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72008 18:43 FAX 2596958739 Federal tay Police 009/018 RECEIVED AUG ~7 2009 CITY OF FEDERAL WAY ‘Beeaans* FEDERAL WAY POLICE DEPARTMENT ealagee = oe are ae a Subject: Recommendation of Ouside Agency Investigation CHRONOLOGICAL SUMMARY: On August 4, 2009, a Federal Way Municipal Court Clerc, Cristine Faucher, reported to ‘the City's Information Technology (IT) Deparment that another City of Federal Way lemployee had used her identity to segicter and post items in newspaper blog site: the Tacoma News Tribune and the Federal Way Mirror (See Atachment A ~ email from ‘Chvistine Faucher), Ms, Faucher solicited the assistance from the City to determine the person's identity that was falsely using her name. ‘Ms. Faucher surmised that city employee had used a work computer after the Federal Way Miror (community newspaper) provided her with an IP number of 146.129.247.195, which belonged to the City of Federal Way. The person who impersonated her used “Christine Faucher” and her date of birth (off by one year) and “éragracefan” as a member identification aumber which is a sport she has interest in. Moreover, the individual also used er work email’ address (Christine faucher@cityoffeseralway com) as the contact information. Ms. Faucher provided the tno postings of the blog sites fom the Federal Way Miro. ‘The two postings are political in nature in response to blog sites forthe Federal Way “Manipal Court Judge candidates, Matthew Yore and William Jarvis, who are running against the incumbent, Judge Michiel Morgan. “The posting in the Matthew York blog is in response to the announcement that Atorney “Mictael Malaier had endorsed Matthew York. ‘The poster “Christine Faucher" (August 3,2009 at 8:11 am) is critical of Mr. Malaier and others (Mr. Cecil, former Judge Hart) ‘a well as Matthew York for accepting his endorsement (See Attachment C “Endorsement: Michael Malair”). In the second posting. “Christine Faucher” (August 3, 2009 at 10:08 am.) responds to William Jarvis' blog site on various issues regarding the Supreme Court ruling, ‘Stephson’s repor, and questions the candidate William Jarvis’ prior work performance 08/07/2009 15.49 Fax 2598956729 Feserat vay autce = RECEIVED — aoro18 AUG -7 2009 and his qualifications (See Attachment D “The large issue regarding the court”). In this posting, the writer identifies himselffhersef asa court “clerk [It appears by reading the postings thatthe person impersonating “Christine Faucher” has inedepth knowledge about the history and the events that have occurred at the Federal ‘Way Municipal Cour. On August 4, 2009, a preliminary search by the IT Department was performed to determine whieh city compute the internet postings originated from. It was revealed to Ihave come from Judge Morgan's computer IP #10.6.14.13. A visual inspection was conducted by IT staff to verify the data sheet information matched the desk-top computer jn Judge Morgan's office. The IT Deparment also prepared a deualed Timeline Log Shoot for activities of Judge Morgan for August 3, 2009. It was the opinion of the IT staff that Judge Morgan was using the computer when these postings occured. This is based on the timeline established on the intemet usage as well as the record of the electronic building access card and security surveillance video system, ‘The Timeline Log Sheet revealed a pattem in which the individual switched back and forth throughout the day from Judge Michael Morgan and then to “Municipal Court Temporary” (MCTemp)' user name log on. Whenever 2 posting was made on the ‘newspaper blog sites, the individual used the MCTemp user name. The date and time of ‘the postings in the Federal Way Miror (August 3, 2009 at 8:11 am. and 10:08 am.) matched o the timeline established by the IT staff. The Timeline Log Sheet also showed Information used to register complainant, Chnstine Faucher, with the Tacoma News ‘Tribune, ic. fall name, date of birth, work email address, etc. (See Amachment B “Investigation of Complaint: Misuse of City Computer System”) Berween August 4% and August 6", several discussions took place with the Federal Bureau of Investigation, Washington State Attomey General's Office, and the King County Prosecutor's Office to determine if any federal andor state laws were violated in regards to using someone else's identity for political purposes. All agencies were unable to find any applicable criminal statutes for a publi official assuming the identity of a subordinate employee and declined to pursue a criminal investigation, ‘The King County Prosecutor's Office, after their review and analysis ofthe information presented, recommended that City of Federal Way contact the Washington State Public Disclosure Commission as it appeared that an elected official violated RCW 42.17.130, Use of pubic office or agency facilities in campaigns. ‘The preliminary information gathered and reviewed indicates that Judge Michael Morgan say have falsely assumed the identity of a Federal Way Municipal Court Clerk Christine Faucher in an attempt to conceal his identity when responding to internet biog sites. The blog sites were of his opposing candidates Matthew York and William Jarvis. Funtermore, the internet blogs postings were sent from a city computer located in Judge Michael Morgan's Office, Federal Way Municipal Cour (loeated in City Hall) * McTenp is computer logon wer nae tht ean be wed by wipe indviuals inte Federal Wey Maniipa Cour RECEIVED AUG ~7 2008 Pee RECOMMENDATIO? Although the facts and circumstances identified to date indicate that Judge Michael ‘Morgan may have used City equipment and public facilities for campaign purposes, additional investigation is necessary by an agency having jurisdiction on matters such as these. recommend formally refering this matter to the Washington State Public Disclosure Commission for furher investigation and potential enforcement action. This recommendation is based on the jurisdiction and expertise of the Public Ditclosure Commission to investigate potential violations of RCW 42.17.130 and other election 7 okie Pee Dated: August 7, 2009, in Federal Way, Washington. Andy Hwang Z! Print Name Signature