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October 26, 2016

Dear Ms. Fielding Lopez,


You were asked by Susan Hutchison to retract a letter you wrote on October 5, 2016, to
state Senate candidate Tim Probst. We were dismayed to see your response yesterday.
Your October 5 letter was factually incorrect. It is also in violation of state ethics law
regarding the use of public resources for a campaign.
Mr. Probst violated state law by failing to file a F1 statement when he had been running
for the Senate for three years.
Mr. Probst violated state law by accepting campaign contributions above the legal limit.
Your agency forced him to return those contributions.
In your October 5 letter, you review political direct mail which detail these violations.
You declare that the mailers are not correct.
At no point in any of the mailers you referenced is there a claim about Tim Probst hiding
campaign contributions. There is a claim that he hid his income an accurate statement
given his failure to file an F1 statement for three years. The other claim is that he
accepted illegal campaign contributions over the legal limit. He was forced to return
those contributions after the Washington State Republican Party filed a complaint.
The Columbian newspaper fact checked these statements as well. The Columbian
found the claims about Probsts failure to file an F1 statement and hiding of income
completely true.
Your job is to help the Public Disclosure Commission enforce state law. It is not your job
to determine how the PDCs actions get used by the public especially in a political
campaign.
We find no statutory authority that gives you the power to determine whether a campaign
mailer is accurate or not. There is no room for debate about your role in this process. In
fact, the Washington Supreme Court has held that the state has no authority to determine
the truth or falsity of political speech. (Rickert v. Public Disclosure Commission. 168
P.3d 826. Wash. 2007.)
Washington state law at RCW 42.52.180 prohibits the use of public resources for
political campaigns:
RCW 42.52.180
(1) No state officer or state employee may use or authorize the use of facilities of an
agency, directly or indirectly, for the purpose of assisting a campaign for election of a
person to an office or for the promotion of or opposition to a ballot proposition.

Knowing acquiescence by a person with authority to direct, control, or influence the


actions of the state officer or state employee using public resources in violation of this
section constitutes a violation of this section. Facilities of an agency include, but are
not limited to, use of stationery, postage, machines, and equipment, use of state
employees of the agency during working hours, vehicles, office space, publications of
the agency, and clientele lists of persons served by the agency.
Your October 5 letter is a direct violation of this section. You used the facilities of the
PDC to craft a letter designed to assist the campaign of a Democrat running for the
legislature. Reviewing the truth or falsity of political advertising is not a normal and
regular part of your office.
Your so-called clarifying letter regarding political mailers is unprecedented. You
wrote it to help the Democrat campaign of Tim Probst. Tim Probst is now using that
letter in his campaign mailers to benefit his campaign. The only purpose of sending such
a letter on your part would with the understanding that Mr. Probst would use it to benefit
his campaign.
It is highly disappointing to see you use your taxpayer-funded position to illegally
advance partisan political interests.
The Public Disclosure Commission was created to enhance the publics confidence in a
fair election system that follows the law. Your actions directly contravene this purpose.
Unfortunately, this is not an isolated event. Earlier this year, you posted to Facebook
about faking it at an enforcement hearing. Then this summer you were asked to recuse
yourself from an investigation into the Port of Tacoma, the Tacoma Chamber of
Commerce and the Economic Development Board for Tacoma-Pierce County after you
made a series of negative and biased comments about a proposed methanol plant that the
entities were promoting.
Public records further show you have a long history of donating to mostly Democrats and
voting in the 2008 and 2016 Democrat presidential primaries. Among your donations was
a $300 check in 2014 to a left-wing political committee called Win with Women that
financially supported Lynda Wilsons opponent that year. These contributions and voting
history show a clear partisan bias. Coupled with your recent actions, it is clear that you
are unable to separate your personal beliefs from your official duties.
The PDC has five commissioners appointed by the Governor and confirmed by the
Senate. No more than three can be from one party. Although you currently have a
vacancy, the Commission has a Democrat chair and has been directed by Democrats for
as long as we can remember. Your actions have led us to the conclusion that the PDC
has forfeited its intended role as a neutral arbiter and has instead adopted the role as a
partisan enabler.

You have allowed yourself to be used as a pawn for Democrat Party concerns and
interests. You have undermined the integrity and trust built in your organization. Please
consider this letter a vote of no confidence.
We will be filing an executive ethics complaint as well as a complaint to the Washington
State Bar Association regarding your illegal and unethical actions. We strongly urge you
to resign your position to allow the PDC to attempt to rebuild trust with the people of
Washington State.
Sincerely,

Susan Hutchison
Chair, WSRP

Mark Schoesler
Senate Majority Leader

Jack Johnson, PDC Commissioner


Katrina Asay, PDC Commissioner
John Bridges, PDC Vice Chair
Ann Levinson, PDC Chair

Dan Kristiansen
House Minority Leader

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