We cannot thank all of you enough for your financial contributions, cards,
letters and e-mails encouraging us in our efforts to bring accountability
to state government.
I have been shocked this year by the refusal of our top state officials
to comply with the rule of law. The Attorney General, Public Disclosure
Commission, State Treasurer, and Governor have all acted in a way that is
detrimental to both the short- and long-term health of the state.
Attorney General
EFF filed a complaint with the Attorney General against the National Education
Association in January that detailed the union’s egregious violations
of state law. Under state statutes, the AG has 55 days total to conduct
an investigation and take appropriate action. But the AG’s office instead
turned the investigation over to the state Public Disclosure Commission.
Public Disclosure Commission
The Public Disclosure Commission (PDC) investigated our complaint and found
the NEA guilty of violating the law, but then made an audacious recommendation.
While commission staff suggested the AG pursue a settlement with the union
that included stiff penalties, they also said if no settlement could be
reached the AG should drop the case due to the cost of the litigation.
Boy, that’s incentive for the NEA.
On the same day that the PDC staff published their recommendation, they
also recommended that the AG throw the book at tax reform activist Tim Eyman.
Eyman’s reporting violations, while wrong, were not nearly as large
in scope as the NEA’s illegal activity. Besides, all of Eyman’s
contributions were voluntary.
It seems state officials do not view the legal system as a tool for pursuing
justice so much as a tool to pursue the “little guy” while letting
powerful special interests off the hook. After all, it’s so much easier
to get the little guy. As one commissioner stated: “It’d have
been the big NEA against the little PDC.”
So, instead, it will be the little Evergreen Freedom Foundation against
the big NEA.
Our lawsuit was filed as a citizen action on behalf of the State of Washington
and the case is Washington State v. NEA.
Governor
As you know, we blew the whistle on Governor Locke’s and State Treasurer
Mike Murphy’s violations of the state’s Budget and Accounting
Act.
To recap: Governor Locke has refused to comply with a state law (which I
drafted in 1981) that prohibits the state from having a cash deficit, and
requires the governor to make immediate across-the-board cuts when one occurs
or is projected. The law was successfully implemented twice in the past
by former Governor John Spellman to eliminate and prevent cash deficits.
In both cases, Spellman was able to call a special session of the legislature
and develop responsible alternatives before the across-the-board cuts went
into effect on the 30-day deadline.
Governor Locke’s refusal to comply has resulted in a worsening financial
crisis, a lowered state bond rating handed down by two bond firms, and our
state’s placement on Standard & Poor’s “credit watch”
list.
Frankly, I believe the governor lacks the political will to do what is right
and make the tough decisions. After watching his action (or inaction, as
the case may be) this year, I believe he is committed to allowing the budget
crisis to grow until he can get tax increases passed in the legislature.
That is how he will satisfy his liberal constituency.
Treasurer
State Treasurer Mike Murphy has refused to provide the public records EFF
is seeking about our state’s cash flow forecasts for this biennium.
A Senior Attorney General actually blocked our access to the records in
the Treasurer’s office, even though state law requires those records
to be open for public review during normal business hours. We are currently
appealing these actions with the Attorney General. If necessary, we will
consider going to court to force the AG to comply with the state’s
public records law. Unfortunately, it is a costly process, but the law is
clearly on our side.
Protecting our right to public records is crucially important. The intent
of our state’s public records law is clear, and it is posted right
on the Attorney General’s website:
The people of this state do not yield their sovereignty to the agencies
which serve them. The people, in delegating authority, do not give their
public servants the right to decide what is good for the people to know
and what is not good for them to know. The people insist on remaining informed
so that they may retain control over the instruments they have created.
(RCW 42.30.010)
We will definitely keep you informed of our progress in getting these laws
enforced. Meanwhile, as citizens, we all need to be active and vigilant.
Our alternative is to lose our liberty and leave our children and grandchildren
to fight an even harder battle to regain it.
I do not consider that an alternative.
Living Liberty is the Evergreen Freedom Foundation's monthly newsletter. It provides updates on the issues and projects EFF is currently working on. You will also find commentary on state and sometimes federal government issues.
Living Liberty is available for our members only. Please click here if you would like to become a member.
At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:
"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"
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