Twin Transit General Manager Derrick Wojcik-Damers speaks at a Twin Transit special meeting Thursday morning.
The state Public Disclosure Commission announced Thursday afternoon it would open a formal investigation into allegations that Twin Transit used public funds to produce and distribute political campaign materials during the run up to the 2018 election.
In question is whether a website, brochures and mailers created by by consulting firm Nelson\Nygaard at the behest of Twin Transit represent an attempt to sway voters regarding a proposed expansion of the Lewis Public Transit Benefit Area taxing district, which would be against the law.
Winlock resident Mark Obtinario submitted a complaint to the PDC on Oct. 24. The PDC had until Jan. 22 to complete its initial inquiry by dismissing the complaint, handing down minor penalties or opening an official investigation into a possible violation of RCW 42.17A.555.
Twin Transit has maintained the materials it paid for were informational only and not meant to sway anyone’s opinion of the proposal, which voters rejected by a 65-35 margin.
“From here, we continue collecting information and asking questions,” said Kim Bradford, communications director for the PDC. “A formal investigation is just an indication the case needs a deeper analysis. All options remain open and it doesn’t mean something is going to end in a penalty. It is probably more likely at the formal investigation stage, but it’s not automatic.”
Bradford added that while the PDC was primarily focused on the initial complaint, the agency does not look past other violations it comes across in the course of investigations. She could not provide specifics regarding the Twin Transit case, citing PDC policy.
Twin Transit Manager Derrick Wojcik-Damers told The Chronicle in December that Nelson\Nygaard was hired to create a neutral mailer for Lewis County voters not living in Centralia, Chehalis or Napavine — the three municipalities not eligible to vote on the measure.
The Twin Transit Advisory Board mandated earlier this week that Wojcik-Damers work from home while a separate third-party investigation is conducted into complaints made against him by Twin Transit employees.
“The PDC is doing their due diligence in conducting a formal investigation, which we as a board fully support,” advisory board chair Bobby Jackson wrote in response to an email seeking comment. “They will have our full cooperation moving forward.”
Jackson told The Chronicle in November that he did not know who developed the website. He also did not disclose an email he received in August from Lewis County Prosecutor Jonathan Meyer to fellow board members or Twin Transit staff in which Meyer gave his opinion that the materials crossed the line from informational into campaign literature.
Emails obtained by The Chronicle show Wojcik-Damers and Jackson, also a Lewis County Commissioner, being kept in the loop by Nelson\Nygaard staff as they created the materials.
Those emails also reveal that Nelson\Nygaard also wrote the explanatory statement for the ballot measure as published in the voter’s guide sent out countywide last fall. Wojcik-Damers suggested the action. He and Jackson also reviewed the statement before it was sent on to Ross Petersen, a deputy prosecutor for Lewis County.
There is no rule against an agency such as Twin Transit helping the agency responsible for producing an explanatory statement, which would have been the Lewis County Prosecutor’s Office. Bradford did not have a definitive answer Friday as to whether Twin Transit having a paid consultant do so on its behalf would constitute misuse of public funds for campaign purposes, saying it would depend on the larger context of the actions taken and whether the statement was neutral.
“An investigation like this can take anywhere from an additional few weeks to months,” Bradford said Thursday. “It just depends on the case and how many allegations we’re looking into.”
Past reporting by The Chronicle indicates the PDC has rarely opened formal investigations into complaints made regarding Lewis County politicians or public bodies in the recent past.
Centralia Police Chief Carl Nielsen filed a complaint in 2017 against county clerk candidate Carla Shannon alleging improper use of a police vehicle for political advertising. That case is still listed on the PDC website as being in the initial fact-finding stage. Allegations of impropriety against Lewis County Commissioner Edna Fund during the 2016 election cycle were deemed to be unfounded.
