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Lawmakers can take
sides in labor dispute

THE ISSUE Turtle Bay Resort has accused state legislators of unethical conduct by supporting employees in a labor dispute.

MANAGEMENT at Turtle Bay Resort is understandably irritated at 29 state legislators who signed a pledge of support for union members engaged in a contract dispute with the hotel. The allegation that the support violates ethical standards, however, is off the mark, ignoring the reality that such disputes have been long regarded as political issues.

Daniel Berkley, a San Francisco attorney for Turtle Bay, maintained in a letter to the legislators that their support of the union "is neither ethically appropriate nor acceptable." The issue arises in the wake of a controversy over Sen. Brian Kanno's strong-arm tactics against Norwegian Cruise Line for its firing of a gay employee accused of sexual harassment of other male cruise workers.

Ethics rules unquestionably forbid a legislator from muscling a private company about an isolated personnel matter. They do allow politicians to exercise their First Amendment right to comment on a dispute about a company's general labor actions. Turtle Bay employees claim the hotel is stalling negotiations over a new contract.

State legislators' support of the Turtle Bay employees is no different from Rep. Neil Abercrombie's support of an effort three years ago to organize workers at a Florida factory making bulletproof vests for U.S. troops. Nor is it different from Sen. John Kerry and then-Sen. John Edwards supporting union members on a four-day strike last year against SBC Communications.

The late Supreme Court Chief Justice Warren Burger noted in 1971 that members of Congress perform a wide array of activities beyond legislative matters, and the same can be said of part-time state legislators. "They are performed in part because they have come to be expected by constituents," he wrote, "and because they are a means of developing continuing support for future elections." Taking sides in company-wide labor disputes falls under that category.

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Special-needs students
can thank Jennifer Felix

THE ISSUE The federal court has ended its supervision of the state's special education programs.

JENNIFER Felix wasn't able to take advantage of the educational and mental health services the state's public schools provide today for children like her. By the time the Department of Education began expanded programs for special-needs students, she had already passed through the system.

But there is no doubt that the children who now benefit are grateful that her mother and others stepped up to demand that schools deliver appropriate education to disabled students. Consistent improvement and unyielding support for special education will be needed to uphold Jennifer Felix's valuable legacy.

Twelve years after a lawsuit was filed in Felix's name, the federal court has finally released the state from oversight of special education. Through that time, the school system struggled to correct inadequacies and put in place programs that helped children with disabilities.

Costs have topped an estimated $1 billion, but since spending to comply with the 1975 Individuals With Disabilities in Education law had lagged considerably in previous years, the state had a lot of catching up to do. With Congress reneging on a promise to pay 40 percent of the law's costs, the state was left to bear about 90 percent of the bill.

Along the way, there were other costs. A schools superintendent resigned in the midst of a legislative investigation of how funds were being spent for special ed and allegations of inappropriate conduct. Parents of regular students questioned diversion of scarce funds to Felix compliance. Meanwhile, much of the department's attention was focused on filing progress reports, setting up computer data systems and myriad other programs to meet court-imposed deadlines.

At times it appeared Felix would overwhelm public education, but the work needed to be done. Though it was unfortunate that it took a lawsuit and prodding from the court for the state to do the right thing, the results are well worth the effort.

In that, Jennifer Felix might take a measure of comfort.

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