August 2004 • Volume 14, Issue 8
Living Liberty
Washington’s public records law
UNDER ASSAULT
Independent public records advocate needed
By Jason Mercier
“Independence Forever!” Those were the last public words spoken by John Adams, one of our nation’s founders and America’s third president. Adams spent his life warning fellow citizens that government is powerful, freedom is fragile, and citizens must resist the “first approaches of arbitrary power.” In this spirit, laws have been crafted in Washington state to ensure citizens remain in control of their government rather than viceversa. Sadly, the people’s legally protected authority has come under fierce assault by some state agencies and the judicial system. Despite being elected as the “people’s attorney general,” Christine Gregoire is using her office to fight for the “right” of state agencies
August 2004
agencies. This explains why her office has argued that some public records should be exempt from disclosure based on attorneyclient privilege. She believes government agencies, not taxpayers, are the clients. Equally troubling is that our state courts are often moving in a similar direction. July 2004 Consider the following: • In the recent Rick Hangartner v. City of Seattle case, the Supreme Court ruled 5-4 that documents covered by attorneyclient privilege are exempt from disclosure and that “overbroad requests” may be rejected by state agencies. It was Attorney General Gregoire’s office that submitted a brief to the
“The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created....” - RCW 42.17.251 by information Bob Williams to withhold from the public. Unfortunately our state’s judicial system too often acts as a willing accomplice.
Court arguing for the attorney-client privilege exemption.
The language of our public disclosure law, however, is clear: Public officials must be transparent about what they are doing with the public’s money on the public’s behalf. Still, Gregoire and certain state agencies believe they have “the right to decide what is good and not good” for us to know.
• The attorney general’s office has submitted a brief for use in the pending Supreme Court ruling in Yousoufian v. King County arguing that the amount of fines levied on agencies found guilty of withholding public documents should not be based on the number of documents illegally withheld, but simply on a per-day basis.
This troubling position is exacerbated by the way Gregoire defines her job. Gregoire believes her principal role is to defend state
• Gregoire’s office successfully argued for a court order limitUnder assault continued on page 10
1
Living Liberty
A publication of the Evergreen Freedom Foundation
Letter from Lynn
by Lynn Harsh
GOVERNMENT TAKES ITS HALF
T
he average Washingtonian worked until July 12th this year to pay for the cost of our federal, state and local government. This is unacceptable! A government that requires half of the fruit of our labors is far too big. Can you
sense, personal stability, hard work and a clear understanding of the role of government. It requires the ability to build coalitions. It requires individuals who know the difference between convictions and preferences, and who know how to
We need to elect people who have vision for limited government, personal responsibility and free enterprise. They should be able to identify obstacles in the way of implementing their vision, and with great determination set about removing them. Otherwise, why elect them? When we find these people, we should give them moral and financial support. They need our checkbooks, our shoe
“GOOD GOVERNING REQUIRES INTELLIGENCE, COMMON SENSE, PERSONAL STABILITY, HARD WORK AND A CLEAR UNDERSTANDING OF THE ROLE OF GOVERNMENT.”
imagine what George Washington, Thomas Jefferson, or James Madison would have said about this? The sharp tongue of John Adams would have given us all a welldeserved lashing! We should reflect upon this as candidates ask us for time and money. Some of them have perpetuated expansive, expensive, intrusive government because they refuse to rock anybody’s boat by saying “no.” Others depend almost entirely upon “someone else” to make up their minds for them. Still other elected officials who regularly vote “no” when it comes to unnecessary spending are content to complain, instead of building coalitions inside and outside their elected spheres to bring about change. These people are taking up valuable space in their elected capacities, and we should invite them to stay home and do something else. Governing is hard and often thankless. It is not for whiners or wimps. Good governing requires intelligence, common
2
set goals that they doggedly pursue, rain or shine. Good governing requires respect for the hardworking taxpayers who foot the bills and the strong families who are the backbone of this country. And for goodness’ sake, we should never elect people whose biggest concern is their re-election. It’s true: smart people don’t create unnecessary friction that may upset their re-election chances, but when necessary friction occurs, they use the spark to build a beneficial fire.
leather, and an encouraging word. Most of the people who say “thank you” to lawmakers are lobbyists. We constituents usually just complain. We owe this kind of diligence to our children. When you look into the faces of your children or grandchildren and when you read the articles about the wonderful interns here at EFF this summer, think about the millstone of debt we are handing their generation if we refuse to reduce the size and cost of government. We will never be handed a “perfect” ballot, because we are a society of imperfect people governed by our own kind. But we owe the next generation a bit more diligence about who gets our vote.
