Infringements of these rights are occurring all around, so much so that a new term has arose: SLAPP. This is an acronym which stands for Strategic Lawsuit Against Public Participation. When people want to stifle public discourse, many resort to filing lawsuits against those who speak out. Both the government and the business sector are engaging in the filing of meritless defamation and tortious interference claims against individuals who have opposing viewpoints or adverse opinions. The adjudication of these claims often results in a dismissal on the merits, however the defendant faces intimidation and legal expenses along the way. Some defendants choose to simply retract the statements, rather than face a lengthy legal battle. These practices rightly bring outrage when it is a government entity using taxpayer funded attorneys to stifle a citizen’s first amendment rights.

Some legislators have responded by enacting Anti-SLAPP legislation, which would prohibit the filing of these frivolous claims. In an effort to protect free speech across the United States, H.R. 4364 is making its way through Congress. The goal: “To protect first amendment rights of petition and free speech by preventing States and the United States from allowing meritless lawsuits arising from acts in furtherance of those rights, commonly called “SLAPPs”, and for other purposes.” (H.R. 4364, 2009, Para. 1)

The bill would provide immunity from civil liability of any act of petitioning the government made without knowledge of falsity or reckless disregard of falsity. It also puts a burden on the plaintiff to prove knowledge of falsity or reckless disregard of falsity by clear and convincing evidence. The process to get these claims dismissed will be made easier and faster. In addition the bill allows for attorney’s fees to be awarded the defendant of the meritless claim and prevents the plaintiff from discharging in bankruptcy the fees and costs awarded to the defendant. (H.R. 4364, 2009)

H.R. 4364–111th Congress: Citizen Participation Act of 2009. (2009). In GovTrack.us (database of federal legislation). Retrieved June 10, 2010, from http://www.govtrack.us/congress/bill.xpd?bill=h111-4364

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Post from: Saundra McDavid

Anti-SLAPP Legislation

City of Eagle
660 E. Civic Lane
Eagle, ID 83616

Re: Mayoral Appointment

Dear Councilmen Huffaker, Shoushtarian, Semanko and Grasser:

I submit this application to you and the people of Eagle. Two years ago I stepped up to do my duty and serve our city. I have continued to speak out on important issues and I again am ready to do my part by serving as mayor of the city of Eagle. Leading our city requires excellent communication and leadership skills as well as a command of the pressing issues and familiarity with the unique challenges that our city has faced. Eagle needs a detail-oriented leader who has a rapport with the city council and community leaders, acknowledges our history, welcomes new ideas and embraces challenges by soliciting input from all who call Eagle home. I am that person.

Areas of strength that I feel are important in our mayor include:

Information Technology: Technology enables the city to work more efficiently. It is the foundation of our quest for transparency and a critical tool for all businesses. Having worked as both an e-commerce consultant and an IT executive managing a large staff and large budgets I have the experience Eagle needs to use information technology to its advantage. As a university professor of law, business, and technology, I teach our future business leaders how to gain efficiencies, disseminate and process information, and use project management tools and industry specific software to enhance their workplace. My background in this area will provide insight and support as we expand the city’s services.

Business knowledge: Attracting jobs to our city will require focusing on the needs of our business community and retaining and supporting companies of all sizes in our business districts. I look forward to working with the city staff, the chamber, and the urban renewal agency to achieve my goal of positioning Eagle as a business friendly community; one that values its businesses, entrepreneurs, and business leaders. Having won entrepreneurial awards, earned an MBA, advised many businesses, worked as a professor of business strategy and opened businesses of my own, I have experienced all aspects of a business. As mayor I will work to implement a new collaborative business incentive and mentorship program as part of Eagle’s new strategy to attract businesses and create jobs. I want to see a simplified permit process which saves time and money as entrepreneurs begin their dreams here in Eagle, Idaho.

Communications: As a public relations consultant and former public relations committee chair for a nonprofit I understand how important it is for the city to communicate with its citizens. We do not want an isolated city hall; it should portray an aura of inclusiveness and helpfulness and it should be welcoming to everyone in the community. As mayor I will take on the role of public relations officer. We need someone who has a working relationship with the media, is the enthusiastic champion of all things Eagle, and professionally and tactfully represents Eagle in public. As mayor I will be drafting press releases, working on web content, helping with marketing, appearing at social functions, articulating the issues affecting the city, attending committee meetings, and having an active and positive presence on and off camera. As the figurehead of the city I will highlight this wonderful city in which we live. We enjoy a town and country lifestyle, one that is relaxed, modern and elegant. This is what Eagle is and this is what I will promote.

