November 18, 2007
Governor Chris Gregoire
Office of the Governor
P.O. Box 40002
Olympia WA 98504-0002
Dear Governor Gregoire,
On October 29, 2007 I wrote you in connection with the state taking of an "International Fee" from WPEA represented employees without legal justification, acting under your authority. You were also copied on a letter sent to Steve McLain, LRO Director who was directing these actions under your delegated authority according to DOR HR manager Dolly Garcia. Your office received the certified latter October 31, 2007. I have received no reply or acknowledgment. As it is a general commitment of your administration that correspondence is acknowledged within ten days I am again writing to request your response, and to further discuss the situation.
It is our understanding that Mr. McLain is leaving as Director of the Labor Relations Office since my last letters were served, and will be in WMS band 2 position of "Operations Manager of Specialty Compliance Services" at L&I effective December 1, 2007. If this action was taken as part of your recognition that he has acted improperly in this matter, and that the state lacks legal authority for the new International Fee taking it is a positive development.
If it is a reaction to the union/state International Fee impropriety being identified, documented, and now becoming a legal and potential political problem, and you are moving to damage control without an intention of making things right, it is a different type of positive development. In short, are you moving to stop the International fee taking and leave it as a matter between the WPEA/UFCW and employees, or will you continue the state taking of employee property, done without any due process by the state being provided to state employees? My prior letter to you also provided clear legal notice of the pattern of state/union coordinated actions to force state employees to pay the WPEA without due process or legally required choice. It is time for you to get on the record and declare your intentions and directions on this issue. State taking of property without due process or legal authority is a serious matter.
State employees have been through 3 long years of manipulations and denial of administrative relief and fair treatment under the executive branch. The LRO, agency HR management, PERC and even the Executive Ethics Board have been notable in their commitment to supporting forced unionization in Washington, even as impropriety has been identified. The buck should stop with you, the Governor. By providing you with clear legal notice of some of the wrongdoing, and asking for your direct involvement in making it right, you are given the opportunity to distance yourself from these actions. You are also in a position of clearly endorsing the actions if you do not act. Plausible deniability is no longer an option for you.
I ask again for you or a designee to meet and discuss a resolution of this impropriety. We are not going to be denied, and will seek justice elsewhere if you will not provide it. We believe the Steve McLain removal shows there is recognition of state wrongdoing and executive branch exposure on this issue. It is yet to be seen if your response will be to correct the problem and stop the state taking, or to oppose and deny us relief. We call on you to do the right thing, and avoid a confrontational process that will play out over the next year.
1118 East D Street #7
Tacoma WA 98421
CC James Richmond, Attorney at Law
Public Record Disclosure Request
The following records are requested under RCW chapter 42.56, from the Governors Office, Office of Financial Management (OFM), and Labor Relations Office (LRO). Each numbered item is a separate request to avoid delay in providing the requested records.
These documents are requested to shed light on a legitimate issue of public concern, has the executive branch acted in violation of the rights of state employees and financially supported labor organizations who have provided support to the executive. RCW 42.56.050 claims to privacy should not block these requests. Any information claimed as exempt under RCW 42.56.210 (1) or RCW 42.56.230 should be deleted and the redacted record provided, with an explanation of the claimed exemption and what was withheld. Any claim to exemption under RCW 42.56.290 should be identified and the exemption justified. Any exemption claimed under RCW 42.56.240 should be specifically explained.