When we go to candidate fund-raisers or community meetings, we should ask questions. It’s important to determine if a candidate has a core set of principles he or she can articulate. Do those principles Think about it this way: Every vote you serve to limit government to its rightful and I cast today cost someone his life yesand important role? Can the candidate terday. Every chad we punch or screen work toward getting something of value we touch or name we inscribe is underdone, or will he or she be content just to written by someone’s great sacrifice. The be a perennial complainer about the freedom to vote is a costly gift, and we ought to treasure it enough to vote wisely. “other guy” being the problem? You Make the Call continued on page 8
August 2004 • Volume 14, Issue 8
Q
uote
of the month
The men who create power make an indispensable contribution to the nation’s greatness, but the men who question power make a contribution just as indispensable, especially when that questioning is disinterested, for they determine whether we use power or power uses us. John F. Kennedy, Amherst College, Oct 26, 1963
Evergreen Freedom Foundation PO Box 552 Olympia, WA 98507 (360) 956-3482 Fax (360) 352-1874 info@effwa.org • www.effwa.org Living Liberty is a publication of the Evergreen Freedom Foundation.
Living Liberty
Contents 4 Pricing disclosure Health care inflation won’t ever go away if consumers are kept in the dark. In a true free-market system, customers have power. They study and compare prices to determine value and to select who gets their business. Vendors who compete on quality and pricing succeed. But things have become a bit convoluted in the American health care system as we have strayed further away from free-market principles.
5 NEA convention reveals union agenda The headline on a recent press release issued by the National Education Association (NEA) boldly declared: “Political Activism Takes Center Stage at 2004 NEA Annual Meeting.” That’s a rather candid admission from a union currently being audited by the IRS for reporting “zero” political expenditures on its annual tax returns, but it shouldn’t surprise anyone.
5 Junior Varsity Squad Senior staff at the Evergreen Freedom Foundation describe this year’s summer interns as extraordinarily bright and determined individuals. Some of the interns are new and some are returning, but none are the archetypal coffee-fetching, errand-running, copy-making sort.
8 What’s your opinion on P.O.G.? For a number of years now, EFF has advocated that state lawmakers build budgets around what they predetermine are their state’s priorities. Using this method state agencies would submit their budget requests based on delivering one or more of the predetermined goals. While this sounds sensible, it is not the way most budgets are crafted currently.
Editors: Lynn Harsh Marsha Richards
Publisher: Joel Sorrell EFF’s mission is to advance individual liberty, personal responsibility, and limited and accountable government. Nothing in this publication should be construed as an attempt to aid or hinder the passage of any legislation.
Right after the 4th of July holiday, we received the tragic news that one of John and Carrie Vasko’s sons, Christopher, had died. John is an EFF Trustee. On July 5th, Christopher Vasko, also husband and father, lost his life in a drowning accident in Boston. John and Carrie have the assurance that they will see Christopher again someday. While we rejoice with them in this, we grieve for the time on earth they expected to have together that was cut so short. Our thoughts and prayers are with you, John and Carrie.
3
Living Liberty
A publication of the Evergreen Freedom Foundation
PRICING DISCLOSURE It’s a matter of accountability By Cheryl Hymes
I
n a true free-market system, customers have power: they study and compare prices to determine value and to select who gets their business. Vendors who compete on quality and pricing succeed. But as the American health care system has strayed further away from freemarket principles, consumers usually do not know the real price of a non-emergency health care service until after the fact. Health care consumers are not in the driver’s seat. Somewhere along the way, the patient began to be viewed as a recipient of funding and services who was to be managed, instead of as a responsible driver of medical transactions. An increasing number of Americans are used to “somebody else” paying the bulk of premiums and medical expenses. This lack of concern about prices has helped create and sustain double-digit health care inflation. Since 45 percent of the $1.6 trillion in medical expenditures spent in the U.S. each year involves public funds, government has felt compelled to control health care prices. This has only accomplished a nightmarish cost-shifting onto the private sector.
