EVERETT — Edmonds Mayor Mike Rosen has issued a response to a resident’s Public Disclosure Commission complaint alleging the city misused public funds to advocate for an upcoming ballot measure.
On April 22, voters will decide whether the city should annex into South County Fire, which would save the city $6.5 million while raising property taxes for residents. On Feb. 24, Theresa Hutchison filed a complaint after learning the city hired a public affairs firm to help with communications for the upcoming ballot measure, Proposition 1.
In August, the city signed a $64,000 contract with Liz Loomis Public Affairs to “provide strategic communication consulting services related to the potential South County Fire annexation,” according to the contract.
Under state law, elected officials cannot use public funds to promote a ballot proposition.
“The City’s funds have only been used to provide fair and objective information about Proposition 1 in hopes of educating the electorate so that the residents of Edmonds can learn more about the proposal,” Rosen wrote in his response.
The city hired the firm to help ensure it was staying within the commission’s guidelines, Rosen wrote. The Public Disclosure Commission used to review draft agency publications, but lower staffing levels no longer allow it to do so, he added.
“For 22 years, Ms. Loomis has worked with many local governments to assist them in educating communities about proposed ballot measures,” Rosen wrote. “The City contracts with experts in their field to ensure compliance with state law, and the PDC guidance requires similar expertise to achieve compliance. Ms. Loomis’ work is not advocacy.”
Hutchison’s complaint references a series of emails between city employees and Liz Loomis, the firm’s president. In some of the emails, Loomis suggests omitting certain information and using specific wording to dissuade the ballot measure’s opponents. The complaint did not mention specific examples of advocacy or inaccuracies in public-facing materials — such as presentations, mailers and the city’s website — Rosen wrote.
“Instead of taking issue with the City’s actual communications to the electorate (the product of the public funds), the overall tenor of the complaint appears to derive from contract documents and communications to/from Ms. Loomis that were not intended as public-fronting educational materials,” Rosen wrote. “As such, the PDC guidelines don’t apply to these communications. Accordingly, one need not parse the substance of these communications in the same way that one would with communications to the public that are paid for with public funds.”
In addition to public funds, state law prohibits elected officials from using city facilities — including emails, stationery and staff hours — to advocate for a ballot measure.
Residents sometimes submit Public Disclosure Commission complaints intending to influence the outcome of an election, Rosen wrote. He asked that the commission rule on the issue as soon as possible so voters can make an unbiased decision.
“The City has a duty to provide factual information even if that information upsets opponents of the ballot measure,” Rosen wrote.
Jenna Peterson: 425-339-3486; jenna.peterson@heraldnet.com; X: @jennarpetersonn.
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