Republican's assault on teacher’s unions comes at the expense of good public policy

The Republican’s answer to a problem caused by technology brought to light by an anti-teacher’s union witch-hunt is a bill that goes after unions.

The late anti-union activist Chet Zarko launched a fishing expedition back in 2007 by filing a Freedom of Information Act (FOIA) with the help of teabagger and former Howell School Board member Wendy Day seeking emails to embarrass the Howell teacher’s union.

Zarko, who passed away last summer, claimed the emails were sent on district computers during staff time, and they were used to lobby the public during contract negotiations. The district released some emails, but an injunction was issued stopping Zarko from receiving any more of the 5,500 emails.

The Michigan Court of Appeals ruled in January of 2010 that the emails sent and received on Howell Public School computers between union members were not public record, and they concluded that under the current FOIA statute the individual teacher’s personal emails were not rendered public records solely because they were captured in the email system’s digital memory. They also said this was unexamined ground in the law, and that this is an issue for the Legislature to address.

So, on January 13, freshman state Rep. Al Pscholka, R-Stevensville, introduced House Bill 4052 that would ban the use of taxpayer-funded e-mail servers for public employee collective bargaining, and, according to the Livingston County Daily Press & Argus, which has devoted tons of column inches to this story, “appears to address concerns that teachers' unions — including the Howell Education Association — might use school computers to conduct union business.”

The bill would apply to all public employees and public employee collective-bargaining units that have access to public e-mail servers.

When the Court of Appeals ruled last January, it said that under the FOIA statute the individual plaintiffs’ personal emails were not rendered public records solely because they were captured in the email system’s digital memory. In other words, something as harmless as an invitation to a colleague’s retirement party that was once just placed in a teacher’s cubbyhole would now be a public record if was sent via email; even if it was sent on a private computer using a private email address as long as it was sent using wireless provided by the district.

Perhaps the most ridiculous thing in the story were the comments by Rep. Marty Knollenberg, R-Troy, who co-sponsored the bill and who Zarko worked for when he passed away.

"Chet certainly was all about FOIA, transparency, full disclosure of how government spends its money and the activities of government, making sure the taxpayer is aware of what's happening to their tax dollars," Knollenberg told the P & A.

No, this was at attempt to smear the teacher’s union. I said it when I first started blogging about this back in 2007, and it is still true.

It’s also telling that the only other people the paper chose to quote was the righting think tank Mackinac Center, which is footing the legal bills, and the paper failed to mention it was a rightwing think tank.

The reporter did seek a comment from Howell Education Association President Jay McDowell, but he declined to comment because he said he didn't have enough time to analyze the bill.

This is a case that will affect every single school district and teacher’s union in the state, so a better quote to balance the story may have been a quote from the director of governmental affairs for the Michigan Education Association (MEA) or even the president of the MEA.

There should be no tolerance for intolerance

There should be no tolerance for intolerance and bigotry, and that’s one reason I support the actions of Howell High School teacher Jay McDowell.

McDowell, who also happens to be the president of the Howell Education Association (HEA) that represents the teachers, was suspended for one day without pay last month because he sent two students to the office for disrupting his class. However, it's the subject matter that has, again, put Howell back in the national headlines in an unfavorable light for its prejudice and intolerance and launched a Facebook page with 943 members to date called “Support Jay McDowell.”

The incident occurred, according to the Livingston County Daily Press & Argus, on Oct. 20; the day people all over the country wore purple to support the end of anti-gay bullying that led to a rash of suicides by gay teens. Apparently, McDowell asked a student wearing a belt buckle sporting the Confederate flag to remove the symbol of racism, slavery, white supremacy and treason.

Another student, 16-year-old Howell High School junior Daniel Glowacki, “was ejected from McDowell’s classroom along with another student. The ejection occurred after Glowacki and McDowell argued about another student wearing a belt buckle sporting the Confederate flag.”

According to the newspaper, “on Nov. 8, the district’s Board of Education received a report on McDowell’s disciplinary action — which included a one-day suspension the high school economics teacher has already served — during its regular meeting.” District Superintendent Ron Wilson said the district, McDowell and the union are engaged in the grievance process. “Until that process is complete, Wilson said Friday in the Press & Argus, the district will not discuss the disciplinary aspect of the issue because it is a labor issue.”

