UAW Counsel Warns Bureau of Workers' Comp Not to use Public Funds in Issue 2 Fight
2 October 1997
UAW Counsel Warns Bureau of Workers' Comp Not to use Public Funds in Issue 2 Fight
CLEVELAND, Oct. 2 -- "It would be unlawful for the Bureau (of
Workers' Compensation) to attempt, either directly or indirectly, to influence
the vote on State Issue 2," warned Esther Weissman, United Auto Workers
counsel for workers' compensation, in a strongly worded letter sent today to
James Conrad, Administrator of the Bureau of Workers' Compensation (BWC).
Weissman's letter was sent in response to a September 12, 1997 memo from
Conrad in which he stated that a prior memo indicating the BWC would
follow the law and remain neutral on Issue 2 is "null and void."
Issue 2 was placed on the ballot by a signature campaign led by the UAW,
other unions, injured worker and workers' compensation attorneys. It would
stop implementation of the workers' compensation take away bill, passed by
the legislature and signed by Governor Voinovich in April.
In his September 12 memo, Conrad asserted that he had decided the prior
memo was null and void because of a public records request from Weissman
that he labeled "extraneous" and because BWC employees have allegedly
been sent information regarding the "Vote No" campaign.
But Weissman noted in her letter that there is "no rational connection"
between Conrad's pronouncement that the earlier memo was null and void
and the reasons offered for this action. She also noted that the BWC has a
statutory obligation to answer requests for public records promptly --
irrespective of the agency administrator's suppositions about how the
records may be used -- and that public employees have a constitutional
right to engage in activities in connection with ballot issues.
Weissman's August 8, 1997 records requests related to information
concerning advertisements placed by the BWC, consultants hired by the BWC,
investment counselors employed by the BWC, the return on investments of the
Workers' Compensation Fund and the cost of BWC services.
"Using state funds to influence a ballot initiative is illegal," Weissman
said. "The Bureau's job is to run the state workers' comp system, not to
engage in political activity.
"Administrator Conrad should formally revoke his September 12 memo and
assure the people of the state of Ohio that he intends to follow the law
and maintain the neutrality of the Bureau of Workers' Compensation on
Issue 2," Weissman added.
For a full text of the correspondence between Attorney Esther Weissman and
James Conrad, Administrator, Ohio Bureau of Workers Compensation,
call Esther Weissman at 216-579-1818.
SOURCE United Auto Workers
