The Washington Public Disclosure Commission voted unanimously Thursday to recommend the state Attorney General’s Office take no action against Clark County Auditor Greg Kimsey for his activities involving the home rule charter campaign leading up to the November 2014 election.
In doing so, the commission followed a staff recommendation released earlier this week.
Clark County Republican Party Chairman Kenny Smith had filed a formal PDC complaint against Kimsey, who is also a Republican, after last November’s election.
“I’m very pleased the public disclosure commissioners have agreed with their staff’s recommendation,” Kimsey said after Thursday’s meeting. “I will continue to carry out the responsibilities of my office in strict accordance with state law, respecting the best long-term interests of our citizens.”
Smith alleged in his complaint that Kimsey used his office to advocate for passing the charter when he put a two-page explanation of Proposition 1 in the general election voters’ pamphlet. Smith also claimed Kimsey “actively campaigned for the passage” of the charter by soliciting campaign contributions from Clark County auditor’s office employees.
Kimsey helped form Team ClarkForward, an organization that advocated for the charter. The complaint alleged that Kimsey may have directly solicited support from Clark County employees during Team ClarkForward presentations and may have indirectly solicited donations by maintaining the organization’s website. The complaint did not, however, provide any evidence that Clark County employees were present at Team ClarkForward events.
The PDC staff report, issued Monday, said state law authorizes county auditors to provide information to voters in voters’ pamphlets, and that Kimsey was specifically directed in May by the Board of Freeholders, an elected group that wrote the charter, to provide an informational summary.
The PDC staff was also unable to find evidence that Kimsey solicited donations or campaign assistance from his employees, according to the report.
Now that the PDC has declined to act, the complaint will be forwarded to the attorney general for a decision about whether to impose sanctions. If the attorney general decides not to act, Smith and the Clark County Republicans could file a lawsuit seeking to have a judge sanction Kimsey.
Smith said Monday it was too early to say whether he would consider suing Kimsey.