Administration: As chief administrative officer, I will manage the affairs of the city and exercise the legal duties. I am ready and prepared for the responsibilities of the office. In a city run by ordinances my legal background will be beneficial. As mayor it will take creativity to continue providing amenities and city services with limited funds and I will work with and direct our talented city staff in identifying new low-cost opportunities that will benefit our city. As an administrator I will work on accurately forecasting and providing a long-term budget based on lower taxes and no debt. I will acknowledge and respect every tax dollar that is given to us from our citizens. As a problem solver, collaborating with my team, I will immediately commence working on this year’s budget, making certain that it plans for the future while ensuring the city continues to function despite declining revenues. My experience as an attorney, business owner and executive will enable me to carry out all these duties. I will work ceaselessly to bring the residents of the community together, promote transparency, submit a long-term budget and move our city forward. Working with you, the city council, I will continue your efforts to provide confidence and restore the trust in our city government. When differences arise I will use compromise and peace making skills to encourage thoughtful and respectful debate among those with opposing views, as we work efficiently toward a common sense and well-reasoned resolution. I will provide a solid plan for our future and will devote my focus and attention to the efficient and faithful discharge of the duties of the office of Mayor of this great city of Eagle, Idaho.

Combining all my strengths with my past experiences gives me the wisdom, foresight and unique ability to lead this city and tackle the tough decisions ahead. I will encourage everyone to participate in our city government and create a more inclusive community. Keeping an open mind, listening to the people, and leading with humility, dignity and grace, I believe I am the best person to serve as the representative of the people of Eagle.

For the city we all love.

Sincerely,

Saundra McDavid

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Post from: Saundra McDavid

Letter to the City

The timing of this comes at a critical time for a city which is continually reviewing cost cutting measures and some who would like to see the mayor’s position and salary cut back to part time. Bandy was a city councilman in 2007 when the Eagle city council voted to approve a dramatic increase in salary and a change from part time to full time for the mayor’s position. Shortly after that decision was made, Bandy announced he was running for mayor. During the campaign, when some of the mayoral candidates were claiming the mayor’s position was not about the salary and offered to decrease the amount, Bandy was justifying the salary claiming that the job required a full time person who would be putting in far more than 40 hours a week. After Bandy was elected, he stated that the job duties also required a full time assistant, who is now also on the city payroll. The yearly cost to Eagle taxpayers for the mayor and his full time assistant is now $146,732.

Now many are questioning how Eagle’s full time mayor, with a full time salary and a full time assistant, has time to work as an Associate Director at BSU. All of this while the city is experiencing staffing and budget cuts and is open only four days a week. Last year, amid these budget cuts, salary reductions and layoffs, the city council voted to decrease their salary by 50%. Mayor Bandy offered up a meager 2.5% cut for the mayor’s position while imposing a higher cut on the city staff salaries. Bandy’s new job leaves many people wondering if he is positioning himself for an exit from City Hall, at the expense of Eagle taxpayers. Moonlighting poses yet another ethical dilemma for Eagle’s mayor who will likely face increased scrutiny of the hours he dedicates to the city he is supposed to be running. He now owes the people of Eagle an explanation of how he intends to do two jobs at once, especially after he justified the increase in the mayor’s salary by stating the job required more than 40 hours a week. Are there safeguards that will assure the people that city hall property such as telephones, computers, copy machines and time are not being used for the mayor’s second job? There is a difference between having a full time job and having a full time commitment to a job. Can a moonlighting mayor claim he is committed full time to the citizens of Eagle?

Eagle residents have suggested that the city council revisit the decision to change the mayor’s position and compensation at the next budget cycle. Others have suggested that Eagle should not wait. The decision to lower the salary and revert the mayor’s position back to part time should occur now.

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Post from: Saundra McDavid

Eagle Mayor Phil Bandy takes position as Associate Director at BSU

In response to testimony by Eagle resident Patricia Minkiewicz in December, Mayor Bandy stated “Ma’m you are not a citizen of the City of Eagle and I get very tired of you coming in here and scolding us for doing things when you don’t have the ability to vote, you are not a citizen, you live in the area of impact, that is for granted, but Pat it gets a little tiresome to get scolded by someone who does not have the position or standing to do so.”

The First Amendment to the Constitution gives all of us the freedom of speech and the right to petition the government for a redress of grievances.   This right of petition allows all of us the ability to address our elected politicians on issues of misconduct, corruption, waste, incompetence, and generally the ability to vent our frustrations.

“A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.” Declaration of Independence, July 4^th, 1776

Is this tyrannical conduct by Eagle’s Mayor barreling out of control? If residents do not have the position or standing to admonish the mayor, then does the mayor believe that he is accountable to no one?

