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f <br /> Mayor Jerry Linke <br /> and City Concilmembers <br /> June 9, 1994 <br /> Page 2 <br /> participation on a matter before the city council for violating a council rule that <br /> prohibited impugning the motive of another councilmember's argument or vote. The <br /> court concluded that because the councilmember's statements were protected by the <br /> First Amendment, the council could not prohibit him from participating in the debate, <br /> discussion and vote on the matter. <br /> As proposed, the remedies for violation of the no-negative-comments rule would <br /> conflict with the principles established in the Kucinich decision. Therefore, if the <br /> council wishes to amend its rules of order, I recommend that the penalties be <br /> revised. Examples of permissible penalties range from the chair declaring the <br /> councilmember out of order to, in extreme situations, official reprimand by the city <br /> council. <br /> I would be happy to answer any further questions you may have on this matter. <br /> Sincerely, <br /> esW. Thomson <br /> JJT:jes <br /> cc: Samantha Orduno <br /> JJT71463 <br /> MU125-11 <br />