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May 2, 2008 Volume 109 Number 9 Union
foe Sizemore poised for comeback
Longtime union foe Bill Sizemore appears poised to make a comeback
this year.
Sizemore — the most prolific user of Oregon’s ballot
initiative process — is a perennial backer of proposals to
limit union political influence, cut state income taxes for the
wealthy, and base school teacher pay on student test scores. Voters
have rejected nearly all of his ballot measures, but with the financial
backing of several conservative millionaires, Sizemore continues
to return his proposals to the ballot — proposals that cost
unions money and effort to defeat.
Sizemore was out of commission for a few years after a Multnomah
County circuit court jury in 2002 found his groups guilty
of a pattern of fraud and forgery. Sizemore’s groups were
ordered to pay $2.5 million damages to the plaintiffs — the
Oregon Education Association and the American Federation of Teachers-Oregon.
In 2003, after lawyers for the union plaintiffs demonstrated that
Sizemore had continued the same practices the jury had condemned,
Judge Jerome LaBarre issued an
injunction dissolving his organizations and restricting how
he could handle money for ballot measure campaigns for five years.
Those prohibitions are due to expire soon, and in any case, Sizemore
has come up with ways to evade the judge’s order — as
well as a
2007 law passed by the Oregon Legislature to stop abuses in
the initiative process.
Sizemore has been working to put six initiatives on the November
2008 ballot. They would:
-
Remove
limits on the state income tax deduction for federal income taxes
paid by individuals. [This would benefit the highest-income tax
payers and deplete state government of revenues that fund education,
public safety, and other priorities. Voters have rejected it before.]
-
Prohibit
teaching public school students in languages other than English
for more than two years.
-
Base
teacher pay raises and job security on classroom performance,
as measured by standardized tests. [Teachers unions have fought
this successfully before, persuading voters that it’s a
draconian proposal that would force teachers to teach to the test,
and drive good teachers away from low-income schools where students
don’t test as well.]
-
Allow
up to $35,000 a year in improvements to property without a building
permit.
-
Prohibit
public employee union members from using paycheck deduction to
contribute to their unions’ political campaigns.
-
Require
a legislative super-majority to make laws take effect immediately
upon the signature of the governor.
From June 2007 to January 2008, Sizemore turned in signatures
for the first five of these ballot measures. That might be enough
to qualify the initiatives for the ballot, but the secretary of
state hasn’t verified the signatures yet. Sizemore has been
asked to provide payroll records to prove the signatures were gathered
in compliance with a ballot measure that banned paying signature
gatherers by the signature. Sizemore has challenged that in court,
and has refused to turn over the payroll records. The Secretary
of State’s office notified Sizemore that his ballot measure
committees are prohibited from obtaining further signatures until
the records are turned in.
Meanwhile, the union lawsuit against Sizemore remains unsettled.
Sizemore appealed the jury verdict and got damages
reduced by the Oregon Court of Appeals in October 2006, but
the case is now before the Oregon Supreme Court.
And on April 18, Sizemore was back in court for the second time
for contempt of court proceedings. Lawyers for the union plaintiffs
presented evidence that Sizemore has continued to violate the judge’s
order by the way he handles money as chief petitioner for a stalled
ballot measure campaign last year, and by creating a sham organization
in Nevada to launder political contributions.
Judge Janice Wilson set a May 27 date to announce her decision
in the contempt of court case; Sizemore could face fine or jail
time, though the latter is unlikely.
To date, Sizemore has paid only $125,000 to OEA and AFT to reimburse
them for attorney fees.
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