Support for McDowell has been widespread, and many people have spoken in support of him during public comment at school board meetings. The district caught wind of a protest in support of him at their regular school board meeting last Monday, and they tried to hold them off with a special forum set for 7 p.m. tonight in the cafeteria of the Howell High School Freshman.

I, like many other people, are at a loss as to why a teachers was disciplined for maintaining control of his classroom by sending a disruptive student to the principal's office. “Sending a student to the principal’s office” has long been a discipline option.

The students asked to leave claim that homosexuality is against their religious beliefs. The only way that is true is if he is a member of the Westboro Baptist Church, and it’s still not the case.

Livingston County has an undeserved reputation for racism because Klan Grand Dragon and domestic terrorist Robert Miles once lived in the county near Howell and because of various isolated incidents over the years.

One such incident was the debacle over an anti-gay hate group when the now defunct anti-gay hate group called known as LOVE (Livingston Organization for Values in Education) was formed in 2006. It sprang up like a bad fungus in response to diversity flag they mistakenly labeled a gay pride flag. It gained Howell Public Schools plenty of bad publicity when they launched a long and, thankfully, unsuccessful book-banning campaign.

But it did saddle the district with school board member Wendy Day, who also happens to be a leader of the teabagger farce in Michigan that has it roots in racism. Its early grassroots support, before two Washington, D.C. lobbying groups started funding it, were militias, secessionists and neo-Nazi white supremacist groups.

I’m just happy we have teachers like Jay McDowell at HPS where my grandchildren go to school.

Anti-union activist files appeal in witch-hunt against Howell teachers

Anti-union activist Chet Zarko appealed last month’s ruling of the Michigan Court of Appeals ruling involving the Howell Public School E-mail case last Friday.

The Michigan Court of Appeals ruled on Jan. 27 on the case involving a Freedom of Information Request (FOIA) for some 5,500 emails sent and received on Howell Public School computers between the leaders of the Howell Education Association (HEA) and their union members were not public record and therefore subject to public disclosure. The Oakland County Republican was on a fishing expedition to embarrass teacher unions, and he claimed the emails were sent on district computers during staff time, and were used to lobby the public during contract negotiations. He hit pay dirt with Howell, with the help of teabagger and Howell School Board member Wendy Day before an injunction was issued stopping Zarko from receive any more of the 5,500 emails.

The three-judge panel ruled last month that the issue is one that must be resolved by the Legislature, and they called upon the Legislature to address it. The Court of Appeals also concluded that under the FOIA statute the individual plaintiffs’ personal emails were not rendered public records solely because they were captured in the email system’s digital memory.

Although Howell Public Schools and the School Board were the original defendants in the case filed by the HEA, they have said they will not spend any more tax money on Zarko’s personal witch-hunt and publicity seeking venture.

Zarko filed his appeal bankrolled by Washington, D.C. based National Right to Work Foundation, a union-busting “non-profit,” on Feb. 12. He is being represented by the union-busting group’s attorney and Southfield attorney Arthur Siegal.

If you need any more proof that this is nothing but an anti-union witch-hunt, you night ask why no press or media group is involved or filed a brief in support of Zarko’s position. Where is the Michigan Press Association, the Society of Professional Journalists, the National Press Club or the National Newspaper Association?

The appeal is asking the Court of Appeals to reconsider its opinion because it “was based on incorrect information and went beyond the question before the court.”

The teacher’s union contends that they are not subject to FOIA because they do not meet the scope of FOIA in that they do not affect the performance of a public body.

When the Court of Appeals heard oral arguments on Jan. 5., the school district, the original defendant, said that even emails sent from and to personal lap top computers by teachers would be subject to FOIA if they used the district Wi-Fi under current rules. Zarko is claiming that is factually and legally incorrect, and that is what the Court of Appeals based their decision on.

Most likely the Court of Appeals will reject the appeal, and the Michigan Supreme Court will have the option of hearing the appeal.

Anti-union activist says he will appeal union-busting case to the Michigan Supreme Court

Anti-union activist Chet Zarko is appealing the Howell Public School E-mail case to the Michigan Supreme Court, according to radio station WHMI and his response to me.

We're all entitled to due process and the process on this issue hasn't ended, so nothing remains to be seen,” he wrote on this blog on Jan. 28. “I'm (sic) you know the answer to whether I'll appeal.”

The Michigan Court of Appeals ruled on Jan. 27 on the case involving a Freedom of Information Request (FOIA) for some 5,500 emails sent and received on Howell Public School computers between the leaders of the Howell Education Association (HEA) and their union members were not public record and therefore subject to public disclosure.

