Representing Governmental Clients
Michael Kenneally, Chair of the Local and State Government Law Section, writes: Municipal practitioners require the nimbleness to seamlessly transition between various areas of expertise, often during the same board meeting.
January 17, 2023 at 09:09 AM
4 minute read
Bar AssociationsThe representation of governmental clients often presents new and unique questions. The arrival of "First Amendment Audits" throughout the state this past year provides a prime example of the challenges municipal attorneys encounter. For the uninitiated, social activists, armed with smartphones and streaming platforms, took it upon themselves to audit their First Amendment rights (as they understood them) by entering a town, city or village hall and interacting with various personnel, recording the interactions as they go along. Many included verbal requests for names, titles and salaries of the officer or employee they were speaking with as they undertook a self-guided tour through the public areas of the municipal office. While for the most part innocuous, some encounters became confrontational as the activist tried to enter non-public forums or requested information that was not subject to disclosure. As these encounters are unannounced, these audits turn into a pop quiz on the bounds of the First Amendment and the Freedom of Information Law for municipal attorneys.
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