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HomeMy WebLinkAbout11-17-25 Public Comment - R. Blank - Proposed Study Commission By Law Amendment - Public CommentFrom:Roger BlankTo:Bozeman Goverment Study CommissionSubject:[EXTERNAL]Proposed Study Commission By Law Amendment - Public Comment Date:Monday, November 17, 2025 12:55:48 PM Attachments:Bond v Floyd.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Charter Study Commissioners, I hope this email finds you all well. I write this to you all as a former Study Commissioner candidate and engaged member of the public in your mission toanalyze and where necessary, in response to public opinion, propose changes to our Charter. As a member of the public I want to hear from all of you. I want tohear your opinions on how the work of the Study Commission is progressing, what you may agree with as well as what you may disagree with. The Good, theBad and the Ugly; and in as unfiltered a manner as you each may feel comfortable. But the operative words being how you each feel comfortable in the mannerof how you inform the public on the Study Commission’s work that fits your preference; without restriction or mandates of specific manner. Sincecommunication with the public is very much an individual matter, you all may feel comfortable at different levels of communication. I respect that individualitybut believe the proposed By Law does not. I respectfully request that the proposed changes to the By Laws, other than when a Study Commissioner discloses thatthe opinions expressed are their own, not be adopted due to their chilling of speech between yourselves and the public. I believe that the above disclaimer issufficient to address any public disclosure issues that may confront the Commission. As I’ve stated above, as elected Study Commissioners, your opinions matterto the public and I for one want to hear them and know that our Commissioners are not being restricted in the manner of which you inform the public; which Ibelieve the proposed By Law amendment does. Beyond this free exchange of ideas and opinions which I believe should be both supported and protected by theStudy Commissioners, I submit to you that the proposed By Law Amendment, other than the disclaimer, is not necessary and would stifle the free exchange ofideas and opinions in a manner that violates United States Supreme Court precedent, the Montana State Constitution and the public policy of open andtransparent government with the free exchange of opinions and ideas. In consideration of the proposed amendment to the Study Commission's By Laws, I respectfully request that you and the other Commissioners consider thefollowing: SCOTUS Case of Bond v. Floyd (attached for your review) which held: "The State may not apply to a legislator a First Amendment standard stricter than that applicable to a private citizen." Pp. 132-133. "The manifest function of the First Amendment in a representative government requires that legislators be given the widest latitude to express their views on issuesof policy. The central commitment of the First Amendment, as summarized in the opinion of the Court in New York Times Co. v. Sullivan,376 U. S. 254, 270 (1964), is that "debate on public issues should be uninhibited, robust, and wide-open.” at 135-136 "The interest of the public in hearing all sides of a public issue is hardly advanced by extending more protectionto citizen-critics than to legislators. Legislators have an obligation to take positions on controversial political questions so that their constituents can be fullyinformed by them,...also so they may be represented in governmental debates by the person they have elected to represent them." At 136-137 Additionally, from the Montana Constitution, specifically Article II, Section 7: Section 7. FREEDOM OF SPEECH, EXPRESSION, AND PRESS. No law shall be passed impairing the freedom of speech or expression. Every person shall befree to speak or publish whatever he will on any subject, being responsible for all abuse of that liberty. In all suits and prosecutions for libel or slander the truththereof may be given in evidence; and the jury, under the direction of the court, shall determine the law and the facts. (Underline added by undersigned) I believe and I hope you all concur that the proposed By Law changes, that prevent a sitting Commissioner from using their title and either requiring pre-and/orpost reporting or in the alternative a second Commissioner be present when giving a public statement regarding their work on the Commission, runs afoul of bothSCOTUS precedent and the Montana Constitution. Although, a government Commission By Law is not a law passed by the legislature, it nonetheless is a rule ofoperation controlling an elected public Commission, that if it runs afoul of SCOTUS precedent and/or the Montana Constitution, as well as the public policy ofopen and transparent government, can be struck down by the courts. As I discussed during public comment I don’t think it is a restriction to require aCommissioner to issue a disclaimer to state that the views expressed are their own, but I do feel the additional proposed amendment provisions run afoul of theabove case law, Article II, Section 7 of the Montana Constitution and the public policy of open and transparent government. Thank you all for your time and consideration of this matter. I value each of your efforts as Commissioners working on behalf of the public and each of youropinions and look forward to hearing your individual thoughts in an unrestricted manner, as the work of the Study Commission continues. Thank you for yourservice to our community. Best regards,Roger This e-mail was sent from my iphone as I am currently away from my office. Please excuse any typing and/or spelling errors. Best regards,Roger BlankBlank Law, P.C.*2201 Baxter Lane, Suite 10295Bozeman, Montana 59718-9998 Cell: 1-406-613-9225RogerBlankEsq@mac.com *Admitted before the courts of New York, Southern and Eastern Federal Districts of New York and The Supreme Court of the United States. IMPORTANT: The information contained in this e-mail/fax message (including any attachments) is covered by the Electronic Communications Privacy Act, 18U.S.C. §2510-§2521 and is legally privileged and confidential. It may contain what constitutes attorney work product. If you received this email/fax in error orare not the intended recipient, please notify the sender and destroy all copies in your possession including any copies stored on your local server(s) or server(s)under your control.