Issue link: https://digital.copcomm.com/i/39006
AEA Files Lawsuit Over Educator Gag Bill On May 23, 2011, the Arizona Education Association (AEA) filed a lawsuit contesting the constitutionality of Senate Bill 1365 (SB 1365). This bill, passed by the Arizona Legislature and signed by Governor Jan Brewer in April, places restrictions on payroll dues deduction as a method of dues collection for the AEA and other employee organizations. The lawsuit declares SB 1365 violates the First Amendment right to free speech by imposing unconstitutional conditions. The bill significantly impairs an organization’s political and associational activities and places unlawful prior restraint on speech. “AEA is the voice of educators, and SB 1365 infringes on the free speech of Arizona teach- ers,” says AEA President Andrew F. Morrill. “We encourage public discourse and are vigilant in expressing the views of our mem- bers. We expect our views to be countered and opposed through a fair public and political process, but there is a difference between op- posing policy and silencing an organization that offers alternative opinions.” The bill also excludes public safety employee unions, discriminating one group of employees over others. The lawsuit states that the exclusion of one group of employee representa- tives from the effects of the bill violates the Equal Protection Clause of the Fourteenth Amendment and constitutes viewpoint discrimi- nation in violation of the First Amendment. “Arizona is a right-to-work state, and this is an issue about fair access to those rights,” says Morrill. “AEA members join the association voluntarily because they believe in and support our mission of quality public education for ev- ery child in Arizona. This bill attempts to quiet the voices of Arizona’s teachers as they speak up for their profession, their students, and for public education.” ✒ AEA Members File Lawsuit Challenging Changes to ASRS Last month the Arizona Education Association (AEA), American Federation of State, County, and Municipal Employees (AFSCME), and American Federation of Teachers (AFT) filed a lawsuit on behalf of seven plaintiffs, challenging a change in contri- bution amounts to the Arizona State Retirement System (ASRS). This last legislative session, state lawmak- ers enacted Senate Bill 1614 (SB 1614), which increased the employee contribution from 50 to 53 percent and decreased the employer contribution amount to ASRS from 50 to 47 percent. After SB 1614, the over 200,000 public employees actively participating in ASRS must contribute 11.13 percent of their salary to ASRS on top of the furloughs and wage freezes they have already experienced. This lawsuit charges that this recent statutory amendment cannot be applied to employees who are already participating in ASRS because it violates the state constitution and contract law. All of these employees accepted employ- ment knowing they would pay for half of their retirement, but SB 1614 wrongly changes the terms of these existing employment contracts. “Teachers and other education employees don’t come into the profession to get rich but to make the world better for students,” says AEA President Andrew F. Morrill. “We build a secure community by taking on the responsibil- ity of educating students across the state, one neighborhood school at a time. It’s a responsi- bility that we accept gladly and take seriously. We are asking the state to honor its contract with its employees and provide a fair level of security and independence after finishing a career of educating Arizona’s students.” Plaintiffs Katie Barnes, Marilyn Calhoun, Kristi Frederickson, Marisol Garcia, Ralph Quintana, Jennie Stemm, and Joyce Willis in the lawsuit are active members of ASRS and are dedicated teachers, education support professionals, and project specialists for school districts, state universities, and state agencies throughout Arizona. ✒ AEA Advocate ❘ Fall 2011 11 AROUND AEA DVEA Vice-President Laura Coughlin and President Maria Leyva “AEA members join the association voluntarily because they believe in and support our mission of quality public education for every child in Arizona.” —AEA President Andrew F. Morrill