All politics may be local, but some small-town injustices deserve national attention. Case in point: As mayor of Gladwin, in north-central Michigan, I am effectively banned from exercising my First Amendment right to free speech. But this isn’t about me; my colleagues in government are affected, as well. Most importantly, it’s about our ability to be open and honest with the people who elected us — people who deserve complete transparency from their public officials.
Here’s the situation. Like many municipalities, Gladwin has a mayor, a city council and a city administrator who runs the day-to-day operations of our town. But the city administrator’s contract, which the city council ratified last year, has a shocking clause. The contract bans me from criticizing the city administrator, gutting my ability to ensure our town is well-served by this powerful (and unelected) official.
Here are the contract’s exact words: “City officials, including elected Council members, employees, and agents, shall refrain from making any public or private statement (written, spoken, or implied) that would reasonably be viewed as derogatory, false, defamatory, or professionally damaging to Employee.”
Much of this language is fine — namely, the parts about making false or defamatory comments. That’s already illegal. But “professionally damaging” or “derogatory” is another matter entirely. So is banning me from making private statements, including implications. The language is so broad and vague, offenses are in the eye of the beholder — so long as the comments can “reasonably be viewed” as violating the contract, the city could face a massive lawsuit.
As mayor, my job is to represent the people who elected me. I have a sworn duty to fight for their interests. That includes highlighting the good and bad of what goes on at city hall.
If the city administrator — whoever it may be — does something wrong or harmful to our town, I have an obligation to let my constituents know. They put their trust in me, and being honest with them is a key part of repaying that trust. This is fundamental to our form of government.
But I can’t highlight incompetence or abuse of power, because that could “reasonably be viewed” as being “derogatory” or “professionally damaging.” The city is protecting the city administrator’s future job prospects more than it’s protecting residents.
Since this is a legally binding contract, I have no intention of saying anything that would violate it. I follow rules, even when I dislike them. (Though I fear even writing this op-ed or discussing the contract out loud could be construed as a violation.) But how does this clause serve the public interest? As far as I can tell, the only person this clause helps is the city administrator.
And remember: I can’t say a word in public or private. When I go to the grocery store, I no longer answer questions about how things are going in city government. I simply say things like “God is good” or “life is great.” I’m mayor of my town, and I live in fear that someone, somewhere, somehow will accuse me of saying something that some unknown person will deem “derogatory” or “professionally damaging” about a powerful city colleague.
I’ve known my rights are being violated — and my constituents are being harmed — for a year. But to my surprise, none of America’s civil liberties organizations were willing to help. I even contacted the attorney general’s office. But no one was willing to defend my right to be transparent with the people of the place I love and call home.
Thankfully, the Mackinac Center for Public Policy agreed to help, and I’m beyond grateful. On July 27, they filed a demand letter with the Gladwin City Council. The center urged my fellow public officials to protect our speech rights — and the public’s right to know — by ending this injustice in the contract they’re currently negotiating with the city administrator.
I’m optimistic the city council will see reason and do the correct thing. I don’t just have a right to speak. The people have a right to know the truth about their leaders.
Sarah Kile is mayor of Gladwin, Michigan.
This article originally appeared on The Detroit News: I’m the mayor of Gladwin. Why can’t I speak freely? | Kile
Reporting by Sarah Kile / The Detroit News
USA TODAY Network via Reuters Connect
By Sarah Kile | USA TODAY Network
