An attorney for the North Carolina Association of Educators (NCAE) said a lawsuit will be filed challenging the constitutionality of overriding the veto of a bill that stopped the state from deducting NCAE dues from the paycheck of working and retired teachers. Jack Nichols told a press conference legislators amended an adjournment resolution to reconvene the next morning. Nichols claimed that was prohibited by law.
Apparently one lawyer he didn’t talk to was Jeanette Doran with the North Carolina Institute for Constitutional Law. She points out the adjournment was handled in a resolution not a Senate bill. She says the action was clearly constitutional. Doran also points out in 2007 the General Asembly amended its adjournment resolution during a session which had been reconvened to consider an incentives bill vetoed by Easley. The General Assembly did the same thing this time. It amended an adjournment resolution while in a session called by Perdue to reconsider the vetoed Racial Justice Act repeal.
Nichols also said the bill prohibiting deducting dues was illegal because it singled out the NCAE.
The NCAE is not named in the bill. The bill instructed the state and the State Treasurer not to automatically deduct the dues, it didn’t prohibit teachers from paying them. Several other organizations are also affected by the bill.