Evergreen Freedom Foundation v. EDUC. ASS'N
| Decision Date | 18 May 2000 |
| Docket Number | No. 67126-5.,67126-5. |
| Citation | 999 P.2d 602,140 Wash.2d 615 |
| Court | Washington Supreme Court |
| Parties | STATE of Washington ex rel. EVERGREEN FREEDOM FOUNDATION, A Washington Nonprofit Corporation and Teachers for a Responsible Union, An Unincorporated Association, Petitioners, v. WASHINGTON EDUCATION ASSOCIATION; National Education Association; Kristeen Hanselman; Bellevue Uniserv Council; Cascade Uniserv Council; Chinook Uniserv Council; Eastern Washington Uniserv Council; Fourth Corner Uniserv Council; Kent Uniserv Council; Lower Columbia Uniserv Council; Mid-State Uniserv Council; North Central Uniserve Council; Olympic Uniserv Council; Pilchuck Uniserv Council; Puget Sound Uniserv Council; Rainier Uniserv Council; Riverside Uniserv Council; Samammish Uniserv Council; Seattle Uniserv Council; Soundview Uniserv Council; Southeast Washington Uniserv Council; Spokane Uniserv Council; Vancouver Uniserv Council; Tacoma Uniserv Council; Seattle Education Association; Seattle School District No. 001; Bellevue School District No. 405; Central Kitsap School District No. 401; Everett School District No. 002; Federal Way School District No. 210; Highline School District No. 401; Kent School District No. 415; Lynden School District No. 504; Olympia School District No 111; Pasco School District No. 001; Sedrowooley School District No. 101; Spokane School District No. 081; Tacoma School District No. 010; Vancouver School District No. 037; and Yakima School District No. 007, Respondents. |
Song, Oswald & Mondress, James D. Oswald, Seattle, for Amicus Curiae on behalf of Washington State Labor Council.
Davis, Wright, Tremaine, Daniel Benjamin Ritter, Seattle, for Amicus Curiae on behalf of Foundation for Campaign Finance Comm.
Shawn Newman, Olympia, for Amicus Curiae on behalf of Initiative and Referendum Institute.
James Martin Johnson, Jeanne A. Brown, Evergreen Freedom Foundation, Olympia, Ellis, Li & McKinstry, Steven T. O'Ban, Nathaniel Lee Taylor, Seattle, for Appellants.
Judith A. Lonnquist, Clifford Donald Foster, Jr., Seattle, Harriet Kay Strasberg, Olympia, Joni Roberta Kerr, Vancouver, Catherine O'Toole, Federal Way, for Respondents.
Appellants Evergreen Freedom Foundation1 and Teachers For A Responsible Union2 seek direct review of orders of summary judgment and dismissal by the Thurston County Superior Court in favor of Respondent School Districts3 and Washington Education Associations4 in a lawsuit by Appellants claiming violation by Respondents of RCW 42.17.680(3) in withholding funds from wages or salaries for political contributions without obtaining annual written authorizations. The Superior Court concluded that the WEA, in its capacity as a labor organization, did not violate RCW 42.17.680(3) because the statute applies only to an "employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries." Additionally, the court concluded that Respondent School Districts did not violate section 680(3) because WAC 390-17-100, the rule promulgated by the Public Disclosure Commission to implement the statute, is entitled to great weight and the School Districts have complied with it. We affirm.
The questions presented in this case are:
(1) Whether the Washington Education Association, in its capacity as a labor organization, is an "other person or entity responsible for the disbursement of funds in payment of wages or salaries" under RCW 42.17.680(3), which requires annual written authorization from members for payroll deductions by employers from wages or salaries for political contributions.
(2) Whether WAC 390-17-100, promulgated by the Public Disclosure Commission (PDC) to implement RCW 42.17.680(3), properly requires an employer to obtain annual written authorization from employees for payroll deductions for political contributions only when payment from the deductions is made to a political committee required to report under chapter 42.17 RCW or a candidate for state or local office.
The facts in this case are not disputed. RCW 42.17.680(3) was enacted as a consequence of passage of Initiative 134 as section 8 of the Fair Campaign Practices Act on November 3, 1992.5
In the 1991 legislative session, Engrossed Substitute Senate Bill 5864 was introduced to regulate political contributions, campaign expenditures and advertising.6 The bill, the original version of which later became Initiative 134, passed the Senate on March 15, 1991.7 The House referred the bill back to the Senate where it remained without further action through expiration of the 1991 legislative session.8
In 1992, senators from one political party sponsored Initiative 134.9 The required signatures were obtained on the petition to the Legislature for the initiative to be placed on the November 1992 ballot.10 Initiative 134 was passed by popular vote on November 3, 1992 by a margin of seventy-two percent.