WHMI is reporting he is being represented by the National Right to Work Foundation, a union-busting “non-profit” with the mission of “providing free legal aid to employees whose human or civil rights have been violated by abuses of compulsory unionism.” The mission of the group in this case, like Zarko’s original mission, is to bust or at least embarrass the union.

Back in the spring of 2007, Zarko in cahoots with anti-union Howell school board member Wendy Day, filed a FOIA in a fishing expedition request for the emails of union leaders on their HPS account. Zarko alleges HEA leaders have "conducted a large amount of union business on public time, including trying to retain MEA (Michigan Education Association) affiliated MESSA health-insurance, and using parent-teacher conferences to recruit parents (to) their side of a collective-bargaining debate.” Even though that was proven not to be the case, Zarko persisted in an effort just to find something embarrassing.

In October of 2008 Livingston County Circuit Court Judge Stanley Latreille determined that the e-mails written by union leaders on school computers are public record, and subject to disclosure. The HEA appealed to stop the disclosure because both the district and the union agreed that they had a “recognized right” to use the email system.

That case was appealed to the Michigan Court of Appeals, and oral briefs were taken by a three-judge panel at a hearing on Jan. 5. The court issues its ruling in favor of the union on Jan. 27, saying just because the 5,500 emails were captured by the school’s servers does not mean they are public record. The ruling concluded “We believe this question is one that must be resolved by the Legislature, and we call upon the Legislature to address it, we conclude that under the FOIA statute the individual plaintiffs’ personal emails were not rendered public records solely because they were captured in the email system’s digital memory,”

This is part of Republican’s efforts to bust unions and make Michigan a “Right to Work for Less” state. Shortly after the ruling, the rightwing think tank Mackinac Center’s Legal Foundation sent out a press release saying this ruling “undermines” FOIA, but their only interest, like Zarko’s, is union busting. The rightwing think tank even filed a amicus curiae brief in the case.


During the Court of Appeals hearing on Jan. 5, HPS lawyers argued the case and Zarko sat in the back of the court room. Plus, the case is HEA Vs. “Howell Board of Education” and HPS. Zarko is listed as just a “Intervenor/Counter Plaintiff.” It’s unclear what role HPS will have in the case if it goes to the Michigan Supreme Court. I sure hope no tax dollars go to fund Zarko’s union-busting witch hunt.

Court of Appeals rules against anti-union activist in favor of teachers in e-mail case

The Michigan Court of Appeals ruled today on the case involving a Freedom of Information Request (FOIA) for some 5,500 emails sent and received on Howell Public School computers between union members were not public record and therefore subject to public disclosure.

The three-Judge panel issued their ruling after taking oral briefs on Jan. 5, saying, “We believe this question is one that must be resolved by the Legislature, and we call upon the
Legislature to address it, we conclude that under the FOIA statute the individual plaintiffs’ personal emails were not rendered public records solely because they were captured in the email system’s digital memory.”

The case came about when rightwing blogger and anti-union activist Chet Zarko went on a fishing expedition in May of 2007 when he submitted a FOIA request in cahoots with Howell school board member Wendy Day to find dirt to embarrass the union with. He accused the HEA of abusing taxpayer-funded resources to promote union causes, but the district said the union had a recognized right to use the computers and email.

In October of 2008 Livingston County Circuit Court Judge Stanley Latreille determined that the e-mails written by union leaders on school computers are public record, and subject to disclosure. The HEA filed suit in Livingston County Circuit to stop the disclosure because both the district and the union had a “recognized right” to use the email system. Circuit Court Judge Stanley Latreille determined that they should be released, prompting the HEA to appeal.

Although the suit was against HPS, Zarko was a party to the suit. It remains to be seen if he will appeal.

Howell Education Association (HEA) email case may have far reaching effects

LANSING -- The email case involving the Howell Education Association (HEA) representing the teachers and Howell Public Schools could set precedent and have far reaching effects.

The Michigan Court of Appeals took oral arguments today on the case involving a Freedom of Information Request (FOIA) for some 5,500 emails sent and received on HPS computers between union members. The district contends that because they were using an email box owned by the school, they are public record and subject to FOIA.

The teacher’s union contends that they are not subject to FOIA because they do not meet the scope of FOIA in that they do not affect the performance of a public body. The school district had said all along that the teachers have a recognized right to use the computers, but any written communications on a public computer is subject to public disclosure.