Two movements are underfoot that will educate and empower consumers about true health care costs. First, Consumer Driven Health Plans, like Health Savings Accounts (HSAs) or Health Reimbursement Arrangements (HRAs), will bring about greater market scrutiny and a new demand for accountability from health care vendors and providers. Another exciting development is the demand by consumers for hospital pricing disclosure. Two Congressional subcommittees are holding a series of hearings on the subject. Currently, hospital charges are not transparent, making it nearly im-
. . . CHARGING A HIDDEN TAX TO ONE SEGMENT OF SOCIETY BY OVERCHARGING ANOTHER SEGMENT IS SHORT-SIGHTED AND UNACCEPTABLE. IN SOME CASES IT’S
Still, some employees still don’t feel ALSO ILLEGAL. the pinch, like people who work for the city of Vancouver, Washington and Clark County who “don’t pay anything for their comprehensive health plans that can be as much as $800 possible for consumers to compare costs for specific medical treatments between a month.” one hospital and another. Patients must become better informed and fully participating purchasers of health care Providers consider this demand for pricservices—-and that means pricing must ing transparency about as welcome as brobe readily available to consumers. Nobel ken leg. In Washington state, hospital Laureate Milton Friedman put it this way: charges on average exceed costs by 72%, “Nobody spends somebody else’s money which is better than Nevada, where hospitals charge up to 255% of costs. The as wisely as he spends his own.” current system benefits from complexity
4
and mystery. But price-savvy consumers are a necessity if medical cost-inflation is to be curbed. Government-mandated Medicare reimbursements to hospitals don’t always cover a facility’s costs, triggering hefty cost-shifting and more tax-subsidized write-offs for charity care. Twenty-eight lawsuits in 15 states accuse hospitals of grossly overcharging the self-paying patient, who is often uninsured. The U.S. Secretary of the Department of Health and Human Services recently wrote a letter to hospitals clarifying that nothing in federal regulation prevented them from providing discounts to the uninsured as well. But 97 hospitals frustrated by low Medicare reimbursements are fighting back with a lawsuit of their own against the U.S. Department of Health and Human Services. They are asking for more than $261 million in Medicare payments they say they are owed. Many nonprofit hospitals face increasing debt and charity write-offs.
Conflict of interest
Pricing practices in hospitals, including cost-shifting, have evolved as a means of coping with the complexities of government price controls, medical inflation, and growing competition by “outpatient surgery centers.” A September 2003 article, “Hospital Pricing: Separate and Unequal,” published in The Heartland Institute’s Health Care News chronicled Carlos Colon’s story of having a cyst removed in the hospital. Carlos, a Home Depot employee, was charged $74,396, an amount 10 times what an insurance company would pay, according to the Chicago Sun-Times. Why Disclosure continued on next page
August 2004 • Volume 14, Issue 8
Living Liberty
Disclosure continued from page 4 . . . would this happen? Hospitals inflate charges for self-paying patients like Carlos to make up for revenue losses from inadequate federal program reimbursements. Hospitals don’t have it easy, but charging a hidden tax to one segment of society by overcharging another segment is shortsighted and unacceptable. In some cases, it’s also illegal. One hospital in Connecticut, over a nineyear period, had liens on 7.5% of the homes in the very community it served. Many of these collections are calculated on inflated debt, not fairly priced medical services. Peter V. Lee, President and CEO of Pacific Business Group on Health, testified before Congress on June 22, 2004, concerning hospital charges. Mr. Lee stated:
“Health care consumers, our members’ employees are footing the bill whether through increased cost-sharing, larger contributions to their employer’s premium or a smaller paycheck.... The problem is not just high cost—-it is the VARIATION in cost, and the fact that there is a total disconnect between cost and quality of care.” Rep. Jim Greenwood , testifying on June 24, 2004, before the U.S. House Committee on Energy and Commerce, reported that some hospital charges have reached a 1,000% markup over the “chargemaster prices.” These are the highly-protected catalog of costs that every hospital keeps. Chargemaster prices traditionally reflect the profit point on procedures and services in a hospital. Greenwood remarked that even when hospitals offer reduced charges to a self-
paying patient, the patient can still be left with a balance that is double the actual cost of service. As more people move toward ConsumerDriven Health Plans, free-market forces will loosen some of the health care inflation strangleholds that have come about because of distorted price controls and uneven pricing practices. Hospitals should be adequately reimbursed. Any that continue to charge rates that excessively exceed actual costs may find price-savvy patients traveling farther to get a better deal. Only with this kind of free-market pressure will pricing equilibrium occur. Pricing disclosure and consumer-directed health plans are not by themselves the cureall for the ailing American health care system, but they are a major step in the right direction.
