HomeMy WebLinkAbout#22 Staff Report- Censure of Council Member Bloyer483044v1 SJS LA515-1
Kennedy Sarah J. Sonsalla
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
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Graven (612) 337-9284 telephone
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C H A R T E R E D
MEMORANDUM
TO: Kristina Handt, City Administrator
FROM: Sarah J. Sonsalla, City Attorney
DATE: July 15, 2016
RE: Censure of Council Member Bloyer
At the meeting on July 5, 2016, the City Council adopted Resolution No. 2016-60, which
censured Council Member Bloyer. The Resolution imposed restrictions on Council Member
Bloyer, including that he may not interact with any member of City staff without another council
member present, he must direct all questions during City Council meetings to the chair and that
he be required to participate in training on handling of confidential information. I was unaware
of and therefore did not have the opportunity to review the resolution prior to it being adopted by
the Council.
Council Member Bloyer has asked whether the City can legally impose these restrictions
on him. I have consulted with the League of Minnesota Cities and independently researched the
issue and the answer to this question is that the City should not impose these restrictions on
Council Member Bloyer because they go beyond the scope of a censure and cannot be enforced.
The dictionary definition of a censure is “limited to expressing severe disapproval of
(someone or something), typically in a formal statement, but not to discipline or punish.” In this
case, the resolution censuring Council Member Bloyer not only expresses the Council’s
disapproval of his behavior but also imposes restrictions that are in the form of a penalty or
deprivation for his behavior. That goes further than the Council expressing its disapproval of
Council Member Bloyer’s behavior.
The restrictions that are being imposed on Council Member Bloyer limit his rights to hold
and enjoy his office as a city council member. The rule is well established that an elected
official is entitled to hold that office without any restrictions. State v. Magie, 183 Minn. 60, 63-
64 (Minn. 1931). Furthermore, under the First Amendment, a council member’s speech (which
is considered highly protected political speech) also may not be restricted. Goward v. City of
Minneapolis, 456 N.W.2d 460, 464 (Minn. Ct. App. 1990).
483044v1 SJS LA515-1 2
Based on the above, if Council Member Bloyer violates the restrictions that have been
imposed on him, the City will not have a legal basis to be able to enforce them. Because there is
no legal basis for the City to be able to enforce the restrictions against Council Member Bloyer,
it is my recommendation that they be removed.
Please contact me if you have any questions regarding this information.