“Certainly, this does not do what the FOIA was intended to do,”said the attorney representing the HEA.”Thousands of these emails are a personal and harmless as ‘I’ll meet you at McDonalds.’”

The hearing before the three judge panel was a lively debate on the future of technology and FOIA, and it may come down to defining how electronic communications and technology fits into FOIA. The issue was broached in the text messages scandal that brought down Detroit Mayor Kwame Kilpatrick.

“What you are telling me is that this is a question of technology,” said Judge Douglas B. Shapiro. “Private communications are private if it’s put in a mailbox, but it’s not of it’s in an email.”

The case came about when rightwing blogger and anti-union activist Chet Zarko went on a fishing expedition in May of 2007 when he submitted a FOIA request in cahoots with Howell school board member Wendy Day to find dirt to embarrass the union with. He accused the HEA of abusing taxpayer-funded resources to promote union causes, but the district said the union had a recognized right to use the computers and email.

In October of 2008 Livingston County Circuit Court Judge Stanley Latreille determined that the e-mails written by union leaders on school computers are public record, but he appointed a special master to review the emails to be released. The HEA appealed that decision to the Court of Appeals.

The HEA said the district’s claim that just because they are on pubic computers maintained and owned by the district they are public record was faulty by comparing it to a student’s locker. Student lockers are owned and maintained by the school district, but the written record by students - including love letters - are not public record. The HEA also said union members have used the old-fashioned office mailboxes in the school office to pass personal and union messages, but those are also not public record. Emails should not be either.

“For years the union has used the school mail box to send notes, letters and newsletters that are not subject to FOIA,” said the attorney representing the HEA.

Under the school district’s position, even emails sent from and to personal lap top computers would be subject to FOIA if they used the district Wi-Fi.

The Court took testimony and written briefs, but they did not rule on the issue.

Anti-union activists continue to try and divide and attack teacher’s union

If we need any more proof that anti-union zealot and rightwing activist Chet Zarko and rightwing Howell School Board member Wendy Day are co-conspirators on the assault on the Howell Education Association (HEA) - the union representing the district’s teachers - we just need to see Day’s latest escapade.

After Day posted an email from a member of the HEA from a private, password protected union email group on her blog in October, the law firm representing the HEA sent the school district’s attorney a letter demanding Day cease and desist from her illegal monitoring activity of the union. As the union member’s employer and a person who negotiates the teacher’s contract, Day is in violation of the Public Employment Relations Act by illegally restraining public employees from their right to engage in lawful union activities. It is also unlawful to intimidate or interfere with the administration of a labor organization.

Apparently, Day is making the ridiculous claim that she is blogging as a private citizen, and not as an elected school board member and the employer of the teacher’s represented by the HEA. That’s simply not possible. If she wants to do post confidential emails obtained from her employees, then she needs to resign her seat on the school board.

She made some even more ridiculous poor persecuted me claims on her blog, claiming her right of free speech has been violated. She also demeaned that “the HEA cease and desist harassing and intimidating me” or she will sue. She is also demanding a public apology from HEA leadership, naming them specifically. She also went on to claim she “filed a complaint with the ACLU, the MI Civil Rights Commission” and her local union. Wait, did she say the liberal ACLU?

What Day is attempting now is exactly what Zarko is trying to do; the old Republican trick of trying to divide people and pit them against each other. She also claims, “the HEA does not have as unified as front as like they think they have (sic).” The answer to that is, who cares?

Again, there is nothing more democratic in the workplace than the union. They elect their leaders, and the majority has to approve any contract the leaders negotiate with people like Day. I don’t care if 49 out of 100 union members vote against the contract, it’s still a majority.

This saga began back in May 2007 after Zarko contacted Day, a founding member of the anti-gay hate group called LOVE (Livingston Organization for Values in Education) PAC. Shortly after that, Zarko filed a Freedom of Information Act (FOIA) seeking emails sent by union leaders on district computers. After receiving some of the emails before an injunction was issued stopping the release of any more emails, Zarko claimed the union illegally conducted a large amount of union business on public time, including trying to retain MEA (Michigan Education Association) affiliated MESSA health-insurance. That claim was debunked because the union has a recognized right to use the computers.

Zarko is now using the same tactics as Day and the anti-public education GOP front group “Education Action Group,” of trying to divide the union members by finding someone who voted against the contract or disagrees with the majority. Again, who cares?