NEA convention reveals union agenda by Marsha Richards The headline on a recent press release issued by the National Education Association (NEA) boldly declared: “Political Activism Takes Center Stage at 2004 NEA Annual Meeting.” That’s a rather candid admission from a union currently being audited by the IRS for reporting “zero” political expenditures on its annual tax returns, but it shouldn’t surprise anyone. We’ve been saying it for years: The NEA isn’t about teachers and kids, it’s about political power.
by union officials at every level of national, state and local government. Consider the content of some of the “business items” delegates proposed or adopted at the NEA’s annual convention this year (paraphrased with a little commentary): • NEA will investigate what it calls the “purported insolvency” of Social Security and work to remove the cap on employer and worker contributions. (referred to legislative committee)
The biggest threat to the NEA’s monopoly power is the truth, which is why we’ve published a magazine called “Barrier to Learning: How the National Education Association prevents students and teachers from achieving academic and professional excellence.”
• NEA will explore the possibility of “filing a lawsuit . . . on behalf of the economically poor students of this country.” This follows the recent trend of bypassing voters and their legislative representatives and using courts to increase government education spending. (adopted)
It’s a story everyone should know because the NEA’s actions and policies impact every person in this country. While public school teachers are the union’s unfortunate and usually unwilling source of revenue, the rest of us must live with the results of elections and policy influenced
• NEA will oppose defunding the National Board for Professional Teaching Standards (NBPTS) and oppose alternative evaluation measures, even though Board certification has proven a poor taxpayer investment that does
little to improve student achievement. Many states (including ours if I-884 passes in November) offer significant bonuses to teachers who are certified by NBPTS. (adopted) • NEA will make the establishment of a national universal health care system a high priority. (adopted) • NEA will fight opposition to “politically active unionists” and “support the struggle of brother unionist and communist, Derek Pearl.” (referred to executive committee) • NEA will demand that money be reallocated from prison expansion to education. (adopted) • NEA will help promote a Million Worker March scheduled in Washington, D.C. on October 17 to “support the reprioritization of federal spending to education, health care, and other social programs.” (adopted) • NEA will support access to higher eduConvention continued on page 11
5
Living Liberty
A publication of the Evergreen Freedom Foundation
S
enior staff at the Evergreen ing and dedicated group of interns. j u n i o r V a r s i t y S q u a d This is truly the cream of the crop— Freedom Foundation describe this year’s summer inthe future journalists, public servants, terns as extraordinarily bright and determined individuals. Some elected officials, and business leaders of our country. Working of the interns are new and some are returning, but none are the with them, you really gain an understanding of how important archetypal coffee-fetching, errand-running, copy-making sort. freedom is to their future, and how vital their futures will be to Sure, they run an errand here and there, and no one’s exempt the cause of freedom.” from making copies. But here at EFF, everyone gets their own With each day, the Foundation gets busier: working to help coffee, and whoever empties the pot makes a new one. reform education in Washington State, uncovering information According to EFF Executive Director Lynn Harsh, “Our in- on government waste and mismanagement, and encouraging ternship program is about more than getting some extra work citizens to become informed and involved. EFF interns help the done. These are our future leaders, and it is a privilege to work staff get their work done faster, and bring energy and excitewith them. The opponent organization that recently called us ment to the research. They’re eagerly fulfilling the role of the ‘an evil band of zealots’ should be very nervous about these ar- ultimate activist/advocate by building the foundation for a freeticulate, intelligent new band members.” market legacy early in their lives. Communications Director Booker Stallworth said of our interns: “EFF is fortunate to have such an intelligent, hard-work-
And in true free-market form, everyone at EFF is unique, and this includes the fine interns.
Priscilla Rice is returning for her second summer at EFF. A resident of Olympia, Priscilla is currently a sophomore studying business at Gonzaga University in Spokane. This summer Priscilla is working with Jami Lund and Mike Reitz on our Teacher Paycheck Protection project. She is an excellent researcher, writer and problem-solver.
Priscilla says what she likes best about EFF is that “you get to use your brain.” This echoes the familiar sentiment that while students are getting a great educational experience, unlike a traditional school setting, the chance for independent expression and enrichment is unlimited. In the future, Priscilla looks forward to marriage and children, and having a challenging job somewhere in the business world.
Priscilla describes herself as “outspoken,” and most everyone else at EFF would concur. But that’s the way we like it! Priscilla is incredibly goal-oriented and strong-minded, with the wonderful balance of a realistic, down-to-earth nature. For the most part, she likes the simple things in life: eating (she is proud to be able to eat more than most boys her age), sleeping, and enjoying snow days. But she won’t deny a discriminating penchant for designer clothing and fine foods….
