Contact: Marsha Richards, Communications Director
(360) 956-3482

Judge throws NEA case back to PDC

In a ruling this morning, Thurston County Superior Court Judge Paula Casey remanded a campaign finance case brought by the Evergreen Freedom Foundation against the National Education Association back to the state Public Disclosure Commission.

Judge Casey cited an Appellate Court ruling -- handed down after EFF filed suit on behalf of teachers -- in deciding that EFF’s citizen action had been filed prematurely, but said she expected to see the Foundation back in court “immediately” if the PDC does not recommend enforcement action against the NEA at its meeting next Tuesday.

“In this case, a government agency charged with enforcing the law has a staff recommendation that this case not be pursued because of the cost of this litigation,” said Casey. “I would expect [EFF] to be back here immediately if [the PDC doesn’t] do something at its next meeting. That would be evidence that they’re not intending to act.”

PDC staff investigated EFF’s complaint earlier this year and found the NEA guilty of taking money from thousands of teachers in Washington state and illegally spending it on politics. NEA’s state affiliate, the Washington Education Association, was found guilty of “intentionally” violating the same law last year and ordered to pay more than $770,000 in penalties.

EFF filed suit against the NEA April 8 after PDC staff recommended the attorney general seek a settlement with “substantial” penalties, but stated that: “If a settlement cannot be reached . . . staff do not recommend that the Attorney General proceed with litigation based on the current budget cutbacks and the cost of such litigation.”

Staff of the PDC and the attorney general’s office concurred with EFF that the timing of the citizen action was appropriate under the governing statute. Judge Casey also expressed agreement with EFF’s interpretation of the citizen action provision, but deferred to what she called an “unnecessary” and “over-broad” statement in the Court of Appeals ruling.

If the Attorney General declines to take enforcement action, EFF will pursue the case.

“We expect the Attorney General to aggressively pursue this case in proportion to her prosecution of the WEA’s identical violations last year,” said Bob Williams. “That means significant fines and penalties for willful violations of the law, and meaningful remedies to ensure the NEA does not wrong teachers in the future. The NEA is many times larger than its state affiliate and the union’s own general counsel admits all of its expenditures are political.”

Evergreen Freedom Foundation P.O. Box 552, Olympia, WA 98507 Phone: (360) 956-3482, Fax: (360) 352-1874 Email: effwa@effwa.org