One of the many things I took away from watching the December 12 Westcliffe Board of Trustees meetings was their complete and utter disrespect for the First Amendment rights of their employee and the disregard shown to the local press. At one point during the meeting, Mayor Paul Wenke completely mischaracterized an article that had run in the Tribune when our reporter Elliot Jackson interviewed the Town Manager, Caleb Patterson. Mayor Wenke stated, “I just read the Wet Mountain Tribune in your interview where you said ‘that Westcliffe is dying, that you are in charge of everybody, that you are in charge of planning, you work jointly on the budget.’ Why would you say those things?”
This statement by Mayor Wenke is false, and he seems to have purposefully mischaracterized what was actually published in the article. The gist of the article revolved around Patterson’s role in the town, the newly passed ADU ordinance, and the opportunities that might stem from the ordinance. Further, it discussed how local businesses can be better served by the town (Full article of the interview can be read by clicking here).
Trustee Mark Dembosky decided to pile on. Addressing Patterson, he stated, “In the employee handbook, rule 701. ‘In individuals, public communications regarding town policy of procedures, i.e., letters to the editor, speeches, etcetera, by an employee, must be written or conveyed in such a manner so as not to imply that the employee is speaking for the town. A statement that the employee is expressing a personal opinion should be reflected in any letter or speech.’ You didn’t do that. Why?”
Patterson, a veteran, was shocked and responded, “I don’t see anything wrong with my interview.”
It seems to have escaped Dembosky and Wenke that public employees speaking on matters of public concern have repeatedly been protected by the First Amendment.
The Supreme Court of the United States ruled in 1968 that public employees have the right to speak out on matters of public concern. The case focused on Marvin Pickering, a high school science teacher in Illinois who was fired for writing a letter to a local newspaper criticizing the school board. The case set the stage for future rulings on the First Amendment, but the Supreme Court ruled 8-1 that “The problem in any case,” Justice Thurgood Marshall wrote for the Court, “is to arrive at a balance between the interests of the teacher, as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.” Pickering had made several factual errors in his letter, but the point remained that he had a right to talk about a matter of public concern. Westcliffe Manager Caleb Patterson had correctly identified a problem in the structure of the Westcliffe Town Government, and instead of remaining silent on the issue, he tried to bring it forward to the board to work towards a solution.
Public employees do not have a blank check when it comes to First Amendment rights when talking about their employer, but in matters of public concern and the topic of government efficiency, the Supreme Court has ruled that such speech as Patterson had engaged in during the meeting was protected speech.
Patterson has shown remarkable resolve, trying to help the town become better organized and more open to the public. His reward for this effort was ridicule and retaliation by Wenke and Dembosky for speaking with the Tribune. It seems that the Board of Trustees was so irritated by Patterson’s presentation and interview with the Tribune that they entered an executive session and decided to force Patterson to resign on the spot. It is my opinion that this executive session does not follow Colorado Open Meeting Law (Click here to read about the meeting where Patterson was forced to resign).
More importantly, the glaring message that the Board of Trustees sent was that employees should be muzzled when talking about matters of public concern and that speaking to the press should be forbidden. Limiting transparency and communication with this small community was the signal that was blaringly broadcast at the December 12 meeting.
Mayor Wenke, in particular, has increasingly used his position to try to silence critics or criticism from the public, a topic the Tribune will be reporting on in future editions.
– Jordan Hedberg
Featured Image: Mayor Paul Wenke during a November Board of Trustees meeting