Circuit court to hear Utah payroll appeal

The 10th Circuit Court of Appeals will hear an appeal next Wednesday by the state of Utah of a federal judge's ruling that declared a law banning government payroll deductions for political organizations unconstitutional.

Last May, U.S. District Judge Tena Campbell ruled that a 2001 law passed by the Utah Legislature banning payroll deductions for political organizations for employees of school districts and other government entities served no "compelling state interest" and violated employees' freedom of speech.

Now the state has appealed that decision, claiming Campbell's decision was flawed in that government systems should be kept politically neutral.

"The payroll systems they seek to access are the property of local government entities," wrote Assistant Utah Attorney General Thom Roberts in a brief to the 10th Circuit Court of Appeals.

The state claims maintaining government payroll systems as politically neutral serves the government's interest.

"The United States Supreme Court has held that restricting access to payroll systems is a reasonable means of maintaining a politically neutral government workplace, and that the government need not await disruption before acting to prevent it," Roberts states.

Attorneys for the Utah Education Association, along with five other labor organizations, including Professional Firefighters of Utah and the American Federation of State, County and Municipal Employees, say the state and Utah Legislature are overreaching their authority.

In their brief to the 10th Circuit, attorneys for the UEA say government payroll systems are controlled by each governmental entity, such as school districts, cities and counties, and not by the state.

"The state is not merely refusing to open its own payroll system to deductions of political contributions; rather, the state is reaching out to prohibit local governments from allowing their own employees to transmit political contributions through the local governments' payroll system, despite the local governments' willingness to do so," the UEA brief states.

The ongoing legal battle stems from a years-long political row between the Utah Legislature and UEA, which lobbies over education issues at the capitol. For the past few years, UEA has been credited with repeatedly helping to thwart voucher and tuition tax credit legislation. Its political action committee often funds and gives manpower to candidates opposing such measures. UEA has organized teacher walk-outs for political purposes.

In 2001, the Legislature passed the Voluntary Contributions Act, some say in hopes to cut the UEA down to size. Since the bill's passage, contributions to UEA dropped by over half.

But while the law prohibits payroll deductions from groups that are considered political, the state has still allowed deductions by charitable organizations, such as the United Way.

A panel of 10th Circuit judges is expected to hear arguments from both sides next Wednesday at the University of Kansas in Lawrence. The judges issue a ruling in the coming months. The ruling could have broad impact on government employees' groups and unions and their ability to raise funds.

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E-mail: gfattah@desnews.com