Seeber v. Public Disclosure Commission

634 P.2d 303, 96 Wash. 2d 135, 1981 Wash. LEXIS 1222
CourtWashington Supreme Court
DecidedOctober 1, 1981
Docket47281-5
StatusPublished
Cited by58 cases

This text of 634 P.2d 303 (Seeber v. Public Disclosure Commission) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seeber v. Public Disclosure Commission, 634 P.2d 303, 96 Wash. 2d 135, 1981 Wash. LEXIS 1222 (Wash. 1981).

Opinions

Dolliver, J.

Plaintiff Robert A. Seeber is a professional lobbyist. He is registered with the Washington State Public Disclosure Commission (PDC), as required by RCW 42.17-.150. As is required by RCW 42.17.170, Mr. Seeber filed with the PDC a report of his lobbying expenditures.

In early 1979, defendant PDC began an audit of Seeber's [136]*136expenditure reports. During the course of the audit, it requested certain banking and other records which would show amounts received from those employing him to lobby, as well as customer receipts and billings for his credit card purchases. When plaintiff refused to make the records available, the PDC issued a subpoena duces tecum as authorized by RCW 42.17.370(5).

The subpoena reads in pertinent part:

Specifically you are required to bring with you writings and records as follows:
1. Banking records and all other records which show the receipt and/or deposit of monies and other items of value during or for the years 1977 and 1978 from the Council for Economic Progress, Restaurant Association of the State of Washington, Washington State Hotel Motel Association, Washington State Lodging Association, Washington Tobacco and Candy Distributors, The Proctor and Gamble Distributing Company, Washington State Consumer Finance Association, Washington Publications Distributors Association, and Washington Magazine Wholesalers Association.
4. Customer receipts and billings for American Express Company, Visa, Mastercharge, or Bankamericard credit card purchases during 1977 and 1978.

Plaintiff responded to the subpoena by filing a Complaint for Declaratory Judgment with the Thurston County Superior Court, asking that the court quash the subpoena. Defendant filed a counterclaim, asking that its subpoena be enforced. After hearing, the trial court granted the defendant's motion for summary judgment on its counterclaim, and ordered that the subpoena be enforced. The matter is before this court on direct review.

Although plaintiff believes the case involves a constitutional "right of privacy", we need not reach that question since we believe the issue before us is whether the PDC exceeded its authority under the public disclosure act (RCW 42.17) when it requested from Seeber his banking records and customer receipts and billings for his credit card purchases.

[137]*137Plaintiff has offered to deliver all items under paragraphs 1 and 4 of the subpoena duces tecum which relate to his lobbying activities. This would include all bank records relating to those groups for which plaintiff is lobbyist and any credit card billings relating to lobbying activities. He refuses to make available, as the PDC demands under the subpoena, any other banking or credit card records. We find the PDC exceeded the authority granted to it under the public disclosure act, reverse the summary judgment below and quash paragraphs 1 and 4 of the Public Disclosure Commission's subpoena duces tecum.

As a registered lobbyist, plaintiff is required under section 17 of the act (RCW 42.17.170(2)), to report

(a) The totals of all expenditures made or incurred by such lobbyist or on behalf of such lobbyist by the lobbyist's employer during the period covered by the report, which totals shall be segregated according to financial category, including food and refreshments; living accommodations; advertising; travel; telephone; contributions; office expenses, including rent and the salaries and wages paid for staff and secretarial assistance, or the proportionate amount thereof, paid or incurred for lobbying activities; and other expenses or services . . .
(c) An itemized listing of each such expenditure in the nature of a contribution of money or of tangible or intangible personal property to any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition, or for or on behalf of any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition. All contributions made to, or for the benefit of, any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition shall be identified by date, amount, and the name of the candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition receiving, or to be benefited by each such contribution.
[138]*138The PDC is authorized by the act to
(4) Investigate whether properly completed statements and reports have been filed within the times required by this chapter;
(5) Upon complaint or upon its own motion, investigate and report apparent violations of this chapter to the appropriate law enforcement authorities;

RCW 42.17.360(4), (5).

To accomplish its purposes, the PDC is empowered also to

(3) Make from time to time, on its own motion, audits and field investigations;
(5) Administer oaths and affirmations, issue subpoenas, and compel attendance, take evidence and require the production of any books, papers, correspondence, memorandums, or other records which the commission deems relevant or material for the purpose of any investigation authorized under this chapter, or any other proceeding under this chapter;

RCW 42.17.370(3), (5).

Defendant derives its authority to compel the production of records from Initiative 276, a measure overwhelmingly approved by the voters of Washington in the November 1972 election. Initiative 276, now codified as RCW 42.17, provides a comprehensive financial reporting scheme for lobbyists, campaign committees, public officials and candidates.

RCW 42.17.080 compels disclosure of candidates' campaign finances and those of groups or individuals supporting or opposing candidates or ballot propositions. According to RCW 42.17.090(1), these reports must disclose receipts, expenditures and related information as well as

(j) Such other information as. shall be required by the commission by regulation in conformance with the policies and purposes of this chapter; ...

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Bluebook (online)
634 P.2d 303, 96 Wash. 2d 135, 1981 Wash. LEXIS 1222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seeber-v-public-disclosure-commission-wash-1981.