The recent political action organized by the Walled Lake Consolidated Schools Teachers Union, promoting school board candidates on school property during working hours, raises significant legal concerns. Such activity may conflict with Michigan’s campaign finance laws, public-sector employment regulations, and broader federal laws governing political advocacy by public employees. Below, we will explore the legal framework and potential ramifications for the union, the school district, and the individual teachers involved.
Michigan Campaign Finance Act and Use of Public Resources
The Michigan Campaign Finance Act (MCFA), Public Act 388 of 1976, places clear restrictions on the use of public resources for political advocacy. Under Section 57 of the MCFA, it is unlawful for any public body or official to use or permit the use of public resources for influencing the outcome of an election. This includes using school facilities, property, or employee work time for political campaigns.
In the case of the Walled Lake Teachers Union organizing a political action on school property, if it occurred during school hours or immediately after student dismissal—while teachers are still on duty—this could be a violation of MCFA. The law makes it clear that public resources cannot be utilized for campaigning purposes, and this applies to both the property itself and the time paid for by public funds.
Legal Citation:
• Michigan Compiled Laws § 169.257 (MCFA Section 57) prohibits the use of public resources for political campaigning. Public employees are not allowed to engage in political activity during working hours unless they are on approved leave.
Federal Law: The Hatch Act and Public Employee Campaigning
Though Michigan law governs much of the activity in this context, it’s also important to consider federal restrictions, specifically the Hatch Act. While the Hatch Act primarily applies to federal employees, it also has provisions that apply to state and local government employees if their activities are funded by federal programs. Public school teachers whose work is partially funded by federal programs (e.g., Title I) may be subject to certain restrictions on political campaigning.
The Hatch Act prohibits such employees from engaging in partisan political activity while on duty or using their official authority to influence elections. If Walled Lake teachers participated in political advocacy during work hours, this could potentially raise Hatch Act concerns if federal funds are involved in their employment.
Legal Citation:
• 5 U.S.C. § 1502(a)(1) (Hatch Act restrictions) prohibits certain public employees from engaging in political activity during working hours.
Public-Sector Union Restrictions: Michigan Public Employment Relations Act (PERA)
Michigan’s Public Employment Relations Act (PERA) governs collective bargaining and the activities of public-sector unions, including teachers’ unions. While PERA protects union activities related to collective bargaining and labor disputes, it does not provide unions with the right to engage in political campaigning on school property during working hours.
Organizing political action on school property during work hours could fall outside the scope of permissible union activities under PERA and may expose the union and the school district to legal liability. Furthermore, school boards are generally prohibited from allowing union activities that violate state or federal laws.
Legal Citation:
• Michigan Compiled Laws § 423.201 et seq. (PERA) outlines the permissible activities of public-sector unions in Michigan, which does not extend to political campaigning using public resources.
Potential Ramifications for Violations
1. For the Union:
The Walled Lake Consolidated Schools Teachers Union could face legal action if found to be in violation of Michigan’s Campaign Finance Act or other applicable laws. This could result in fines or restrictions on their activities moving forward. In severe cases, the union could face legal challenges that limit its ability to operate within the school district.
2. For the School District:
The school district could also be held liable for allowing public resources to be used for political purposes. Administrators who permitted the use of school property for campaigning could face penalties, including fines or sanctions under the Michigan Campaign Finance Act. The district may also face public scrutiny or lawsuits from other political candidates or community members.
3. For the Teachers Involved:
Individual teachers who participated in the political action during working hours could face disciplinary action from the school district. In addition, if federal funds are involved in their employment, they could face sanctions under the Hatch Act. Disciplinary measures could range from written reprimands to suspension, depending on the severity of the violation and the district’s policies.
Conclusion
The political action organized by the Walled Lake Consolidated Schools Teachers Union on school property during work hours raises substantial legal concerns. Both state and federal laws, including the Michigan Campaign Finance Act and the Hatch Act, impose strict limitations on the use of public resources for political campaigning. Violating these laws can result in serious legal and financial ramifications for the union, the school district, and the individual teachers involved. To avoid legal exposure, unions must ensure that political activities are conducted off school property and outside of working hours.
As a final note, all parties involved would benefit from seeking legal counsel to ensure compliance with applicable laws. It’s also advisable for the school district to implement clear policies regarding political advocacy to prevent future violations.
Comments