6
Hans Zeiger is also returning for a second helping of EFF this summer. Hans says he likes EFF’s mission and is proud to be a part of it. Puyallup is “home” for Hans. He is a sophomore at Hillsdale College in Michigan where he is double majoring in Political Science and Christian Studies. He is working in EFF’s Education Reform Center. In addition to being an Eagle Scout and the founder of the Scout’s Honor Guard, Hans recently completed a book about
August 2004 • Volume 14, Issue 8
the Boy Scouts, scheduled for publication next spring. He is a columnist for the Seattle Times and WorldNetDaily, and his freelance articles have been published widely. He was interviewed for The O’Reilly Factor, a FOX news program, and his opinion columns have been lauded by Rush Limbaugh. Hans’ unruffled disposition enjoys a seat next to his deep passion for God and liberty. In ten years, he’d like to be a military chaplain or a radio talk show host. Along the way, he’d like to fulfill another of his goals, that of raising a family. In his spare time, Hans enjoys reading, running, petting his cat and entertaining friends with an amusingly dead-on impression of Bill Clinton. Dan Steele is one of EFF’s more enigmatic interns. Hidden away in our media room, Dan quietly draws fantastic editorial cartoons, helps out with graphics for our many publications, and does our video work. Dan attended South Puget Sound Community College this year, but is transferring to Centralia College for the fall and plans to move on to a 4year school to work on a graphic design degree. Dan entertains himself with what he calls a “confused” demeanor. He has an impressive talent for art and graphic design, but lets his work speak more than his words; and there’s nothing confusing to anyone here at EFF about his undeniable talent. Dan has a great dry sense of humor behind his quiet manner. And he definitely doesn’t fit into a pre-defined box, another thing that’s just fine around here. Dan is an excellent baseball player and skateboarder, and he recently took up jet skiing. Dan says what he likes best about EFF is that “everyone is really nice.” He definitely adds to that definition. Cole Nevins is another student who comes to us from Gonzaga. He calls himself a “quirky” guy, and says what makes him unique is that he’s “a computer science major with a social life,” who’s on his way to “taking over the world.” That sounds pretty normal to us. Cole’s biggest life goal at this time is “to find a life goal.” (We’ll see what we can do about that one!) Cole is currently researching unemployment insurance, Labor and Industries and higher education. When asked what “free-market” means to him, Cole said freedom of choice to buy or do or say what he wants to (within legal boundaries, of course). Cole’s an ardent defender of the Right to Life movement, and counts that as one of the things he is proudest of. In addition to his political activism, Cole also has a lighter side. He says that “life’s too short” and people should make everything as fun as possible. Cole counts among his interest and hobbies, music (guitar), flying kites, black and white photography, and fencing.
Living Liberty
Mike Throgmorton, a junior in the English Department at Whitworth College, is already making waves this summer. He juggles education research and communications tasks at the same time. His supervisor, Communications Director Booker Stallworth, said of him: “Mike is a very bright young man and talented writer. Many EFF members, as well as members of the press, have already commented on what a terrific job he is doing.” One of Mike’s first op-ed pieces and a letter-to-the-editor were both printed in major papers. Mike was born in Germany, but is currently a resident of Olympia when home from college. He describes himself as intuitive and considers former president Ronald Reagan his political and ideological idol. He’d like to be fluent in German someday and, if all goes well, in ten years be working for the Federal Bureau of Investigation in Seattle. Outside his professional and political life, Mike cites “Ultimate Frisbee” as his current passion. He also does a near-perfect impression of Kermit the Frog. Joe Druet is another “Zag” here for his second summer. Joe will return to Gonzaga for his sophomore year where he studies economics and math. He likes working at EFF because he says, “somebody has to keep government honest.” Joe has well-formed ideas about the role of government and describes Washington state government as an entity that “thinks it can work alone without telling the people what’s going on.” This makes Joe a perfect fit to work alongside fellow intern Pricilla Rice on EFF’s Teacher Paycheck Protection project. Actually, what he’s working on is a related “secret” project (shhh). Moreover, Joe loves to debate, which is perfect around here. Joe enjoys watching classic movies and professional baseball, citing the Cubs and the Twins as his two favorite teams. When asked by EFF staffer Jason Lucarelli who the best Yankee player is, Joe replied, “the one they traded to another team.” Joe’s playful sarcasm is also echoed in his thoughts about sleep. Joe says, “Sleep is nice when you don’t need it, but it’s tainted by necessity.” I think the rest of Joe’s fellow interns agree with that sentiment. Don’t forget to look in September’s Living Liberty for profiles on EFF’s two high school interns: Dvorah Hartson and Stephanie Allison. This article was written by Sarah Carrico, another student intern, who was profiled in May. Sarah is a senior at Saint Martin’s College and will study Japanese language, history, and culture at Mukogawa Women’s University in Nishinomiya, Japan for the fall semester.
