HomeMy WebLinkAboutCity Council Resolution 1992-492CITY OF PLYMOUTH
RESOLUTION NO. 92-492
AFFIRMING RICHT OF SPEECH FOR CITY EMPLOYEES
WHEREAS, City Attorney Robert Meller in a letter dated July 23,
1992 expressed his opinion to the Acting City Manager Frank
Boyles that:
"No city employee should make any statements of any kind
regarding Mr. Wills' resignation. Such statements may
constitute actionable violations of the Minnesota Data
Practices Act. Please ensure that City employees do not
discuss Mr. Willis' resignation with the press or any other
party;" and
WHEREAS, some City employees have taken the view that the City
Attorney's letter prohibitâ– City employees from exercising their
protected right of free speech; and
WHEREAS, the City Attorney's letter of July 23 seeks to have
employees of the City recognize their obligations under the
Minnesota Date Practices Act, and to protect the City from
liability, but is viewed by some as an over -broad restriction of
free speech surrounding the reasons for the recent departure of
Mr. Willis; and
WHEREAS, the right of free speech is fundamental to our
democratic form of government and this Council supports the
protection of free speech as provided for by the First Amendment
and the U.S. Constitution; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, HIM3 0TA, that the City Attorney clarify his
letter within ten days (18) to specifically address Data
Practices considerations, to whom the act applies, the subjects
which are proscribed and the authorities in support thereof.
HE IT FURTHER RESOLVZD, that the City Council affirms the right
of free speech f0t Plymouth employees relative to the issue of
the resignation of Mr. Willis, expressly subject to the
constraints of the Data Practices Act.
Adopted by the City Council on August 17, 1992.