Washington Court of Appeals Finds College Instructor Violated State Law By Lobbying For Tenure Legislation Via School E-mail
The Washington Court of Appeals recently affirmed a Washington State Executive Ethics Board (“Board”) finding that instructor Teresa Knudsen of Spokane Community College (“SCC”) violated state law by lobbying for legislation using SCC resources.
On February 25, 2005, Knudsen used her SCC computer to send an e-mail to several SCC listservs, encouraging recipients to support legislation which would provide tenure-like protections for part-time college teachers. Knudsen herself was a part-time college instructor. The Board found e-mail violated RCW 42.52.160(1), WAC 292-110-010 and RCW 42.17.190.
On appeal, the Washington Court of Appeals explained that RCW 42.52.160 prohibits state employees from using any property under the employee’s official control or in her official custody “for the private benefit or gain of the officer, employee, or another.” WAC 292-110-010 further specifies that use of state property for “assisting efforts to lobby the state legislature” is prohibited, and RCW 42.17.190(3) prohibits agencies from using public funds to lobby. Knudsen’s activities violated each of these provisions, as she used a state computer and state-provided internet access to lobby for legislation which would provide tenure-like protection to part-time instructors, such as herself.
The court rejected Knudsen’s argument that the Board violated her First Amendment right to free speech. Knudsen’s speech arose in a public forum, and a public employee’s speech in a public forum may be regulated so long as the regulation is reasonable and viewpoint-neutral. The court found Board’s application of the anti-lobbying provisions was both reasonable and view-point neutral.