January 2003

Ethics, Duty, and Freedom of Speech

Can/should a citizen who serves as a member of a municipal planning commission speak out publicly against a developer planning a sub-division before the planning commission has deliberated on the matter? Here's the case. You decide.

In a letter to the editor in the local newspaper, planning commissioner Jones urged the local school board to oppose a planned subdivision that, in his opinion, would result in significant and uncompensated costs to the school district and the community at large. The developer complained to the Mayor that commissioner Jones should be removed from the Planning Commission inasmuch as he had demonstrated that he was no longer unbiased and impartial with regard to the situation. The Mayor agreed, stating that Commissioner Jones should let the facts sway his opinion, not personal judgement.

Commissioner Jones responded by saying that he did not sign the letter as a member of the planning commission. Rather, he had signed it as a citizen and was merely exercising his opinion as granted by the First Amendment of the Constitution.

Did citizen/commissioner Jones cross over the ethical line? Or, was his behavior without reproach?

--case based on a real story