RALEIGH -- An ongoing battle between state lawmakers and the state's largest teacher organization is heating up again. State leaders are ready to enforce a law which mandates groups meet a minimum membership enrollment in order to be eligible for an automatic payroll deduction. But, the North Carolina Association of Educators (NCAE) say they believe this is a political attack on their group.
And now the clock is ticking for NCAE to comply.
“They don't really have the authority to demand that we provide that information,” said Rodney Ellis, the president of NCAE. "We feel like it is a violation of our members' constitutional rights and freedom to assembly. So, we maintain our position that we should not be required to provide that information.”
Last week, the state controller sent a letter to NCAE giving them until Feb. 1 to give its member count, saying quote: "Prior to taking action, I am asking you to provide me or the state auditor evidence of your membership count. "
The auditor was able to verify over 9,000 members for the organization, but state lawmakers contend NCAE has a higher threshold of 40,000 in order to be eligible.
“A threshold that they actually put in to flush out competition,” said Sen. Ralph Hise, a Mitchell County Republican. “They have actually fallen under.”
Hise is a leading proponent of getting rid of automatic deductions for all organizations. He says he doesn't believe it is the proper role for state government.
“I figure we have given them every opportunity in the world to show that their membership is above the threshold,” said Hise. “That specifically NCAE has established in law, for their entity or other entities that need to be above other threshold numbers.”
At the same time, NCAE was given its warning, the Correctional Peace Officers Foundation also got a warning letter that it did not meet requirements.
The controller saying: "Correctional Peace Officers Foundation reported 1,465 members.” She went on to say, “Payroll deduction is allowed only if your association has at least 2,000 members."
The Peace Officers have responded, with new numbers and an offer of any documentation needed to verify. NCAE says it doesn't plan to do the same because it infringes on its constitutional rights.
“The freedom of assembly,” said Ellis. “Our members have a right to belong to this association without being antagonized, without being limited how they pay the dues to belong to this organization.”