Bob Williams | Evergreen Freedom
Foundation The recent revelations of fraud and corruption in the Washington, DC
and Miami-Dade teacher unions shouldn't have surprised anyone. The officials
involved had just what they needed to pull off the heist: They were top
dogs in monopoly unions; they had the power to force thousands of teachers
to give them money; there were no limits on how much they could charge;
and there were no laws requiring them to disclose how they spent teachers
money.
So how did these corrupt officials get caught? One of them made a really
stupid mistake and the other was the subject of a death-bed confession.
Hardly typical, and hardly something we can count on in other states where
the same scenario may exist.
The question is: Does it?
Millions of public school teachers have every reason to ask that question
right now. Most are required to pay several hundred dollars each year to
the local, regional, state and national branches of the National Education
Association (NEA) or the American Federation of Teachers. The unions use
this money to provide forced representation and . . . what else? The experience
of teachers in Washington state shows that, at least in the case of the
NEA, it is nearly impossible for teachers to find out how their dues and
fees are being spent.
As a former CPA and government auditor I have, at the request of teachers,
personally reviewed more than 60,000 internal teacher union documents. In
the course of court litigation, my organization has deposed 80 of the unions
top officials.
While the details are muddy even after all that, we uncovered some pretty
shocking facts:
First, the union spends some teachers money illegally. Our investigations
into the NEAs Washington state affiliate have prompted our Democrat
state attorney general to prosecute the union twice, resulting in massive
fines and penalties which union officials have paid with teachers
dues.
Second, I estimate at the national level that 99 percent of the unions
spending is unrelated to traditional union activities like collective bargaining,
contract negotiation and grievance assistance. NEA officials already openly
admit 45 percent of their spending doesnt relate to the unions
supposedly core activities. (At the state and local levels, I estimate 70-80
percent of the dollars spent are not used for traditional
union purposes.)
Third, with affiliates in all 50 states and more than 13,000 communities
nationwide, the NEA is arguably the most powerful political force in America.
Union officials develop finely-tuned, ambitious, and controversial political
strategieswith hopeful goals like the one expressed this year at the
NEAs annual convention that the union will "find some right-wing
Republicans that we can take out." The NEA also plans to target 16
states to oust President Bush in 2004.
So is the NEA addressing these controversial issues and considering new
standards for union disclosure? You bet. Consider the unions aggressive
actions:
Thirty-two of the NEAs state affiliates are currently suing the
federal Department of Labor to prevent the agency from requiring them
to file basic financial reports, such as those routinely filed each year
by private-sector unions.
The NEAs affiliate in Washington state (WEA) has sued the states
campaign finance enforcement agency to defeat rules requiring verification
that teachers are voluntary contributors to the unions special political
action fund.
The NEAs state affiliate permits teachers who want to question
its spending practices to go through an annual arbitration process, but
that process has been described by former FBI agent and former state attorney
general Ken Eikenberry as less fair than some of the administrative hearings
he attended in the old Soviet Union. Teachers may hire their own lawyers
or accountants to help them, but only if the professional representatives
sign a gag order.
In attempts to avoid financial disclosure to teachers, the WEA has successfully
argued in a Washington Superior Court that is has "no fiduciary duty"
to its members.
In 1996, the union sought and obtained a protective order to seal what
one judge described as a "smoking gun" political plan exposed
during litigation.
These secretive policies create a fertile breeding ground for the kind
of corruption and fraud weve seen uncovered in DC and Miami, and NEA
officials are fighting tooth-and-nail to preserve them.
What is the NEA trying to hide?
Bob Williams is president of the Washington state-based Evergreen Freedom
Foundation, a non-profit public policy research organization dedicated to
restoring and protecting free speech and fair elections.
Contact: Bob
Williams | President | (360) 956-3482
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]?"