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Article from January 28 2021...
Technological black-eye begs question who is in charge of the ongoing comedy of errors
By JOSH RESNEK https://everettleader.com/2021/01/28/failed-ectv-council-meeting-another-outrage/
By our count, Monday night’s council Zoom meeting was the sixth council meeting cut short by ECTV’s unexplainable inability to conduct an off-campus Zoom city council meeting from beginning to end.
EVERETT COURT CASE TV STATION
Decided May 1, 2003
https://caselaw.findlaw.com/us-1st-circuit/1137091.html
Rosenberg relies on Gierbolini Colón v. Aponte Roque, 666 F.Supp. 334 (D.P.R.1987), aff'd, 848 F.2d 331 (1st Cir.1988), to support his argument that the First Amendment does not permit political loyalty to be a job requirement for the head of a government-run media broadcasting station. Although the district court in Gierbolini-Colón stated that “[d]emocracy requires a robust and wide open discussion of all positions on the great issues of our day, and it is too important a task to let the government and the politicians who run it decide how and when those discussions may be heard, all at taxpayers' expense,” 666 F.Supp. at 339, we affirmed the case on different grounds, and did not address the issue of whether political affiliation was an appropriate qualification for the position of radio station Director. Gierbolini-Colón, 848 F.2d at 333 n. 3. Rosenberg's case is critically different because the Director's position in Gierbolini-Colón was a protected civil service position under the laws of Puerto Rico, terminable only for cause. Id. (“Puerto Rico itself, therefore, does not treat the position as one where a particular administration is entitled to insist on appointing someone with whom it has special affinity.”). Here, Rosenberg's position was not protected by the legislature, so Gierbolini-Colón is inapposite.
When we “weigh all relevant factors and make a common sense judgment in light of the fundamental purpose to be served,” we find that Rosenberg's position as Director of ECTV was one for which political affiliation is an appropriate requirement for effective performance. Jiménez Fuentes, 807 F.2d at 242. As such, Rosenberg's termination by the incoming mayor was permissible. Because there was no violation of Rosenberg's constitutional rights, neither Ragucci nor the City is liable under the First Amendment.
III. Conclusion
The decision of the district court is affirmed.
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