Today the Arizona Education Association filed a special action petition with the Arizona Supreme Court against Governor Jan Brewer and the 49th State Legislature targeting policy changes made in the 3rd special session of the Arizona State Legislature aimed at teachers and other school employees. The policy changes allow arbitrary reductions in salary, prohibit seniority as a criterion for reduction in force, eliminate deadlines for issuing contracts, and limit employee rights to engage in professional association activities.
John Wright, president of the Arizona Education Association, said, "These policies represent a complete abandonment of legislative leadership. The special session was called to address Arizona's budget deficit; instead, the legislature mysteriously determined that removing contract security and allowing salary reductions for career educators was a more appropriate focus. The interests of Arizona's families, students, and economy were completely ignored."
The policy changes were passed by the legislature and signed into law by Governor Brewer as part of the 3rd special-session budget package. According to attorney Roopali Desai, HB 2011 violates the state's Constitution and thus is null and void.
Desai, an attorney from Coppersmith Schermer & Brockelman PLC., said, "In House Bill 2011, the Legislature violated the Arizona Constitution in at least four ways. The bill modified teachers' employment contracts in an emergency special session that was called for the purpose of creating a budget, even though the employment terms that were changed are not related to the budget.
"This violates provisions of the Constitution intended to prevent precisely what happened here---the use of a special session to pass unrelated legislation that likely could not have been passed during regular session."
The special action petition states that, "The Arizona Legislature exceeded its authority under the Governor's call for special session when it enacted Sections 14, 16, 17, 18, 19, 20, 21, and 76 of HB 2011, which modify existing legislation relating to the employment of teachers by public school districts. These provisions are not appropriations and are not related to the state budget. In addition, the Legislature's enactments fail to comply with constitutional provisions requiring single subject legislation and prohibiting impairment with contractual obligations."
An excerpt from the special action suit as it was filed with the Supreme Court:
I. SECTIONS 14, 16, 17, 18, 19, 20, 21, AND 76 OF HB 2011VIOLATE THE ARIZONA CONSTITUTION BECAUSE THEY ARE UNRELATED TO, AND GO BEYOND THE SCOPE OF, THE SUBJECTS IDENTIFIED IN THE GOVERNOR'S CALL FOR SPECIAL SESSION.
II. SECTIONS 14, 16, 17, 18, 19, 20, 21, AND 76 ARE VOID BECAUSE HB 2011 VIOLATES THE ARIZONA CONSTITUTION BY ENCOMPASSING MORE THAN ONE SUBJECT AND COMBINING UNRELATED LEGISLATIVE GOALS, WHICH ARE NOT EXPRESSED IN THE TITLE OF THE ACT.
III. SECTIONS 14, 16, 17, 18, 19, 20, 21, AND 76 ARE VOID BECAUSE HB 2011 VIOLATES THE ARIZONA CONSTITUTION BY COMBINING GENERAL LEGISLATION AND UNRELATED APPROPRIATIONS IN A SINGLE, NON-GENERAL APPROPRIATIONS BILL.
IV. SECTIONS 14, 16, 17, 18, 19, 20, 21, AND 76 VIOLATE THE CONTRACT CLAUSES BECAUSE THEY NULLIFY EXISTING RIGHTS AND BENEFITS IN PUBLIC SCHOOL TEACHERS' EMPLOYMENT CONTRACTS.
V. SECTIONS 16 AND 76 OF HB 2011 ARE VOID FOR VAGUENESS.
Sheenae Shannon :: 23. November 2009 @ 13:28 -
Comments (68) - AEA News