Officials of the Washington Education Association were in court again this week, this time arguing before the Washington Court of Appeals that they should not be required to report their political expenditures as a political action committee.
In 1996, the WEA spent an admitted $1.1 to 1.6 million from its general funds on direct political contributions to defeat two ballot initiatives. The WEA acted in a way that, according to the Seattle Ethics and Elections Commission, would classify it as a political action committee (PAC). Union officials hired outside political strategists and pollsters; they trained their own employees and lent them out to work on campaigns; they organized political action plans in order to "reeducate" their members; etc.
The WEA inaccurately reported its activities and expenditures to the public. So, in 1997, the Evergreen Freedom Foundation filed suit alleging that the union should be required to report its election influence the way all other political action committees must.
The case went to trial in 1999, and Thurston County Superior Court Judge Thomas McPhee ruled that the WEA did not have to report as a PAC because its political expenditures weren’t "meaningful" in relation to its multi-million dollar annual budget. In other words based on the percentage of WEA’s political expenditures in relation to the union’s overall budget the judge determined politics weren’t WEA’s "primary purpose" so the union should not be subject to PAC reporting requirements.
Considering the WEA had spent more in the 1996 election than the state’s largest formally registered PAC, Judge McPhee’s ruling defeated the purpose of state public disclosure laws. The Public Disclosure Act was written to protect fair elections by keeping citizens informed about the election influence of powerful special interests.
Think about what Judge McPhee’s ruling would mean. Boeing’s overall budget ranges in the billions of dollars every year. So if the company spent, say, $50 to $100 million to influence an election, it would be relieved of reporting responsibilities.
The judge’s reasoning opens the door for large organizations to invest massive amounts of money in elections, while smaller groups must adhere to the stringent rules issued by the Public Disclosure Act because their smaller contributions constitute a larger portion of their overall budget. This is patently unfair and defeats the public’s right to know about the powerful special interests influencing elections.
That’s why EFF appealed the decision.
At the appeal hearing, which took place on Oct 16th in Tacoma, the WEA’s attorney argued that requiring the union to report its activity would be an onerous burden. Union officials refuse to register as a PAC because they feel that they don’t really "get involved" in politics. On the other hand, WEA president Charles Hasse says it is the union’s professional responsibility to stay involved in politics and retain its political power so it can advocate on behalf of members.
With that claim, the WEA continues to pour teachers’ money into politics. Just last month the WEA’s board voted to spend $25,000 to oppose I-747, the property tax initiative. Board members also voted to spend $5,000 to support I-773, which would raise taxes on tobacco products to fund health care, and $1,000 to support I-775, which would establish an oversight authority for home health care services. Funny thing is, these issues have little if anything to do with education or teachers’ compensation.
Teachers certainly should have a voice in the political arena. It is their right and duty as American citizens to be vocal about government policy, and their union has every right to be that voice as long as it has the voluntary support of its members. If that is the case, union officials have no cause to fear the disclosure of their political advocacy. Teachers and the general public have a right to know how much and to whom the WEA is contributing funds. That is the reason our state enacted campaign finance laws.
WEA officials need to play by the rules, just like everyone else.
Carl Gipson is the Communications Coordinator for EFF’s Teachers’ Paycheck Protection Project. He can be reached at (360) 956-3482 or cgipson@effwa.org.
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]?"