Before Initiative 134 was passed in 1992, the Washington Education Association (WEA) made political contributions through a registered political committee, Political Unity of Leaders in State Education (PULSE).11 At that time, PULSE was funded by automatic payroll deductions from the salaries or wages of WEA members who were state employees.12 There was no requirement for annual reauthorization of PULSE deductions. After passage of Initiative 134, the WEA determined it was then required to obtain annual written authorization from its members before making further automatic payroll deductions for PULSE.13
The WEA dissolved PULSE in 199414 and established two new entities: the Washington Education Association-Political Action Committee (WEA-PAC)15 and the Political Education Fund, later renamed the Community Outreach Program (COP).16 WEA-PAC is funded by a separate payroll deduction for which the WEA obtains annual written authorizations from employee-members.17 COP is funded by "a special assessment on members" and not from a mandatory general membership dues deduction.18 Employees within the WEA bargaining units who choose not to become WEA members are assessed a separate "agency shop fee,"19 which does not include a COP assessment,20 as provided in collective bargaining agreements with employee-members and under RCW 41.59.100.
In this case, the WEA has negotiated collective bargaining agreements on behalf of the recognized bargaining units of Respondent School Districts' certificated employees affiliated with it.21 Under the collective bargaining agreements, Respondent School Districts, through payroll deductions, withhold WEA general membership dues and agency shop fees of non-WEA members in the amounts determined by the WEA.22 The WEA facilitates the payroll deduction process23 and supplies the Respondent School Districts with membership manuals, rosters, various enrollment information, dues distribution information and written authorization forms. The school districts' payroll officers transmit withheld funds to the WEA or its designees under terms of the collective bargaining agreements.24 The WEA, COP, Uniserv Councils, and local education associations which receive funds withheld by Respondent School Districts have never registered as "political committees" under chapter 42.17 RCW nor have they been candidates for state or local political offices.25
Since August 30, 1993, an administrative rule promulgated by the Public Disclosure Commission, WAC 390-17-100, has required employers to obtain annual written authorizations from employees for payroll deductions for political purposes only when a recipient is a registered political committee under chapter 42.17 RCW or a candidate for state or local office.26 Respondent School Districts acknowledge they are "employers" under RCW 42.17.680(3) and Chapter 41.59 RCW, the Educational Employment Relations Act.27
On June 24, 1997, Appellants Evergreen Freedom Foundation and Teachers For A Responsible Union28 filed in the Thurston County Superior Court a complaint against Respondents School Districts and Education Association for campaign finance, reporting and contribution violations of chapter 42.17 RCW.29 Their amended complaint filed on December 17, 1997 claimed several violations, including violation of RCW 42.17.680(3) by the WEA and Respondent School Districts for withholding funds from wages or salaries to be used for political committees or for use as political contributions without obtaining annual written authorizations.30 Respondent Education Association filed its answer to the original complaint on August 12, 1997.31 The answer of Respondent School Districts32 to that complaint was filed on November 13, 1997.33 Both Respondents denied each of the claimed violations of chapter 42.17 RCW.
On January 9, 1998, the Thurston County Superior Court, the Honorable Wm. Thomas McPhee, granted the motion of the Public Disclosure Commission (PDC) to intervene for the limited purpose of opposing Appellants' motion to add additional causes of action to its amended complaint.34 The court denied Appellants' motion.35
On April 3, 1998, Respondent Education Association, Appellants Evergreen Freedom Foundation, Respondent School Districts and Vancouver School District filed separate motions.36 Respondent Education Association moved to dismiss the claims in Counts III and IV of Appellants' amended complaint because the Association is not a "political committee."37 In their motion for partial summary judgment, Appellants claimed the WEA and Respondent School Districts have violated RCW 42.17.680(3) and that the WEA is a "political committee" under RCW 42.17.020(33).38
The trial court granted Respondent Education Association's motion to dismiss and denied Appellants' motion for partial summary judgment on July 2, 1998.39 The court concluded the WEA is not an "employer or other person or entity responsible for the disbursement of funds in...
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