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PDC refers union case to AG EFF calls for thorough investigation
OLYMPIA, WA - Washingtons Public Disclosure Commission
(PDC) found the National Education Association (NEA) guilty today of apparent
multiple violations of a state law that requires the union to get
permission from non-member teachers* before spending their money to advance
political causes.
Commissioners referred the case to Attorney General Christine Gregoire
for further action, saying their ability to penalize falls short of the
magnitude of the violations.
The complaint against the NEA was filed in January by the Evergreen Freedom
Foundation, a non-profit public policy research organization. The unions
state affiliate (WEA) was found guilty of identical violations last year
and ordered by a judge to pay a $400,000 fine and refund teachers nearly
$200,000.
Attorney General Gregoire thoroughly investigated the WEA last year,
and we expect she will do the same with the NEA, said Bob Williams,
EFFs president. Citizens and teachers deserve to know the magnitude
of the NEAs illegal political spending.
In a recent court hearing, NEA attorneys made it clear the union has already
pursued settlement negotiations with Gregoire, but EFF contends any settlement
made before a serious investigation would be based on the NEAs own
word and a cursory initial investigation.
NEA officials will try anything to keep the Attorney General out
of their books, said Williams. Our investigations show that
almost everything the union does is political. Thats why we can expect
the NEA to aggressively pursue a settlement.
The NEAs general counsel, Robert Chanin, clearly stated in November
2000: You tell me how I can possibly separate NEAs collective
bargaining from politics-you just cant. . . . Its all politics.
NEA attorney Richard Wilcoff argued before the PDC today that the amount
of money illegally spent was just a tiny fraction of the unions
overall budget, so any violations were de minimis. That argument
was rejected by PDC Chair Michael Connelly.
Simply because youre large doesnt change the standard
of conduct we have to follow, said Connelly.
Last year more than 1,500 citizens contacted the Attorney Generals
office to ask for a thorough investigation in the case against the WEA.
* Teachers who opt out of the union become agency fee payers.
They are required to pay fees equal to regular union dues (average annual
dues: $733). State law strictly prohibits the use of agency fees for political
activity without permission from individual teachers.
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]?"