July 31, 2001

Tabor assessed a $200,000 civil penalty against the union, which he doubled to $400,000 as a punitive sanction saying he found, “that the WEA ‘intentionally’ chose not to comply with the clear language of the statute.” (RCW 42.17.760). The judge also ordered WEA to pay for the costs of the investigation, the trial and attorneys’ fees.

“WEA officials are used to breaking the law and having their way with teachers’ paychecks because they think no one is big enough to stop them,” said Lynn Harsh, executive director of the Evergreen Freedom Foundation (EFF). “Judge Tabor just sent those union officials an expensive reminder that they are not above the law.”

EFF initiated the investigation that eventually made its way to Tabor’s Court. In June of 2000, EFF filed a 45-day notice with the Attorney General (AG) on behalf of affected teachers alleging that the WEA had used agency fee payer teachers’ dues money for politics - a clear violation of state law. Agency fee payers are teachers who opt out of the union, often for political or religious reasons, but who are still required to pay 100 percent of regular member dues, except for the portion spent on politics and other non-traditional union functions.

Following an initial investigation by the Public Disclosure Commission (PDC), who referred the matter back to the AG for a thorough investigation, the trial was held in May of 2001.

“The citizens of this state should be very pleased with the thorough investigation conducted by our attorney general’s office and their excellent arguments in court,” Harsh said.

WEA attorneys argued that the union did not really use agency fee payers’ monies for politics because the union’s reserve funds exceeded the more than $800,000 alleged to have been illegally spent. Tabor said, “Any distinction between ‘collecting’ an agency fee and ‘expending’ monies for a particular purpose are forever obscured when the funds are ‘commingled’ into the general fund.”

Judge Tabor gave the WEA 90 days to present him with a procedure assuring that union officials will comply with the law in the future. The ruling today does not seek reimbursement for those teachers whose money was wrongfully used by the WEA instead of being reimbursed to them. A separate class action suit of the more than 4,000 affected teachers has been filed.

Seattle Post Intelligencer
"$400,000 campaign fine against WEA"
"Teachers' Union plans to appeal $400,000 fine"

Olympian
"State teachers union fined $400,000: Fine largest ever imposed in state for violating campaign finance laws."

WEA's earlier stipulation admitting guilt so that the state (instead of Evergreen Freedom Foundation) would prosecute

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