Ethics rules, speech and the limits of individual authority.
Esshaki Legal Media TeamCurrent as of September 2023
Elected officials operate under constraints that are frequently misunderstood by
newly elected members.
No individual authority. A council member acting alone has no authority to
direct staff, to commit the body, or to make promises. Authority is exercised
collectively at a meeting.
Open meetings. A quorum deliberating outside a noticed meeting violates the
statute, including through serial communications — a chain of individual
conversations or a reply-all email thread reaching a quorum.
Conflicts. Disclosure and abstention on matters in which the official has a
financial interest, directly or through family or business.
Confidentiality. Information received in closed session, and personal
information about employees and applicants.
Speech. Officials retain First Amendment rights and may criticize the body’s
decisions. They may not retaliate against citizens for criticism, and social
media accounts used for official purposes may be public forums where blocking
constituents is unconstitutional.
Records. Communications about public business are public records regardless
of the device or account used, which makes the use of personal email for public
business a recurring problem.
Training. Orientation covering these points at the start of each term is the
most effective preventive measure available.