The Washington State Public Disclosure Commission Monday received a formal response from the city of Ocean Shores to a Sept. 28 complaint alleging Ocean Shores Mayor Jon Martin violated city and state campaign rules by allowing campaigning for a General Election ballot measure during public comment at a city council meeting.

The complaint, which was submitted by former-council member Susan Conniry, who served on the council from 2018 to 2021, alleges Martin violated state law in allowing Kris Runge, a citizen, to speak for three minutes in favor of ballot Proposition 1, a $12 million bond for a new police station in Ocean Shores.

The Revised Code of Washington states public officials can’t use public facilities “for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition.”

During his comments, Runge delivered his opinion on the need for a new police station and concluded by encouraging the public to vote “yes” on Proposition 1.

The city claims that up until the “last minute” of response, Runge’s comments were an “open act of freedom of speech stating facts and personal feelings,” according to its response.

After Runge finished his comments, the city administrator then called on Conniry to speak for public comment. Conniry questioned the wording of the city ordinance relating to the police bond. According to the Grays Harbor County Auditor’s office, Conniry is a member of the Committee Against City of Ocean Shores Prop 1.

According to the city’s response, once Conniry had finished her public comment, she yelled, “I forgot to say vote no” from her seat, an event which wasn’t included in Conniry’s complaint.

Martin then discouraged further comments “campaigning or advertising” Proposition 1 and said he “probably should have gaveled” Runge. He said further discussion of the bond should take place outside of the city council meeting.

In the response to allegations of both city and state rule violations, the city asserts that Conniry’s allegations are false, stating, “The City does not acknowledge that a violation occurred and would argue the Mayor acted accordingly while being cognizant of freedom of speech and the definition of the word ‘campaign.’”

Conniry claimed in her complaint that Runge’s public comments would impact the outcome of the election and gave the appearance of “the official sanction of the city.”

The city’s response points out that Martin allowed Conniry “the same freedom of speech courtesy” during her comment as he did Runge.

The city claims both Runge and Conniry’s statements encouraging the public to “vote” for or against the proposition — what Conniry said was “active campaigning” in her complaint — were made “after the fact,” according to the city.

The city also said it created both approval and rejection committees for the proposition — a requirement for municipalities requesting a bond measure — and appointed Conniry as the head of the latter.

Conniry also submitted a supplemental complaint with the PDC Oct. 9 claiming Martin promoted Proposition 1 during a radio broadcast on the city-owned radio station KOSW.

In an additional response to the supplemental complaint, Martin writes that he and Scott Johnston, videographer for North Beach TV, conducted an interview and video tour of the police station, but he didn’t campaign for the proposition, nor did he use city facilities or resources because the video was made after-hours when he was off-duty.

“At no time during the video, nor during any of the Open House Tours, did I suggest that people Vote Yes on Proposition 1,” Martin writes. “I merely expressed the need for a new building for the Police Department. When asked, I did express my understanding of the position the opposition committee was presenting, both during the tours and during the video interview.”

Martin writes in the complaint that the video tour was no more extensive than the open house tours of the station the city provided the public in August and September.

On May 24, Ocean Shores passed ordinance 1083, which added Proposition 1 to November’s General Election ballot. If approved, it would issue the city $12 million in bonds to “design, construct and equip a new police station” with a maximum of 20 years to finance the project.