August 23, 2005
Sewer of Corruption (IX)

"WEA puts teachers at risk of violating campaign finance laws"

In clear violation of state law and Public Disclosure Commission (PDC) guidelines, the Washington Education Association (WEA) is instructing members they can promote ballot initiatives using school district facilities. The WEA website directs members to a flyer that outlines what it considers acceptable practices:
“[Teachers can use] school mailboxes or e-mail to distribute information regarding levy, bond or initiative campaigns only if school mailboxes and/or e-mail may be used for other personal communications.”
RCW 42.17.130 specifically prohibits this activity.

Posted by Stefan Sharkansky at August 23, 2005 02:30 PM | Email This
Comments
1. Will they also be exempt from reporting inkind contributions?

Posted by: Chick on August 23, 2005 02:40 PM
2. As long as there is no enforcement, laws are irrelevant.

Queen Christine aint gonna enforce that law.

Posted by: BananaLand (aka Iguana) on August 23, 2005 03:05 PM
3. It's for the children, don't forget the WEA is all about the children.

Posted by: JCM on August 23, 2005 03:20 PM
4. Just more junk from the WEA, which tries to claim being 'for' education and 'the children', when its real goal is lining the pockets of its members, keeping bad teachers from being fired no matter how bad or criminal they might be, and promoting the state Democrat party leftwing political agenda (oh yes they do: what do you call their corny campaign against Walmart??? And what does that have to do with education, really??)

Posted by: Realist on August 23, 2005 03:26 PM
5. The flyer says they can use the mailboxes and email if the mailboxes and email are allowed to be used for personal communications. If they aren't allowed for personal communications then mailboxes and email are allowed for political organizing. Sounds like an interesting loophole. Who decides if these mailboxes and email can (or can't) be used for personal communications? Who enforces it?

Perhaps the WEA would be so kind as to show us that exception in RCW 42.17.130.

Posted by: SouthernRoots on August 23, 2005 03:35 PM
6. This is nothing new from the educational establishment in this state. They've been using public resources to lobby their causes for years.

The Legislature receives thousands of phone calls, e-mails (and prior to e-mail) faxes from teachers demanding pay raises, opposition to charter schools and any number of educational issues under debate every week during session. And these calls, e-mails and faxes come directly from the school (.edu) accounts, phone numbers and fax machines. (love the faxes, btw. Originating call number listed right at the top of the sheet. Main fax number to the school.)

And just try pointing out to one that what they're doing is illegal and see what you get. Some of the most vicious letters, calls and responses come from our wonderful, loving teachers.

Nope. This is old hat. And unlike other state employees who get popped by the PDC doing illegal activities, nothing will be done. Again.

Move along. Nothing to see here.

Posted by: jimg on August 23, 2005 03:49 PM
7. Bob Williams of the EFF could probably give you dozens of such examples.

Funny how moral superiority means you don't have to follow the spirit, let alone the letter, of the law.

WEA/NEA...proud propaganda arm of the looney left.

Posted by: scott158 on August 23, 2005 04:09 PM
8. A positive aspect is that while teacher is surfing the net with impunity, she cannot be teaching moonbatism to our kids! What a relief to know.

Posted by: Elvis is the King County on August 23, 2005 04:25 PM
9. Wonder how many teachers will be writing email on school computers urging their colleagues to vote for IRONS? Can you imagine the response toward a conservative leaning teacher taking advantage of their employment rights?

Posted by: Elvis is the King County on August 23, 2005 04:46 PM
10. Where's headless?

Posted by: JCM on August 23, 2005 05:52 PM
11. Actually, lining the pockets of its members is fairly far down on the WEA's agenda. This is what I think the WEA's priorities are:

1. Expand WEA power by keeping Democrats in control of state government
2. Expand the WEA membership
3. Reduce teacher workload to increase demand for teachers
4. Enforce collection of union dues/campaign contributions (closed shop works great here)
5. Strengthen the taxpayer funded public education monopoly.
6. Keep WEA members marginally satisfied with pay and benefits

No, I did NOT forget the children. Children are not on the WEA's agenda. They are just the excuse for the aggregation of power.

