Office of Governor Gary Locke
FOR IMMEDIATE RELEASE - October 13, 2003
Contact:  Governor's Communications Office, 360-902-4136

Gov. Locke Appoints Retired Chief Justice Bob Utter and Former Legislator/TVW Co-founder Denny Heck to Report on Marysville Teachers’ Dispute

With word that the stalemate continues in the Marysville teachers’ strike, Gov. Gary Locke today announced that he is appointing an independent third party to look into the dispute. The goal is to examine the issues presented by both sides and help urge a resolution.

Locke has appointed retired State Supreme Court Chief Justice Bob Utter and Denny Heck, retired president and co-founder of TVW, former legislator and former chief of staff for Gov. Booth Gardner, to serve as the independent third party – a form of “special master,” which in legal circles is defined as a court-appointed official called in to help clarify issues in a dispute.

The governor issued the order today from Beijing, China, where he is leading a seven-day trade mission. Locke left for the trade mission on Saturday, Oct. 11, vowing to stay updated on the situation in Marysville. He met with both parties separately in Olympia last week.

“I am disappointed that both sides have failed once again to reach a compromise,” Locke said. “We must take any action we can to get Marysville students back to school as soon as possible.”

“The action we’re taking today should not in any way interfere with the decision of a judge on whether to grant the request for an injunction from Marysville parents and the school district,” he said. “Our goal is to help both sides as they try to reach an agreement. I would like to see the students back in school while both parties continue to engage in mediation.”

“I believe that Bob and Denny will be unbiased third parties who can take an objective look at all the facts in this stalemate and make honest and frank assessments about the arguments on both sides,” Locke said. “We hope that their assessments will help initiate a compromise.”

Utter served on the state’s highest court from 1971 to 1995, and was Chief Justice from 1979 to 1981. He has received numerous honors, including Outstanding Judge from the Washington State Bar Association and Distinguished Jurist-in-Residence at Indiana University. Utter has been involved with the American Bar Association, the Agency for International Development and the U.S. State Department in commenting on the constitutions and laws of many new developing democracies and assisting the development of their judicial systems.

“I am glad to be of service to the governor and hopefully the people of the Marysville School District at this difficult time,” Utter said.

Heck retired from TVW, the statewide network that provides unedited television coverage of state government deliberations and public policy events, in August of this year, after leading the organization for 10 years. For the past five years, Heck produced and hosted TVW’s weekly public affairs discussion program “Inside Olympia.” Heck served in the state House of Representatives from 1976 to 1985 and served as Gardner’s chief of staff from 1989 to 1993.

“The community of Marysville is hurting right now,” Heck said. “If there is anything that Bob and I can do to help get the students back to school, we are proud to answer the governor’s call.”

The governor has charged Utter and Heck with examining the issues on both sides and issuing preliminary and final reports of their findings to both parties. The final report shall be completed as soon as reasonably possible. Upon completion, the final report will be considered public record and available upon request through the Governor’s Office.

In preparing the report, Utter and Heck will disclose data and data analysis; identify assumptions, discrepancies and differences in the parties’ positions; and comment on those findings. To the extent necessary, they may rely upon information and data provided by the parties in the dispute, the Office of Superintendent of Public Instruction and the Office of Financial Management. With the approval of both parties, they may also rely upon information from the mediators assigned to the dispute by the Public Employment Relations Commission. Utter and Heck will be eligible to receive per diem and expenses.

Locke summoned both sides in the dispute to his office in Olympia last week for separate meetings. He urged them to work harder to reach an agreement and get Marysville students back to school as soon as possible. Both meetings lasted for more than two hours.

“It has been reported that I reviewed the school district’s budget and instructed the school district not to give the teachers any more money, which is not true,” Locke said. “Neither my staff nor I have reviewed the school district’s budget. In addition, I never suggested that the board not give the teachers more money. I had a frank discussion of the issues with both sides. I did see elements of a compromise after talking with both parties, but I never gave either side specific directives on how to proceed. It is not my role to negotiate a settlement.”

While the governor has communicated his desire that the sides settle in previous teacher strikes, his actions today and last week are unprecedented in his administration. It’s the first time that he summoned both sides to Olympia, and the first time he has felt it necessary to take additional steps to urge the resolution of a teacher strike.

# # #

Editor’s Note: Digital photos of Utter and Heck are available by contacting the Governor’s Communications Office at 360-902-4136.

» Return to this month's News Releases

» View News Release Archive