State appeals payroll ruling

The state of Utah wants to keep alive a legal fight over a law banning employees of school districts and other government entities from contributing to political organizations through payroll deductions.

Assistant Utah Attorney General Thomas Roberts confirmed Friday that the state filed a notice of appeal with the 10th Circuit Court of Appeals in Denver on Thursday. The move calls into question a May 3 ruling issued by U.S. District Judge Tena Campbell, which declared the Voluntary Contributions Act of 2001 unconstitutional.

The state's position on why it disagrees with Campbell's ruling will be filed with the appellate court within 10 days, Roberts said Friday.

In general, Roberts said, the state views school district payroll systems as government property. Because it is viewed as government property, Roberts said the state feels it should be considered a "non-public forum" and exempt from First Amendment speech guarantees.

But the Utah Education Association, one of the plaintiffs in the lawsuit, says the state is wasting public dollars by appealing.

"We aren't surprised with the appeal, but we're disappointed they continue to make decisions about expending money that will have little return," UEA executive director Susan Kuziak said. "The state has lost at every turn. They continue to make bad decisions about spending money ... in these losing appeals."

The Voluntary Contributions Act bans employees of school districts and other government entities from contributing to political organizations through payroll deductions.

The UEA, Utah AFL-CIO, Utah American Federation of Teachers, Utah School Employees Association, Professional Firefighters of Utah and others sued the state over the law, saying it violated free speech.

But the Utah Attorney General's Office claimed that because governmental entities were created by acts of the Utah Legislature, the Legislature has a right to control their payroll functions. It also argued the law did not discriminate based on the political message or view of any organization. The state still allowed payroll deductions to certain charity organizations.

But the judge ruled the law violated free speech and served no "compelling state interest" in limiting the ability of school districts and other government entities to offer voluntary payroll deductions for organizations such as the UEA's Political Action Committee.

The law dented the UEA PAC's fund-raising abilities. PAC funds went from $636,000 to less than $300,000 in a three-year span, a Deseret Morning News review of PAC reports found last fall.

The state has not sought to stay any attempt to act under Campbell's ruling. Roberts said the state has received no indication that any school districts are working to reintroduce the payroll deductions, Roberts said.

But Kuziak said UEA local leaders are talking with district superintendents about reinstating the payroll deductions.

"We will try to do it for the new school year," she said.

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