7
Living Liberty
A publication of the Evergreen Freedom Foundation
What is your opinion on government’s priorities? by Lynn Harsh
F
or a number of years now, EFF has advocated that state lawmakers build budgets around what they predetermine are their state’s priorities. Using this method state agencies would submit their budget requests based on delivering one or more of the predetermined goals. While this sounds sensible, it is not the way most budgets are crafted currently. Lawmakers rarely dig into the existing agency budget before allocating more money on top of it. Little consideration is given to whether or not the agency requests even match what lawmakers consider to be government’s top priorities. EFF was pleasantly surprised two years ago when Governor Locke’s budget team decided to build the state budget around what they call their Priorities of Government (POG). They initially identified ten POGs; there are now eleven. Agencies were asked to submit their budgets based on delivering one or more of the priorities. Most agencies complied. Higher Education and K-12 did not, so the governor’s budget staff and several work teams did it for them. Legislators have been slow to respond and, unfortunately, they did not get involved in helping craft the POGs. So the state’s priorities have been adopted as the governor’s team wrote them. Some changes to these POGs are in order for the following reasons: 1) priorities must be measurable, 2) they should reflect services our elected officials believe are most important for government to do or oversee, and 3) government itself does not have to deliver some of the services necessary to fulfill a POG; it just has to be sure those services get delivered. Even if the eleven POGs listed below really reflect legislative consensus, we do not agree that they reflect the legitimate role of government. So, in addition to revising the governor’s POGs, EFF has created its own.
parents and guardians.But our constitution says the state’s paramount duty is to provide for elementary and secondary education. We cannot ignore the law. It does not say, however, that the state must be the monopoly creator and deliverer of education. Hence, the wording of our POG. We will continue to push toward the best free-market model possible. For those of you who follow the New Zealand story, which we have been writing about for five years now, keep in mind that they had to pretty much go bankrupt before its governing authorities were willing to move from socialism to capitalism. This is a draft document until August 15th. We welcome your comments. EFF’s Priorities of Government 1. Guarantee public safety by providing and enforcing a uniform system of justice based on the rule of law. 2. Ensure all children in Washington state receive an equal opportunity to achieve literacy. 3. Improve the state’s economic climate by removing regulatory barriers to job production and by ensuring efficient and effective mobility of people, goods, information and energy. 4. Make health care more available and affordable by removing barriers to health care choices and by nurturing self-sufficiency in the public and private sectors.
Keep in mind when you read our POGs that most people are unprepared for government to exit some of the areas in which it is currently involved, such as K-12 education. In a perfect world, several of our POGs would not exist at all, but we are trying to communicate with people who can’t imagine it any other way, while still moving in the right direction of limited government, personal responsibility and an energetic free-market system.
5. Be a responsible steward of Washington’s public lands and environment, while protecting the rights of private property owners.
For example, #2 priority assigns government the responsibility of ensuring that children in our state receive equal opportunity for achieving literacy. At our core, we believe this is the job of
7. Ensure public servants conduct the public’s business in a transparent and accountable manner.
8
6. Work with private-sector providers to assist individuals who cannot legitimately meet their own needs for shelter, food and health care.
Continued on next page . . .
August 2004 • Volume 14, Issue 8
Washington State Priorities of Government Governor’s POG: Increase student achievement in elementary, middle and high schools. EFF revision: Guarantee all children in Washington state an equal opportunity to achieve literacy and to be prepared for higher education, work and citizenship. Governor’s POG: Improve the quality and productivity of the workforce.
Living Liberty
EFF’s revision: Remove regulatory barriers to free enterprise and job creation. Governor’s POG: Improve the mobility of people, goods, information and energy. EFF’s revision: Ensure the mobility of people, goods, information and energy. Governor’s POG: Improve the safety of people and property.
EFF revision: Remove barriers to job retention and retraining.
EFF’s revision: Protect each individual’s right to security of life and property.
Governor’s POG: Deliver increased value from post-secondary learning.
Governor’s POG: Improve the quality of Washington’s natural resources.
EFF’s revision: Ensure increased academic value from postsecondary education.
EFF’s revision: Be a responsible steward of Washington’s public lands, ensure private property rights and promote a balanced, healthy environment.
Governor’s POG: Improve the health of Washingtonians. EFF’s revision: Improve the health of Washingtonians by opening up the marketplace for increased health care choices, both in the public and private sectors. Governor’s POG: Improve the condition of vulnerable children and adults. EFF revision: Advance remedies for vulnerable children and adults by working with private-sector organizations and local governments, while providing a safety net where necessary. Governor’s POG: Improve economic vitality of businesses and individuals.
