Gladwin mayor challenges city administrator contract clause, calls it a ‘gag order’
Gladwin Mayor Sarah Kile says a city administrator’s contract provision restricts elected officials’ free speech and government transparency.
GLADWIN, Mich. — Gladwin Mayor Sarah Kile is challenging a provision in the city administrator’s contract that she says restricts elected officials from criticizing the administrator and prevents them from freely discussing how city government operates.
The Mackinac Center Legal Foundation issued a demand letter on Kile’s behalf challenging a non-disparagement provision in City Administrator Kimberly Hines’ contract. The foundation argues the clause is overly broad, vague and violates the First Amendment by restricting elected officials’ ability to openly discuss government performance.
The contract states that city officials, including elected council members, employees and agents, must refrain from public or private statements that could reasonably be considered derogatory, false, defamatory or professionally damaging to the employee. The Mackinac Center Legal Foundation argues the provision could restrict speech including comments at public meetings or statements to the media criticizing a public official.
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“I love serving this community,” Kile said in an interview. “But the past year I’ve had pretty much a gag order.”
Kile said the contract was approved by the council last August after the city’s previous manager left. According to Kile, Hines initially offered to help the city temporarily while officials dealt with the vacancy but ultimately remained in the position.
Kile said she was concerned about the non-disparagement language from the beginning and had pushed for the city to conduct a formal hiring process rather than appointing someone who initially offered to temporarily fill the role.
The mayor said the language is so broad that she worries even asking questions about city operations could potentially violate the agreement.
“If I’m talking to someone who might go back and imply that the question was damaging to this person’s reputation, then we have a problem,” Kile said.
Kile said elected officials need to be able to question spending and other decisions without worrying that criticism could violate an employment contract.
“We should be critical of every single dollar we spend, of every decision we make, because it’s for the people of our beautiful city who deserve better,” Kile said.
The Mackinac Center Legal Foundation said the restriction could interfere with elected officials discussing government spending, administrative performance, service delivery and the treatment of public employees. The demand letter asks the city to revise the provision to protect the First Amendment rights of city officials and employees.
“The First Amendment does not stop at the doors of city hall,” Mackinac Center Legal Foundation senior attorney Steve Delie said in a statement announcing the challenge. Delie said public officials cannot use government authority to suppress criticism.
According to Kile, the contract states that violations of the provision by a city official could constitute a breach of ethical standards and potentially expose the city to civil liability for reputational harm.
“I could cost the city that I love more money just by asking,” Kile said.
Kile also raised concerns about a separate city document distribution policy. She said the policy prevents council members from distributing certain documents themselves, leaving that authority to the city manager or clerk.
The administrator’s contract is a public record and can be obtained through a Freedom of Information Act request, Kile said. But she argued residents should not have to search for government documents to understand what their elected officials have agreed to.
“Maybe no one knows about it. It’s hidden. That’s not OK in government,” Kile said.
Kile said she believes vigorous debate and criticism are essential to effective local government.
“When we are able to have healthy debate, that’s going to strengthen the policy, that’s going to strengthen the community and that’s going to build trust in our government,” she said.
Kile said she does not know who originally proposed including the non-disparagement language in Hines’ contract. She said she had served on public boards and reviewed numerous contracts before becoming mayor but had not encountered similar language.
The dispute comes as Gladwin officials consider another contract with Hines. Kile said the council recently approved a one-month extension while negotiations continue.
“My hope is that this sort of clause will not be in the next contract or any contract moving forward,” Kile said.
The Mackinac Center Legal Foundation said further legal action could follow if the city does not address the concerns raised in its demand letter.
Kile said she hopes the dispute draws attention beyond Gladwin and discourages other government bodies from adopting similar provisions.
“Our tax dollars should not go to protect someone’s professional reputation,” Kile said. “Our tax dollars, our investments are in this community. They should serve this community, not serve people who are paid by this community.”
Kile said she hopes the council ultimately removes the provision and conducts a formal process to determine who should lead the city.
“I ran on two things: always engagement and transparency,” Kile said. “I’m really hoping that we can continue down that path of real transparency for the people that we serve.”
Hines was contacted for comment but had not responded at the time of the interview.
Disclosure: The author of this story works for the Mackinac Center for Public Policy.