Gladwin Mayor Sarah Kile is challenging a clause in the City of Gladwin’s administrator contract that restricts elected officials and city employees from criticizing the city administrator.
Gladwin Mayor Sarah Kile is challenging a clause in the City of Gladwin’s administrator contract that restricts elected officials and city employees from criticizing the city administrator.
Represented by the Mackinac Center Legal Foundation, Kile issued a demand letter requesting the city to revise a clause that is overly broad, vague, and unconstitutional because it chills her ability to speak openly with residents about government performance and public affairs.
The disputed provision threatens to punish speech about issues that matter to the public, including government spending, administrative performance, service delivery, and the treatment of city employees. The Mackinac Center argues that elected officials do not surrender their First Amendment rights when they take office, and that taxpayer-funded contracts should never be used as gag clauses.
The clause states, “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
Kile was elected to communicate honestly with the people of Gladwin, not to stay silent when government action affects residents. When officials are prevented from speaking candidly, the public loses access to information it needs to judge whether local government is serving the community well.
The clause confines Kile’s discussion of performance concerns to narrow channels, preventing her from openly sharing with the public.
“The First Amendment does not stop at the doors of city hall,” said Steve Delie, senior attorney for the Mackinac Center Legal Foundation. “Government cannot use taxpayer-funded contracts to silence elected officials who are trying to serve the people they represent. If government can suppress criticism through vague contractual restrictions, it sets a dangerous precedent that weakens accountability and deprives voters of information they need to evaluate their elected leaders.”
“I didn’t run for office to stay silent when I see problems that affect our residents,” said Kile. “The people who elected me expect honesty about how their government is working and where it can improve. Open discussion — even when it’s uncomfortable — is essential for good governance. Taxpayer-funded contracts should never be used to discourage us from speaking candidly in order to serve those who elected us.”
The Mackinac Center Legal Foundation issued a demand letter to the City of Gladwin on behalf of Kile on July 27. If the city refuses to address the unconstitutional provision, further legal action may follow.