Governor’s POG: Improve the cultural and recreational opportunities throughout the state. EFF’s revision: Encourage private-sector cultural and recreational opportunities and assure that publicly held resources are accessible for recreation, enrichment and prudent enterprise. Governor’s POG: Strengthen government’s ability to achieve its results efficiently and effectively. EFF’s revision: Ensure state government is transparent, well managed, and accomplishes its priorities efficiently, economically and effectively.
We love our EFF supporters! By Lynn Harsh I piled into my car at 5:30 a.m. on a beautiful Wednesday last month and headed for a day’s worth of activities in Kitsap County. Back in my own driveway at 9:30 that night, I felt almost as refreshed as when I started, and that’s because of the wonderful EFF members I had the privilege of talking with all day. Describing them to you is easy: they’re friendly, intelligent, hardworking, curious, diligent, interesting, patriotic and courageous. Irene Endicott (EFF’s Puget Sound representative) arranged the day, and we marveled from start to finish about how hard it was to break away from every person and every event. In addition to the wonderful conversations, the views all day were spectacular. It’s pretty hard to beat breakfast looking out at the Sound. And I doubt I’ve ever had a glass of lemonade in a more lovely spot than at the Huberts, looking out at the
Olympic Mountains and hundreds of acres of Christmas trees. Four meetings later, we were sipping 7-Up at the Haupts, overlooking Liberty Bay. Wow! By the time you read this article, Bob will have been in Spokane visiting many of our members there. We both feel similarly: You inspire and re-energize us! We think about you when we plan for the future and when we hire staff. After all, we work for you. If you could meet our whole staff, you would notice some similarities among them. While every person is unique and brings a special talent to us, each of them loves liberty and has a heart to serve. Add a large dose of intelligence and fine character to Continued on next page
9
Living Liberty
A publication of the Evergreen Freedom Foundation
Under assault continued form page 1 . . . ing the Evergreen Freedom Foundation’s access to public records related to the state’s multi-billion dollar Boeing contract. Now we must first receive approval from her office before requesting information. We are currently appealing this discriminatory ruling. Though most courts seem to be following Gregoire’s lead, some judges have fought back. Some have even fined Gregoire’s office for violating the public records law. • Recently, U.S. District Judge Thomas Zilly ordered federal sanctions and fines against Gregoire’s office for failing to turn over documents requested by former attorney general employee, Janet Capps. Capps is the individual identified by Gregoire’s office as responsible for missing a legal appeal filing date in 2000, which cost the state $17.8 million. Prior to Gregoire settling with Capps on July 2, 2004, for more than $300,000, Capps was challenging her dismissal and had requested the documents to use in her court challenge. Gregoire considered a $300,000-plus settlement a good deal for the taxpayers. Doesn’t that make you feel better? • In 1998, Gregoire’s office was fined $33,000 by Thurston County Superior Court Judge Richard Hicks for failing to disclose records in a timely manner to the Evergreen Freedom Foundation. When Judge Hicks was assigned to EFF’s most recent records lawsuit against the state, the attorney general’s office filed an affidavit of prejudice to have him removed. Gregoire’s view of the attorney general’s role in records disputes is a relatively new interpretation, at least in the broad manner in which her office argues against taxpayers and in the way the judicial system frequently concurs. Because of this, we need to establish some protection for the taxpayers whose business is being conducted and whose money is being used.
We love EFF supporters continued from page 9 . . . the mix, and I’d say we have a great group of people here working on your behalf. And it is our privilege to tell our staff, in turn, about you. Some of you apologize when you write to us and send a donation, saying you wish it could be more. We want you to know that any amount that comes through these doors is gratefully received. You have no need to apologize. Sometimes people remember us in the midst of grave personal trouble. We are very humbled by this. Others have been blessed financially beyond what they dreamed in their earlier years of life, and they generously invest in us. It all matters, and we strive to use your investments in us wisely.
10
Texas did this by creating a people’s public records advocate. Frustrated with the acts of some state officials who were unlawfully withholding documents from the public, Texas Attorney General Greg Abbott hired a prosecutor whose “only job in the Office of the Attorney General will be to prosecute open government act violations.” By word and action, Texas’ attorney general has made it clear that access to public records is of paramount importance. Due to the apparent conflict of interest in the attorney general’s office, it wouldn’t help to put a special prosecutor for records violations there. Instead, a public records advocate and special prosecutor should be created under the authority of the state auditor’s office. In addition to making sure public records compliance received proper attention, in many cases, a public records advocate could serve as a recourse to the court system. (This would not preclude going to court, if the need or desire existed.) Though contrary to the actions her office has taken, the attorney general’s website states: “Citizens can control their government only if they can remain informed about the decisions their government officials are making.” An independent Public Records Advocate and Special Prosecutor would help ensure citizens have access to the information necessary to remain in control of their government. Unfortunately, we are well past government making the “first approaches of arbitrary power” Adams warned us about. This makes retaking control over our government much harder, but it is a battle we cannot afford to lose. Jason Mercier is a budget research analyst for EFF.