As I have said before, release the emails sent from the school computers, but any emails sent to or from the HEA private email group is a clear violation of the law. Because the union tends to be spread out, I’m sure some negotiation went on via email. As a formal journalist, I favor open government and sunshine laws. If Day wants to publish private union negotiations, then the school board should not go into closed, executive session to discuss the union contract.

Newspaper refuses to ask tough questions of anti-union zealot and rightwing activist

The Livingston County Press & Argus still refuses to ask any tough questions of anti-union zealot and rightwing activist Chet Zarko.

I hesitate to even blog about this because this guy absolutely craves seeing his name in print, no matter where it appears. I almost think his ego is the driving force behinds this witch-hunt, but I doubt he does anything for free.

The newspaper chose to take an AP story on the court case involving the Wayne-Westland Community Schools district and compare it to Zarko’s witch hunt. A Wayne County Circuit Judge has sided with the Michigan Education Association (MEA) to stop the Wayne-Westland district from releasing union-related e-mails sought under the Freedom of Information Act (FOIA).

The case is similar to the one Zarko stated back in May 2007 when he submitted a FOIA request on a fishing expedition to get ammunition to smear the Howell teacher’s union with. That case also has been appealed.

The article says,

“He (Zarko) said he expects to find communications about a small percentage of teachers who wanted to accept an additional 1 percent pay increase on top of what was offered instead of the union-affiliated health benefits, which was a sticking point during negotiations and resulted in HEA protests at school board meetings. This is a matter facing many school districts in Michigan, he said.”

The question has to be asked, who cares? Unions are the most democratic organization in the workforce. The union leaders negotiate the contract, and the members vote on it. Each member gets one vote. Tell me, what’s more democratic than that? Why does it matter what the “small percentage of teachers” wanted? The majority of voters wanted something different.

I initially thought this was just an attack on unions, public schools and teachers. Granted, it is, but it appears to be a bigger, coordinated attack on the MEA. Zarko has steadfastly refused to say who is paying him, but clearly somebody is.

The article talked about some vague sounding group called the “Education Action Group.” The paper called it “an organization seeking school spending reform. “ But what it really is, is a Republican front group dedicated to destroying public education and pushing vouchers, something Michigan voters strongly rejected a few years ago.

Its run by former Michigan Republican Party (MRP) staffer Kyle Olson and MRP lawyer Eric Doster. I don’t know how closely Zarko is associated with this front group, but the reporter should have asked.

Anti-union crusader continues to overstay his 15 minutes of fame

Andy Warhol's famous quote about every person being famous for 15 minutes may have to be extended to 20 minutes for rightwing blogger and anti-union activist Chetly Zarko.

The Livingston County Daily Press & Argus is carrying a story about the Howell Education Association (HEA) - that represents the Howell Public School teachers - decision to appeal a Livingston County Circuit Court decision to allow an estimated 5,500 e-mails written by union leaders on school computers to be released to the public. The case came about in May 2007 after Zarko submitted a Freedom of Information Request (FOIA) to get ammunition to smear the teacher's union.

He claimed the union conducted a large amount of union business on public time on computers owned by taxpayers, including trying to retain MEA (Michigan Education Association) affiliated MESSA health-insurance and using parent-teacher conferences to recruit parents to their side of a collective-bargaining debate. He received some emails before the school district realized there may be confidential parent-teacher info in the emails and put a stop to giving him anymore.

The district and the union filed for an injunction to stop release of the emails, and Livingston County Circuit Court Judge Stanley Latreille issued an injunction that prevented Howell Public Schools from releasing more e-mails by leaders and members of the teacher’s union until they could be reviewed.

In October 2008 Latreille determined that the e-mails written by union leaders on school computers are public record, but they were not released pending an appeal. That appeal was just filed.

This has been and always will be a fishing expedition by an anti-union crusader to smear a union. With the few emails he managed to get his hands on he made the ridiculous claim that HEA leaders have "conducted a large amount of union business on public time by using public resources for union business, specifically, the email server. But when that attack failed after the district said the union has a “recognized right" to use the server he took another tack and used the emails to cherry-pick a few sentences to claim union leaders were mean to a few members.

All along he claims he has been doing this as a public service, and he has also steadfastly denied any one is paying him for this crusade. But his quote in the article is curious:
"We weren't surprised at all," said researcher Chetly Zarko, who used Michigan's Freedom of Information Act in an attempt to obtain the information.

