Dems' letter raises ethics question

OLYMPIA — Several Democratic legislators may have violated state ethics laws when they signed a letter scolding a private nonprofit mental-health-care provider for using "hostile" and "anti-union" bargaining tactics in recent contract talks.

The letter, which was sent this month to the director of Olympia-based Behavioral Health Resources (BHR), was written on official Washington state Legislature letterhead.

The Legislative Ethics Board has ruled recently that it is illegal for lawmakers to use public resources to advocate for one side in a private dispute.

Kirkland resident Scott St. Clair filed a complaint with the board this week accusing his senator, freshman Eric Oemig, of using his legislative clout to meddle in a private matter.

Other lawmakers are likely to get dragged into the controversy. Oemig was one of six Democratic senators who signed the letter. The others were Sens. Adam Kline, Ed Murray and Jeanne Kohl-Welles of Seattle, Rodney Tom of Bellevue and Chris Marr of Spokane.

A second letter — with the same text but not written on official letterhead — was signed by 28 Democratic House members.

Oemig acknowledges signing the letter with other senators, but said his recollection is that the version he signed was not on official letterhead. Kline also confirmed signing the letter, but said he did not recall what type of letterhead it had.

The letters were done at the behest of the Service Employees International Union (SEIU) Local 1199, which at the time was in the midst of a bitter contract fight with BHR. The two sides have since reached an agreement.

Mike O'Connell, attorney for the ethics board, said he had seen the letters but wouldn't discuss Oemig's complaint.

Neither of the letters was approved ahead of time by legislative attorneys.

During this year's legislative session, SEIU 1199 and others successfully lobbied lawmakers for a $36 million increase for community mental-health services. Lawmakers directed that two-thirds of the money was to go to wage increases.

Some of that money is going to BHR, a private nonprofit company that provides community mental-health services in Thurston, Mason and Grays Harbor counties.

SEIU 1199 represents about 22,000 nurses and other workers statewide, including 200 BHR employees.

At the height of the union's recent contract dispute with BHR, John Masterson, the company's executive, received the lawmakers' letters.

In the letters, which actually were drafted by the SEIU, the lawmakers touted the funding increase for mental-health providers. Instead of giving workers the pay raises lawmakers intended, the letters said, BHR was demanding cuts in benefits and job protections.

The lawmakers also criticized the company for hiring Jackson Lewis, a nationwide law firm that the letters described as notoriously "anti-union."

Finally, the lawmakers reminded Masterson "your agency is funded largely through the state budget. ... As elected officials responsible for that budget, we call on you to change course, and to negotiate a fair settlement with your unionized staff."

In a response letter to lawmakers, Masterson said, "It appears that you have been provided seriously incorrect information." He denied the charges that BHR was anti-union and defended the company's decision to hire a "management-side labor attorney."

A week later, a day before the union's strike deadline, the two sides struck a deal that includes nearly 10-percent wage increases over two years.

Ralph Thomas: 360-943-9882 or rthomas@seattletimes.com