In September, we look forward to seeing many of our Southwest Washington supporters at our annual picnic. Kathy McDonald, our representative in that neck of the woods, is working hard to make sure it’s a fun and informative event. When the 2005 Legislative Session begins, we’ll have an Open House, and perhaps you can visit us. In the meantime, the coffee’s on, and we usually have a stash of red licorice and pretzels. Stop in if you have time. Until then, from all of us to you, thank you for your wonderful support!
Yes, I want to invest in the Evergreen Freedom Foundation
Living Liberty
August 2004 • Volume 14, Issue 8
Dear Friend of EFF, While we welcome every gift, our greatest need is reliable monthly support. It is imperative for reaching our goals. Please consider monthly giving as a solid way to invest in the cause of freedom. Our secure Egiving System ensures that more of your contribution goes directly to our work. Cordially, Please mail or fax in this form (fax 360-352-1874) or call 360-956-3482. We will send you a confirmation letter for your records. Bank Debit/Credit Card Donation Authorization I request my bank or credit card company to transfer funds in the amount of $ each month until further notice. I understand that I am in full control of my donation, and that I can decide to make any changes or discontinue the service at any time by calling 360-956-3482 or writing to EFF. I would like to give a one time gift of $ Signature
Date
(required for bank and credit card donations)
Checking Account–Egiving Systems (Attach a voided check) Savings Account–Egiving Systems (Attach a voided deposit slip) Please indicate your preferred withdrawal date: VISA
Master Card
1st
10th
Discover
20th
American Express Expiration Date:
Credit Card #
Personal Information
Name Address Phone
Company City, State, Zip E-mail Please mail or fax in this form (fax 360-352-1874) or call 360-956-3482.
NEA Convention continued from page 5 cation, financial aid, and in-state tuition for “undocumented students” (i.e. illegal aliens). (approved by delegates)
Spread the word
I
• NEA will seek Congressional approval of a national holiday to honor union activist Cesar Chavez. (referred to appropriate committee) The NEA’s budget for 2004-05 reveals a great deal about the union’s priorities. Of total spending, collective bargaining and member advocacy make up just 12.8%, while student achievement and teacher quality account for 1.1% and 1.7% respectively. The NEA’s largest budget item is membership and organizing (26.5%), which confirms EFF’s long-time statement that the union’s goals revolve around more members, more money, and more power.
T
C
Your Donations to EFF are Tax-Deductible
f you’d like to help us spread the word by handing out copies of our new magazine to teachers, candidates, legislators, school board members, or other concerned citizens you know, please contact us. We have a limited number of copies and we’d like to make sure each one counts. You can also access the full magazine online at www.effwa.org/ NEA-Magazine.pdf. Let’s keep the heat on!
11
A few upcoming events . . . Wednesday, August 11th EFF is co-sponsoring a lunch with the Washington Policy Center featuring Bob Herbold, chairman of the Workforce/ Education Subcommittee for the President’s Council of Advisors on Science and Technology. Mr. Herbold will speak on the failure of American schools to produce highly capable students in the science, technology, engineering and math fields. He will present several remedies. Individual admission is $30 RSVP with payment by Friday, August 6th. www.washingtonpolicy.org
Thursday, August 19th Staff from Evergreen Freedom Foundation will host a non-partisan informational workshop for candidates running for public office It will be in Olympia, from 8:30-2:00. Topics will include K-12 and higher education, budget and taxes, performance audits and health care reform. Lunch will be provided. For more information call (360) 956-3482 or go online at: www.effwa.org
Thursday, Sept. 9th EFF Health Care Town Hall meeting in Vancouver/Longview. Times TBA. For more information, contact Cheryl Hymes at (360) 856-2144.
Sunday, Sept. 12th Southwest Washington Appreciation picnic from 2:00-4:00pm at Vancouver Lake. For more information, contact Kathy McDonald at (360) 607-8959.
Thursday, Sept. 23rd EFF Health Care Town Hall meeting in Spokane. Times TBA. For more information, contact Cheryl Hymes at (360) 856-2144.
Address service requested