Posted by: JC Bob on August 23, 2005 07:29 PM
12. Sometimes you need to read the whole thing. RCW28A.320.090 allows school districts to spend money to "distribute information regarding levy, bond or initiative campaigns" just as the WEA states. The teachers must have permission from the Board of directors before using the school districts assets to send out information about the levies and bond issues, however. And under no circumstance can they promote the levy or bond issues, they can only send out information that is unbiased.

I think you are reading too much into the statement they provided.

Posted by: Doug on August 23, 2005 07:49 PM
13. After reading it closely I have to agree with Doug.

I love teachers but dispise the WEA. However, this is what they do!!! I am sure they had it run by lawyers and everything is legal ok.

Should the law be changed? absolutley. Is the WEA setting up its members though ambiguity? most likely.

On a side not, I do know a teacher who was told she had to remove her Dino Rossi sticker while on school grounds. I am glad the WEA has come to her defense.

Posted by: T.J. on August 23, 2005 10:20 PM
14. JC Bob, but the WEA hides behind kids and shows pictures of them in their ads, as though they ARE the concern of the WEA. Everyone knows that.

My sister is a teacher, and a darn good one. But she quit the NEA and even sued the California Teachers Association for unfair dues-charging practices. (and WON). Many teachers out there know what the NEA is up to and want no part of it.

Posted by: Michele on August 23, 2005 10:26 PM
15. This WEA thing is the only "union" that has both teachers and administration (supervision) in the same bed. They're on the same page when it comes to lobbying. I'll bet the farm that when regulations are written like this one under discussion, they've protected themselves like no other. That and the "enforcement" arm is well lubricated with teachers dues money as well.

Posted by: PC on August 23, 2005 10:55 PM
16. I THINK IT WAS SAID BEST IN STAR WARS WHEN A STORMTROOPER SAID: “THESE AREN’T THE DROIDS WE WANT, MOVE ALONG, YOU CAN GO ABOUT YOUR BUSINESS”

Posted by: TACOMA PHLASH on August 24, 2005 07:48 AM
17. PC

I do not know of a situation where the Democrat employers of public employees are not in bed with the unions; do not look to the unions as one of their primary sources of campaign funds. There may be a few Conservative Democrats who think that the collusion between government employers and the public employee unions is not the right thing but they are VERY few and far between.

And don't you love it when the employer jams a closed shop (as Fraudiore just did) down the throats of state employees. For practical purposes, Fraudiore just forced state employees to write her campaign checks.

Posted by: JC Bob on August 24, 2005 08:54 AM
18. Don't liberals always talk about orginizations that "look like" the communities they serve? Teachers at a school should reflect the makeup of the district. A percentage of Black, Hispanic, White, Female and gay that matches the neighborhood.

Well, how about matching the percent of union members in a given community? If the district is 21% union, then no more than 21% of the teachers can be union members.

Posted by: Huey on August 24, 2005 08:59 AM
19. Michele

If "everyone knows" that the WEA hides behind kids, why have the voters of Washington turned down ever charter school initiative opposed by the WEA and supported every reduce class size/increase teacher compensation initiative supported by the WEA.

Posted by: JC Bob on August 24, 2005 09:11 AM
20. Our teachers are just leading by example!

Posted by: Fed UP on August 24, 2005 10:16 AM
21. The WEA article which prompted the complaint to the PDC promotes a Canadian court case which ruled that “school employees can speak out about education… concerns… in forums such as parent-teacher conferences and on school bulletin boards.”

The WEA portrays this decision in a positive light as if the same should be allowed here in the United States. In doing so, they disparage the necessity of our government remaining neutral in political decisions.

The flyer the WEA links to says teachers can use school facilities for political purposes if they are allowed such use school facilities for personal use. This is true, but I do not know of a school district that allows teachers unlimited personal use of school facilities.

Schools generally allow only de minimus use of school facilities for personal purposes. De minimus is not clearly defined, but has been described as short emails saying, “I’m working late” or “pick up some milk on the way home.” It basically means, “Don’t exceed reasonable use.” Political campaigning may exceed reasonable use.

