Judge reviewing deduction debate

The ability of school districts and other government entities to offer employee payroll deductions for private political organizations may boil down to one key question: Just how much control does the state have over cities, school districts and other local governments?

Such deductions were banned under state law in 2001, but a group of political organizations, including the Utah Education Association, Utah State AFL-CIO and Utah American Federation of Teachers are suing the state in federal court, claiming the ban on political payroll deductions violates free speech rights.

On Wednesday, U.S. District Judge Tena Campbell heard arguments from both sides in her effort to make a determination on whether she will rule if the law is, or is not, constitutional.

Assistant Utah Attorney General Thomas Roberts argued that cities and school districts were created by the Legislature and therefore function at its will. The state, Roberts said, considers local governments as arms of the state and that includes control over their payroll.

Having such an outlook is an "insult to local government" said Jeremiah Collins, attorney for UEA and other groups. Collins said payroll is the property of the local government entity that cuts the employees' paychecks, and is not under state authority. If the state wants to ban payroll deductions to political groups for their own employees, they have that right, but to tell other governments what to do is reaching, Collins said.

Roberts said the state worries about the "entanglement" of unions with public government.

Campbell questioned the public image of a city cutting a check to a political party for payroll deductions from employees who choose to donate.

Collins said such donations are no different than similar payroll deductions government employees make to charities.

Campbell said she plans to issue a written ruling in the coming days.

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