Perhaps he can explain who "we" are. His claim that he is doing this for the public's right to know is laughable, but his quote that if "we lose this battle, it will be harder for the mainstream press to look into and report on issues" is absolutely ridiculous.

Again, this is simply an attempt to smear the union; nothing more nothing less. As a former reporter, I am a strong supporter of FOIA and sunshine laws, but I'm not sure how a teacher's union equates to the government. None the less, I say give him the emails. This is just keeping the story alive, and if anyone has managed to slog through any of his blogs, they know this ink does nothing but stroke his ample ego.

Zarko has a history with rightwing causes. He was the communications director for the California group headed by Ward Connerly that came to the state to push the racist Michigan Civil Rights Initiative on the November 2006 ballot that did away with affirmative action. His attack on the HEA came after communicating with the anti-gay hate group known as the "LOVE” PAC (Livingston Organization for Values in Education) and “LOVE” and school board member Wendy Day. In the summer and fall of 2007 he helped push for the so-called "right to work" ballot issue that failed to materialize.

Rightwing anti-union blogger may get more ammo to attack Howell teachers

Livingston County Circuit Court Judge Stanley Latreille ruled that an estimated 5,500 e-mails written by Howell Education Association (HEA), the union representing the teachers, on school computers are public record and can be released at the discretion of Howell Public Schools administrators, according to the Livingston County Daily Press & Argus.

You may recall that rightwing Republican blogger and anti-union activist Chetly Zarko filed a Freedom of Information Act (FOIA) to get copies of the emails written by union leaders on school computers. The district released the emails he was not supposed to receive without regard to student confidentially or attorney-client privilege. The HEA filed suit to stop the illegal release of the emails in May 2007.

Zarko used the information to claim the union was using school property illegally and other baseless attacks, but that was quickly debunked because the distinct has a “recognized right” to use the computers.

Zarko has come up with a new charge, and according to the P & A:

“Zarko said he expects to find communications about a small percentage of teachers who wanted to accept an additional 1 percent pay increase on top of what was offered instead of the union-affiliated health benefits, which was a sticking point during negotiations and resulted in HEA protests at school board meetings. This is a matter facing many school districts in Michigan, he said.”

Who cares? There is nothing more democratic in the workplace than a labor union. The union leaders who negotiate the contract are elected by the union membership and the actual contract must be ratified by a vote of the membership. What does it really matter what a “small percentage of teachers” said or think; other than to other HEA members?

What is even funnier is how the newspaper describes Zarko. It calls him “an Oakland County researcher.” His two main goals are to get ink and to bust unions. When he does get mainstream media coverage, they all fail to mention his anti-union ties and his ties to the racist “Michigan Civil Rights Initiative.” He runs a Facebook group pushing the union busting so-called “right to work” law.

Rightwing extremist launches anti-union Facebook group

The Republicans all out assault on unions and the middle class with the deceptive name of so-called “right to work laws” has a new front with the establishment of a Facbook group created by an Oakland County rightwing extremist connected with racist and extreme causes and well-known to liberal bloggers is pushing a petition drive to place it on the ballot.

The site was created by Chet Zarko, who was the communications director for the California group headed by Ward Connerly that came to the state to push the racist Michigan Civil Rights Initiative on the November 2006 ballot that did away with affirmative action. The group illegally lied to people and misrepresented themselves to get signatures, and because this is Zarko’s MO, coupled with the other people who are involved with the Facebook group, we can expect the same tactics this time around.

Zarko said the purpose of “this board is to be able tell investors that there are hundreds of motivated folks out there ready to work for the right to work.” Investors seems like a good choice of words because the result of this union-busting proposition is to maximize profits for management at the cost of employees. This bill will force unions to give the protections and benefits they won with hard work and determination to those workers who do not contribute to the union via union dues, enjoy the benefits won by collective bargaining by union leaders and receive the same physical protections won by the hard work and sacrifice of union members.

This petition drive seems really premature. Sen. Nancy Cassis, R-Novi, Rep. Jack Hookendyk, R-Kalamazoo, and Rep. Kevin Elsenheimer, R-Bellaire, have introduced so-called “right to work bills, and Senate Majority “Leader” Mike Bishop, R-Rochester, has included passage of the bills among his list of hostage demands before he will release the hostage, state government. No ballot question committee has been formed that will allow them to actually raise the money Zarko apparently is already illegally soliciting. It would seem logical to let the legislation run its course before a petition drive is launched.

