GLADWIN, Mich. — The Mackinac Center Legal Foundation has issued a demand letter on behalf of Gladwin Mayor Sarah Kile challenging a provision in the City of Gladwin’s administrator contract that restricts elected officials and city employees from criticizing the administrator.
The clause is overly broad and vague, and it violates the First Amendment by limiting elected officials’ ability to speak openly with the public about government performance.
“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 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 Employee.” This language restricts First Amendment speech, such as public comments during meetings or statements to the press that would criticize a public official.
The demand letter asks the city to revise the provision to uphold the First Amendment rights of its officials and employees.
The restriction interferes with elected officials’ ability to speak about issues that matter most to residents, including government spending, administrative performance, service delivery, and how public employees are treated. 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. Government cannot use taxpayer-funded contracts to silence elected officials who are trying to serve the people they represent,” said Steve Delie, senior attorney at the Mackinac Center Legal Foundation. “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. Public officials don’t have to like criticism, but they can’t use government power to suppress it.”
If the city does not address the concerns raised in the letter, further legal action may follow.
Read the demand letter here.
