Mason City Council moves to silence threats, disinformation by elected officials, employees

MASON — The City Council passed a controversial update Monday night to the city's ethics ordinance that would add violations for public officials and employees who make threats or spread misleading information at meetings, in news reports and "through electronic media."

Mayor Russ Whipple told councilmembers and the public on Monday that he wrote the new language to address concerns and comments he received from Board of Ethics members and city staff about what's considered an ethics violation.

"A city official shall not publicly make any statement regarding the city, the city council, a city council member, a city board or commission, a city board or commission member, or a city employee which is inaccurate when said official knew, or should have known, such statement was inaccurate," the ordinance reads in part. "A public statement shall include comments made in any public venue including a public meeting, the news media, or through electronic media."

The council voted 5-1 vote to approve the language. It needs to pass council a second time to become part of the city's ordinances. Vogel cast the lone no vote. Councilmember Scott Preadmore was absent from the meeting.

It comes nearly two weeks after the city's Board of Ethics dismissed a complaint against Councilperson Rita Vogel. Mason residents Vicki and Tom Whipple brought the complaint against Vogel earlier this year after she proposed the city formally recognize Malcolm X, who has strong ties to the area.

Russ Whipple's revisions included barring city employees from making threats about other employees or the city. Whipple added the ordinance is classified as aspirational, and there are no penalties outlined.

Whipple said he anticipated a robust debate.

Mason panel dismisses ethics complaint against councilwoman

"I fully expect us to have people who are concerned about this," he said. "I am going to be honest with you, I wanted to have the discussion. I wanted to throw the idea out there and have the discussion. If we can't fly it, we can't fly it. If the attorney points out something and says, 'This is a dumb idea,' we'll take it out."

Vogel, as well as several residents, disagreed changes were necessary and argued they would violate employees' First Amendment rights to freedom of speech. Vogel, who is a person of color, also criticized Whipple for the changes and said it felt like a personal attack on her because of the previously unfounded ethics complaint.

"We should let those complainers know that we're not going to investigate a freedom of speech issue. We should at least have some foundation of 'anyone can say anything' and that's totally OK," Vogel said.

Whipple had a complaint against him that was unfounded, he said during the meeting. He clarified the citizen-staffed board is required to review the complaints they receive and to determine if an investigation is warranted.

Vogel was accused of describing the city as racist and white supremacist. Vogel denies using the word racist and said her use of the phrase white supremacist was taken out of context. She made the point that regardless, she has a First Amendment right to say what she wishes without retribution.

The city's Board of Ethics dismissed the complaint in a unanimous vote.

Don Herzog is a law professor at the University of Michigan and specializes in politics, constitutional interpretations and the First Amendment.

The city's ordinance does not allow Vogel to "say whatever she likes" when she's at a city council meeting or representing Mason in official capacities, he said in an email. As a citizen, for example, she could make knowingly false statements but not do so as a public official. People who work in public positions don't have a right to call someone a jerk, he said.

Problems could arise if, during a meeting, she or anyone is silenced to shut out their political beliefs or other protected speech, Herzog wrote.

Mason cannot, however, impose restrictions on public discourse outside of city hall such as at parks and businesses, or on social media, he added.

A government cannot always regulate speech for being false, Herzog wrote. If a person said former President Barack Obama is a Muslim who was born in Kenya in a public space, a public body cannot penalize that person.

"Can Mason tell its council members, 'Don't say stuff that you know or should know is false/inaccurate?' Yes."

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Contact reporter Krystal Nurse at 517-267-1344 or knurse@lsj.com. Follow her on Twitter @KrystalRNurse.

This article originally appeared on Lansing State Journal: Mason City Council moves to silence threats, disinformation