Free Speech vs City Charter

[GovtIssue]

What is the name of your state (only U.S. law)? Texas

Here is the Charter:
Sec. 11.04. Lobbying by former officials.
No former officer of the City shall knowingly represent or appear on behalf of the private interest of others before the Council, the board, commission or committee of which the officer formerly served, for at least six (6) months after the officer ends his association or service with the City.

Question:
For former councilmen are their rights to free speech legally curtailed during this 6th month period. As a citizen of the city, does this stop a former councilman from filling out a Citizens request to speak and addressing his city council on any issue? Does this not deny his right to address his governing body.

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

Here is the Charter:
Sec. 11.04. Lobbying by former officials.
No former officer of the City shall knowingly represent or appear on behalf of the private interest of others before the Council, the board, commission or committee of which the officer formerly served, for at least six (6) months after the officer ends his association or service with the City.

Question:
For former councilmen are their rights to free speech legally curtailed during this 6th month period. As a citizen of the city, does this stop a former councilman from filling out a Citizens request to speak and addressing his city council on any issue? Does this not deny his right to address his governing body.

It would depend on what the matter was...

This section appears to try to prevent lobbying by a recently separated members of the council.

 

[HomeGuru]

OP, what are the specific circumstances?

 

[Some Random Guy]

For former councilmen are their rights to free speech legally curtailed during this 6th month period.

Personal free speech is different than commercial free speech. You will notice that the law prohibits their speech during representation of others, not when they are speaking solely for themselves.

 

[GovtIssue]

OP, what are the specific circumstances?

Specifics are this: Councilman leaves office in May. In July the city Parks and Rec department puts forth a budget requesting money to fund a Salute to Veterans on Veteran's Day. The Councilman is Commander of the local American Legion post and gets up during citizen input (the city requires any speaker to fill out a request to speak and the mayor controls that right to speak) after the Mayor called on him to speak.
The former councilman did not request any money, only voiced support for this event as our veterans are an important part of the community.

Neither the city attorney, city manager, mayor or any councilman objected to the comments by the former councilman.

 

[Some Random Guy]

OK, so based on those circumstances, what is the issue?

The former councilman, presumably not acting on behalf of anyone, spoke up during a public meeting. Where's the problem?

 

[GovtIssue]

OK, so based on those circumstances, what is the issue?

The former councilman, presumably not acting on behalf of anyone, spoke up during a public meeting. Where's the problem?

I agree with your reply. Its hard to find an issue here but the Mayor has sent out emails that the former councilman violated the charter by talking to the city council within the 6 month limit. A political attempt to discredit the former councilman who is running for Mayor. (Polls show former councilman will win)
I do not see the actions of the councilman as being that of a "lobbyist". So this section would not apply.

 

[Zigner]

I agree with your reply. Its hard to find an issue here but the Mayor has sent out emails that the former councilman violated the charter by talking to the city council within the 6 month limit. A political attempt to discredit the former councilman who is running for Mayor. (Polls show former councilman will win)
I do not see the actions of the councilman as being that of a "lobbyist". So this section would not apply.

Good - then you are an informed participant in the democratic process. Congratulations!

 

[HomeGuru]

Good - then you are an informed participant in the democratic process. Congratulations!

**A: Amen to that.

 

[easeoff]

boo hiss, and shame on you, current mayor

What is the name of your state (only U.S. law)? Texas

Here is the Charter:
Sec. 11.04. Lobbying by former officials.
No former officer of the City shall knowingly represent or appear on behalf of the private interest of others

hello GovtIssue,

in your charter above, sec 11.04 spells out the circumstance of accomodating the private interest of OTHERS

and given what the former councilman is attempting to do, SALUTE VETERANS, [not conspiring to bomb gov't buildings], the mayor is talking 'out his arse'.

my vote goes to the former councilman

 

[HomeGuru]

Is there an online voting section on this website?