This is not the first anti-union endeavor Zarko has been involved in, and here in Howell we felt the first salvo. In May he submitted a massive Freedom of Information (FOIA) request to get emails from the Howell Public Schools teachers union, Howell Education Association. After getting the emails, he alleged the HEA leaders have "conducted a large amount of union business on public time, including trying to “retain MEA (Michigan Education Association) affiliated MESSA health-insurance, and using parent-teacher conferences to recruit parents (to) their side of a collective-bargaining debate.” He based his ridiculous claims on union leaders' e-mails that he received through the FOIA.

After school district officials admitted union leaders have a "recognized right" to use the district e-mail server for union business, Zarko clung to the ridiculous claim that they may have used a district copier to copy union material. Zarko also has ties to the anti-gay hate group known as the LOVE” PAC (Livingston Organization for Values in Education) that embarrassed the community and tried to ban books by Nobel and Pulitzer Prize-winning authors from Howell High School classrooms.

Despite describing himself as a “metro-Detroit, Michigan-based, political and marketing research consultant, focusing on conservative and “moderate” candidates and other clients,” Zarko has steadfastly refused to say who is paying him and who is financing this witch-hunt against public school teachers and teacher’s unions.

Thinly veiled anti-union smear campaign runs its course

Andy Warhol was correct when he said “Everyone will be famous for 15 minutes,” and we can only hope Chet Zarko’s 15 minutes are about up.

The Oakland County rightwing extremist is connected with racist and extreme causes, and his latest rightwing cause is smearing the Howell Education Association (HEA), the union representing the district’s 475 teachers. You may recall that earlier this month Zarko submitted a Freedom Information Act (FOIA) request for emails from union leaders. After receiving emails he was not supposed to receive, he made the ridiculous claim that HEA leaders have "conducted a large amount of union business on public time by using public resources for union business, specifically, the email server. But when that attack failed after the district said the union has a “recognized right" to use the server he took another tack and used the emails to cherry-pick a few sentences to claim union leaders were mean to a few members.

Wow, what a crime.

He has now stumbled onto a bigger issue. Because the emails are private and contain subject matter that should not be disclosed under the law, and the emails constitute information or records subject to attorney-client privilege, as well as personal information about students, the HEA filed suit to stop the illegal release of the emails. On May 10 Livingston County Circuit Court Judge Stanley J. Latreille gave the HEA and Howell Public Schools officials up to two weeks to review thousands of email to identify which e-mails, written by union leaders on school computers, contain verbiage "regarding politicking" so that he can review them for relapse.

Yesterday, the rightwing Detroit News editorial page editorialized that the emails should be released. Any newspaper that has Nolan Finley as its Editorial Page Editor is suspect. It calls Zarko a “political consultant and activist,” but it failed to mention his extreme rightwing stance.

“Zarko says he was searching for information on whether there had been an abuse of taxpayer resources in Howell and several other school districts on political or other issues.”

Well, he has found nothing, and he is now using the emails to simply smear the union and HEA President Doug Norton, going so far as to falsely claims Norton “doesn't like the "United States system" of elections.” I’m not sure what the internal workings of the union by the elected union leader has to do with anything, but it proves Zarko’s true intention is simply an anti-union smear campaign. Zarko has also refused to tell us who is paying for this witch-hunt.

The editorial’s position is “Private student information or sensitive teacher personnel information should be off limits. But other than that, e-mails produced and sent on the district's computers should be open to review by the public.”

I also agree Norton when he told the News earlier this month that Zarko "has an ideological bent to attack unions,” and the facts have shown that to be the case.

As a journalist, I support transparency in government, and I think they should be released, even to a person with such low motives. Zarko has shown he will take whatever he gets and takes things out of context to attack the union anyway. There is nothing we can do to prevent that, so the larger principal of open government has to apply, even for such low and despicable intentions. Let him have his 15 minutes so he can find another district's union to attack.

Where there’s smoke there is a smokescreen from rightwing operative

The unfounded accusations by rightwing operative Chet Zarko became a little more clear with a follow up article Wednesday by the Livingston County Daily Press & Argus.

Zarko - a self-described metro-Detroit, Michigan-based, political and marketing research consultant, focusing on conservative and “moderate” candidates and other clients – accused the Howell Education Association, the union representing the 475 Howell Public School teachers, of abusing taxpayer-funded resources to promote union causes based on e-mails he received under the Freedom of Information Act (FOIA).