The only way to solve the problems our community is facing is by speaking openly about them, encouraging discourse and providing solutions.  Everyone has standing to address their concerns and should be encouraged to do so without having to face the wrath of a mayor who appears to have a problem with criticism.  Instead of resorting to ad hominem attacks and childish comments, Eagle’s Mayor needs to abandon the tyranny, step up and become a leader.   Perhaps the first step is an apology to the residents of Eagle’s area of impact.

The audio of the outbursts are:

Bandy_McDavid_01_26_10

Bandy_Minkiewicz_Dec09

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Post from: Saundra McDavid

A lesson in tyranny

Alarming is his view that to do nothing and allow something to happen affords him the right to deny responsibility. In four years as City Councilman and Mayor he has not made any noticeable effort to remedy this mess, until recently when it has become clear to everyone that there is overwhelming opposition to Eagle’s transgressions.  He ignored Councilman Shoushtarian’s requests to get an appraisal on the building and commence working on a solution to this problem that is “bleeding Eagle dry” as stated by Councilman Semanko.  He has sat day after day in Eagle’s multi-million dollar, gold lettered, palatial city hall and has approved the inflated rent checks to the landlord each year.

Most interesting is Mayor Bandy’s reaction to my public testimony Tuesday, when I mentioned that he was distancing himself from the decision.  This appears to be a hot button with him, as he broke from protocol, interrupted public testimony and was disrespectful to those who were making observations and providing suggestions.   Luckily the boy scouts who were observing the meeting had left before this outburst.  It truly was behavior unbecoming to a city leader.

Along those same lines, on Tuesday we heard Councilman Huffaker request that the public stop writing editorials when they have a concern about city affairs, along with a suggestion to the press to stop publishing the editorials.  According to Councilman Huffaker, public discourse is not helpful.  If you are reading this, it appears as if the First Amendment has prevailed.

We also heard Councilman Semanko claiming that a legitimate question on whether the mayor has the right to break a tie vote on an appointment was merely people playing politics.  This tactic is a logical fallacy called attacking the motive; where people choose to attack the motive of the person making the statement, instead of addressing the issue at hand.  Semanko claimed he did not run for office to be in politics; a surprising statement from the chairman of the Idaho Republican Party.  He clearly gave the impression that anyone questioning whether the city administration is acting legally is not acting in the best interest of the city.  These are interesting comments from someone who ran on a platform of transparency.

In spite of the attempts by some to thwart public testimony and subvert the first amendment the outcome of Tuesday’s meeting was a victory for all.   As a result of overwhelming opposition, the city conceded that mistakes had been made and remedied the situation.  The task force is moving ahead, now with ample resources to do the job.

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Mayor Bandy’s e-mail:

January 26, 2009

Ms. McDavid – as a follow up to your most recent article in the Valley times, provided below a brief timeline regarding my tenure with the City of Eagle vis-à-vis Eagle City Hall:

City Hall Timeline:

March through May 2000 – City Facilities Assessment Commission created and members appointed

January 2002 – I was appointed to the Planning and Zoning Commission.  I served as Planning and Zoning Commissioner through December 2005

February 2005 – Council approved Request for Proposal (RFP) for Building Construction

May 2005 – Interviews conducted with developers

May 2005 – City entered into the first basic lease agreement with Hawkins-Smith

January 2006 – I was sworn into office as City Councilman

January 2008 – I was sworn into office as Mayor

As such, contrary to your assertion that,

“Several years ago, using questionable legal reasoning to justify subverting the will of the people who three times voted “no” on a bond to purchase a new City Hall building, Phil Bandy, then City Council member, approved entering a one-year lease for a building which was constructed on land owned by the city; said lease to be renewable for fifty years in a row.”

“All options should be on the table to fix a problem created by Mayor Bandy and previous city leaders.”

I was not involved in the facilities assessment commission, as a Planning and Zoning Commissioner I was not involved in the development of the building construction RFP, I did not participate in interviews with potential developers, I did not participate in the decision to retain Hawkins-Smith, and, I had no part in the leasing decision.

Although I agree all options should be on the table and the issue needs to be addressed as soon as practicable, the problem at hand is not one of my creation.

Regards,

Phil

Phil Bandy, Mayor
City of Eagle, Idaho

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Sounds like everyone is jumping off the “city hall” ship.  Mayor Bandy is the last of the “old-guard” who was responsible for steering this ship into deep water.  From his statements it appears he too has jumped off.  So, who is left at the wheel?

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Post from: Saundra McDavid

Push Back from City Hall