate the Reports of Investigation and all of their exhibits by reference.
II. ALLEGATIONS
Dan Pike was the Transportation Director for Skagit Council of Governments and he was a first time candidate seeking election to the office of Mayor of Bellingham in 2007.
Dan Pike violated: 1) RCW 42.1 7.040 by failing to timely file a. Candidate Registration
Statement; 2) RCW 42.17.080 and .090 by failing to timely file Monetary Contribution Reports (PDC Form C-3) and Summary Contribution and Expenditure Reports (PDC Form C-4); and 3) RCW 42.17.130 by using his office computer at the Skagit Council of Governments to send campaign related e-mails that assisted his campaign for Bellingham Mayor.
III. FACTS SUPPORTING ALLEGATIONS
1. Dan Pike was a candidate for Mayor of Bellingham in 2007. He filed a Candidate Registration Statement (PDC form C-1 on January 25, 2007.
2. Mr. Pike selected the Full Reporting option on the C-1 indicating he would file frequent and detailed reports of contribution and expenditure activities that were required to he filed under that option.
3. During 2007, Mr. Pike served as Transportation Director for Skagit County Council of Govoernments a local public agency in Skagit County that is a Regional Transportation Planning Organization (RTPO) .An RTPO is public agency enabled under RCW 47.80 that receives state finding and is charged with transportation planning such as developing long—range transportation plans, coordinating the work of local government agencies within their region, and the preparation of transportation improvement programs.
Failure to File Candidate Registration Statement: RCW 42.17.030
4. Candidates are required to register with the Public Disclosure Commission within two weeks of soliciting or accepting contributions, making expenditures to support their candidacy, or making a public announcement, whichever occurs first.
5. At the latest. Mr. Pike became a candidate on December 8. 2006 when he printed a campaign brochure and distributed it at a Whatcom County Democratic Party event. The political advertisement stated: “Pike for Mayor, Working Together for a Better Bellingham,” and “My name is Dan Pike, and I ask for your support.”
6. Dan Pike filed his C-1 on January 25. 2007, declaring his candidacy for Mayor of Bellingham, 34 days late. Mr. Pike was required to file his C-1 on or before December 22. 2006. after incurring expenditures in early December 2006 for a political advertising.
Failure to timely file Monetary Contribution Reports (Form C-3) and Contribution and Expenditure Reports (form C-4) (RCW 42.17.080 & 090):
7. Dan Pike filed C—3 and C-4 reports between 10 and 210 day’s late disclosing $5,889 in contributions and $10,679 in expenditures as detailed in Exhibit #1.
8. The 5,589 in monetary and in-kind contributions was disclosed on reports between 10 and 210 days late and represented 7% of total contributions received by Mr. Pike’s campaign. The $10,679 in monetary and in-kind expenditures was disclosed between 10 and 210 days late and represented 13% of Mr. Pike’s expenditures activity during the 2007 primary and general election campaigns.
9. All of Mr. Pike’s contribution and expenditure activities were reported before the 2007 general election, However, $1,349 in contributions and $4,151 in expenditures was required to be disclosed by Mr. Pike before the 2007 primary election, but those activities’ were not disclosed until after the primary election was held.
Use of Skagit Council of Government facilities to Assist his Candidacy: (RCW 42.17.130).
10. On February 20. 2007 Dan Pike forwarded to his campaign e-mail account an e-mail originally sent to his Skagit Council of Governments (SCOG) e-mail account, containing a brief reference to his campaign.
11. On February 26. 2007, Mr. Pike sent two e-mails from his SCOG e-mail account to his campaign e-mail account, with attached files that contained graphics for campaign materials.
12. On April 24, 2007. Mr. Pike sent an e-mail from his SCOG e-mail account to his campaign e-mail account, with an attached file containing questions and answers ‘to be used at a campaign forum for mayoral candidates.
13. On July 19. 2007. Mr. Pike sent an e-mail from his’ SCOG e account to Bobbi Krebs- McMullen in response to an e-mail he received from her on July 11, 2007. He then e-mailed her again on August 22, 2007, providing a link to a campaign article in the Bellingham Herald, ‘The exchange between Mr. Pike and Ms. Krebs-McMullen consisted almost entirely of a discussion of Mr. Pike s campaign and his prospects for election.
IV. RELEVANT LAW
RCW 42.17.040 requires candidates to register with the Public Disclosure Commission and the county elections officer within two weeks of becoming a candidate.
RCW 42.17.080 and 090 require candidates to file timely, accurate reports of contributions and expenditures including in-kind contributions. During the five months before the general election, summary reports of receipts and expenditures to he filed 21 days and again 7 clays, before each election in which the candidate will appear on the ballot. A post-election summary report is due on the 10th of the month following each election. Contribution deposits made during this same time period must he disclosed on the Monday following the date of deposit.
R.CW 42.17.130 states, in part: “No elective official, nor any employee of his office nor any person appointed or employed by any public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office.”
RESPECTFULLY SUBMITTED this 9th day of May. 2008
Kurt Young
PDC Compliance Officer
Notice of Administrative Charges Exhibits
Exhibit #1 Chart detailing lack of timeliness in filing C-3 and C-4 reports for 2007 Dan Pike
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