It appears where there is smoke there is nothing but smoke, or in Zarko’s case a smokescreen. According to the Press & Argus, Zarko alleges HEA leaders have "conducted a large amount of union business on public time, including trying to retain MEA (Michigan Education Association) affiliated MESSA health insurance, and using parent-teacher conferences to recruit parents (to) their side of a collective-bargaining debate."
Zarko also claims the teachers used parent-teacher conferences to "illegally lobby" in getting teachers to attend the March 12 school board meeting and advocated speaking on behalf of the teachers. He also claims that one e-mail implies the union used school resources to make copies on behalf of union business.

But further investigation by reporter Lisa Roose-Church, revels the alleged smoking gun that proves Zarko’s inflated case only says "I can make copies after school."

When asked how that statement proves improper conduct, Zarko said whether copies were made is not important. The real question, he said, is whether union members used school computers paid for with taxpayers' money for union business. Say what?

However, the union officials say they have a "recognized right" to use the district e-mail server for union business, and no one but Zarko has disputed that claim. I’m not familiar with the HPS email server, but the Michigan House of Representatives, for instance, has a portal where you can work at home from your own computer and that includes receiving and sending emails at home. This is an accepted practice everywhere.

HEA President Doug Norton said, according to the P & A, that the e-mails were "mistakenly released under FOIA" and that the district official who released the e-mails acknowledged "it was a misunderstanding that led" to the release of the documents." Livingston County 44th Circuit Court Judge Stanley J. Latreille signed an injunction Tuesday stopping any further release of emails, and a hearing has been set for 1:30 p.m. Thursday at the Judicial Center, 204 S. Highlander Way in Howell.

Despite people like Zarko and the anti-teacher stance of the anti-gay hate group known as the “Love” PAC trying to sabotage the effort, the district and the HEA reached a tentative agreement yesterday after a year without a contract.

According to the Detroit News, the three-year contract addresses working conditions, salary and medical coverage for the duration of the contract. The HEA Board will consider the contract on May 14, and the full HEA membership will consider it on May 21. The School Board will consider the contract next month.

Rightwing extremist hired gun takes shot at Howell teachers

The assault on the Howell teachers union, Howell Education Association, is getting some help from an Oakland County rightwing extremist connected with racist and extreme causes.

Chet Zarko, “a metro-Detroit, Michigan-based, political and marketing research and consulting service, focusing on conservative and moderate candidates and other clients” is accusing the HEA of abusing taxpayer-funded resources to promote union causes in a front page story in the Livingston County Daily Press & Argus. That description is from his web site, and there is nothing moderate about Zarko.

Zarko was the communications director for the California group headed by Ward Connerly that came to the state to push the racist Michigan Civil Rights Initiative on the November 2006 ballot that did away with affirmative action. Zarko is a dirty trickster in the tradition of Saul Anuzis, Kyle Bristow and Bill Nowling, and his most well known stunt is when he tried to goad Michigan Democratic Party Chair Mark Brewer into a confrontation by sticking a video camera in his face at public meeting in October of 2005.

We have to wonder who is paying Zarko, and we see the fingerprints of the anti-gay hate group known as the LOVE” PAC (Livingston Organization for Values in Education) and specifically “LOVE” and school board member Wendy Day. Zarko first contacted Day on her blog, as far as we know. And we wonder why the teachers have no contract?

According to the article, “Zarko alleges Howell Education Association leaders have "conducted a large amount of union business on public time, including trying to retain MEA (Michigan Education Association) affiliated MESSA health-insurance, and using parent-teacher conferences to recruit parents (to) their side of a collective-bargaining debate. bases his claims on union leaders' e-mails that he received through the Freedom of Information Act. He has posted several of the e-mails on his Web log and commented about them in a press release issued Friday.”

“Doug Norton, union president, calls Zarko's claims "absolutely erroneous on all counts."
"It's obviously timed to throw mud to affect the school board election and to derail what are positive signs for bargaining," Norton said Monday. "Mr. Zarko is connected with (a) statewide campaign to attack MEA and MESSA. In fact, he and others are working to get other for-profit insurance companies in across the state."

In a further development, Genoa Township radio station WHMI is reporting a temporary restraining order has been signed by Livingston County Circuit Court Judge Stanley Latreille that prevents Howell Public Schools from releasing more e-mails by leaders and members of the teacher’s union.”

A hearing has been set for Thursday to see if more emails can be released under FOIA.