The union will argue that to prohibit political expression during de minimus personal use violates teachers First Amendment rights. However, the government has a compelling interest in remaining neutral on political issues. Imagine the influence an email has when it originates from a school district email address. It basically has the endorsement of the school. This is inappropriate.

In the end, the article and flyer can easily confuse innocent teachers and cause them to violate the law. The WEA should care more for their members. The Public Disclosure Commission has expressed frustration over the annual violations by the WEA of campaigning laws and they should clarify the law and prohibit the WEA from making ambiguous and misleading statements.

The web page: http://www.washingtonea.org/index.php?option=com_content&task=view&id=424&Itemid=1
The flyer: http://www.washingtonea.org/wea/pubs/action/02-03/Oct-02/Action10_02-p8.pdf

Posted by: rbedford on August 24, 2005 10:19 AM
22. Doug, where did you get that? Here's the text of RCW 28A.320.090:
Preparing and distributing information on district's instructional program, operation and maintenance -- Limitation.
The board of directors of any school district shall have authority to authorize the expenditure of funds for the purpose of preparing and distributing information to the general public to explain the instructional program, operation and maintenance of the schools of the district: PROVIDED, That nothing contained herein shall be construed to authorize preparation and distribution of information to the general public for the purpose of influencing the outcome of a school district election.

Posted by: mjr on August 24, 2005 10:59 AM
23. mjr,

The quote is from the WEA recommendation, "distribute information regarding levy, bond or initiative campaigns". The law is how you state, clearly it allows school districts and employees, if given proper authority, to use district assets and finances to distribute information contained in a M&O levy as long as it reasonably cannot be construed as being done to influence the outcome of the election.

There are some great "iffy" examples of this happening. How many times have you received a 'report' from your state representative before primary election or general election, stating what they have accomplished? Most of those do not violate the law even though they are clearly meant to be a means to use government money instead of campaign money to get the incumbent's name out there.

School districts such as ours, routinely pay dollars to put the highlights of M&O levy issues in local papers. We carefully craft these so it is only dissemination of information without any hint of campaigning. I would guess that it would be legal for the district and it's employees if properly authorized, to send out emails containing the same type of information to residents of the district. I don't even believe there is a need at all for the district to previously allow minor personal use of the email system, in the case of an M&O levy.

Clearly, the law allows for the dissemination of the information so as long as it is just that and not any more.

Posted by: Doug on August 24, 2005 07:03 PM
24. Actually, the permission to use school mailboxes for personal and union communication, and hence for promoting ballot issues, is often incorporated in the teachers contracts, with the blessing of the "superintendents union" WASA, and the school boards, who are natch, trained largely by the superintendents.

So, if you don't like it, go beat up your local school board member. Glad I am no longer on the board of education, but one of my big issues as a state association leader (WSSDA) was that board members were trained largely by superintendents, and that training was reflective of the interests of the superintendents, which is to keep the peace, so that they can continue to draw their large salaries.

The Geezer

Posted by: The Geezer on August 24, 2005 09:47 PM
25. Geezer,
You are so correct about superintendents wanting only to keep peace so they can draw that huge salary. I have seen several superintendents come and go here in our small town. All moved on to bigger and better things even after scandals, under their watch, that should have ended their careers.
We have a pastor attend our graduation ceremony every year to say a prayer. A lawyer I know, who specializes in school law, was at one of these graduations and videotaped it. He told me he would be talking to the superintendent about this complex issue. The next year, a different pastor attended graduation and said his prayer, with a small disclaimer at the beginning. He said some people objected to the prayer, so he had to keep it general. I asked my lawyer friend what the superintendent said to him. He told me the superintendent said he agreed with the lawyer but he couldn't rock the boat with the board. THEY all wanted the prayer so it would stay.
Don't get me wrong, I attend church, I don't mind the prayer at graduation, until they bring a Wicca. The sad thing is the school board can't say they weren't warned.
We don't usually have to deal with the union issue here. The liberal teachers know they are a minority in this county.

Posted by: cc on August 25, 2005 06:43 PM
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