6. Elected or Appointed?
Usually No Conflict... Library Commissions appointed because we are among best voices - public interest. BUT what if Commissioner thinks elected officials wrong, dumb, or thieves? ...and speaks out?
Commissioners have some limited free speech - factors court likely to consider:
- Is speech of public concern?
- Is speech the main reason for removal?
- Does speech value outweigh workplace disruption?
(See Hyland v. Wonder, 117 F. 3d. 405 [9th Cir. 1997] highly placed volunteer has same speech rights as public employee)
Examples
1) Competing measures to return local property tax
2) Threat of library closure to finance fireworks display (Judge Minow**)