pages: OpenGovernmentCommission/2015-02-02.pdf, 27
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OpenGovernmentCommission | 2015-02-02 | 27 | Commissioner Dieter stated the City Manager might make a statement that does not necessarily represent the City. Vice Chair Foreman added or the Mayor or a Councilmember or a member of the Planning Board; stated they have a right to state their opinion, but questioned not to be disciplined or reprimanded for it; someone can state any opinion on anything and it can be as out in left field and prejudicial to the City, but if you state it as an individual, not as a member of the body, it is not disciplined; there is case law about statements that can be made and not be disciplined under freedom of speech; however, the language is kind of carte blanche. The Assistant City Attorney stated similar to the previous section, the issue is very difficult and contentious; the courts bound around about whether or not a person is bringing forth a matter that is of public concern, which one has the right to do, notwithstanding the fact that the person is an employee, versus bringing forth something that is really just complaining about one's job, which the person does not have the right to do in a public forum; he is just trying to clarify the existing language; that is the only purpose of making the amendments; he attempted to work with what was initially adopted rather than trying to write a very nuanced dissertation about when an employee can and cannot be disciplined. Vice Chair Foreman stated his thoughts would be to not have the Section at all; leave it to the courts to determine in individual situations because the cases are all over the place. The City Clerk stated the intent of the Sunshine Task Force adding the section was so that employees or board and commission members would not feel like if they had an opinion on a project as an individual, they could not come to a Council meeting [to express the opinion]; people would be getting up as an individual and allowed to still have an opinion on a specific project. Vice Chair Foreman stated there is no such thing as the Mayor getting up in public and making a statement about a City matter, but saying she is not doing it as Mayor. The City Clerk noted the language used to say City board, commission or committee, which could be changed back; specifying public employees, boards, commissions or committees excluded the Council in the past; perhaps staff can provide that distinction; stated just because a person on a City board does not want to feel like they are losing their right to come, as an individual, and comment, which is the intent. The Assistant City Attorney stated the idea is that it would be applicable to public employees and policy bodies, other than the elected officials. Vice Chair Foreman stated the language he does not like is: "shall not be disciplined for;" "nothing in this section shall be construed to provide rights to public employees or policy board members beyond those recognized by law or agreement or create a new Meeting of the Open Government Commission February 2, 2015 27 | OpenGovernmentCommission/2015-02-02.pdf |