Mediaboss Marketing

CHRIS DUNKER Lincoln Journal Star

A board member on the Lower Elkhorn Natural Resources District is suing her colleagues in federal court for leveling sanctions against her after she criticized the behavior of another director earlier this year.

Melissa Temple, who won election to represent eastern Norfolk on the 15-member board in 2022, was removed from her subcommittee assignments and barred from being reimbursed for travel expenses by a majority of the board in August.

On Tuesday, Temple sued the board in U.S. District Court in Lincoln for violating her First Amendment right to free speech, claiming that the resolution adopted by the board prevents her from doing her duties as a duly-elected board member.

I cant fully do my job or advocate for the public good or protect my constituents if my free speech is sanctioned, Temple said in a phone interview.

The lawsuit, the first filed by the Nebraska College of Laws First Amendment Clinic, also seeks a preliminary injunction to suspend the punishments against Temple until the case is resolved.

According to the complaint, Temple said she witnessed another member of the Board of Directors Scott Clausen interrupt and make condescending comments to a local business executive during the public comment portion of the boards meeting.

Clausens comments were allegedly made after an email from the boards chairman asked directors to listen respectfully when the public is able to address the board.

The lawsuit also accuses Clausen of making derogatory remarks about Temple in the presence of other directors and staff during a public board meeting, including saying she was not smart enough to be on a proposed committee.

Clausen also allegedly asked why the board was concerned about nitrates in drinking water a growing public health concern in Nebraska and other agricultural states if it was just affecting women and children.

Temple filed a formal complaint against Clausen with the board chairman in line with the NRDs bylaws, and later spoke to reporters who had obtained a copy of the document through a public records request.

An investigation into the complaint by the boards executive committee ended inconclusively, and a short time later, Clausen filed his own complaint against Temple claiming her allegations against him were false and part of an effort to defame him, the lawsuit states.

While Clausens complaint was being investigated, Temple told local media outlets she believed the process was biased and unfair and would result in a loss of accountability for the board.

In July, the executive committee ended its investigation with a finding that Temple had violated the code of decorum by failing to serve as a model of leadership and civility by sharing details of the investigation, including accusations of misogyny against other directors.

After the investigation, the board later scheduled a vote on four proposed sanctions public reprimand, removal from all subcommittees for a year, suspension of the right to make motions for a year, and barring reimbursement for NRD-related travel for a special meeting in August when Temple was going to be absent.

More than 60 people spoke during the special meeting in support of Temple, asking directors not to censure her. Following a closed session, the board approved a resolution with three of the four sanctions. The penalty that would have prevented Temple from making motions for a year was removed.

The punishments leveled at Temple prevent her from participating in much of the boards work, according to the lawsuit, which states a significant amount of Lower Elkhorn Natural Resources District business takes place at the subcommittee level.

Temples attorneys cite a 2022 case decided by the U.S. Supreme Court that found a member of a community college board had his First Amendment rights violated when a majority of the board adopted a resolution to censure him.

Justices found the sanctions imposed by the board violated the members First Amendment rights by preventing him from doing his job and denying him any privilege of office.

The complaint also says that stripping Temple of her ability to seek NRD-related travel expenses ran counter to state law, which says board members shall be reimbursed for any costs incurred through their duties.

Temple said that action has prevented her from obtaining reimbursement to the Nebraska Natural Resource Districts annual conference in September, and will prevent her from attending conferences and trainings on behalf of her constituents and the district.

The lawsuit accuses the Lower Norfolk Natural Resources District of retaliating against Temple for engaging in protected speech, both in trying to address her concerns internally as well as in speaking about them publicly.

Like all elected officials, Temple has a right to speak freely on issues of governmental policy and concern, and her decision to speak with the Norfolk Daily News is therefore protected activity under the First Amendment, the lawsuit states.

The lawsuit seeks a declaration that the NRDs actions violated Temples First Amendment rights, as well as her rights to due process and equal protection under the Fifth and Fourteenth Amendments.

It also seeks a declaration that the actions taken at the special board meeting in August are void, an injunction against the sanctions from being enforced, as well as damages and attorneys fees.

I would like my rights as an elected official to be restored, Temple said. I want to be a fully functional board member, I want the voice of my constituents to be represented fully.

Sydney Hayes, assistant director of the First Amendment Clinic at the University of Nebraska-Lincoln, said the case was a good candidate to become the student-run law firms first effort.

The right to criticize public officials is so woven into the fabric of democracy and the First Amendment, and the fact that Director Temple was sanctioned for criticizing one of her colleagues that really is the only reason she was sanctioned is why we wanted to pursue this case, Hayes said.

Daniel Gutman, the director of the clinic, said that although the clinic filed the lawsuit and represents Temple, students wont join the law clinic until January. At that time, the third-year students will pick up and argue the case.

This is a core First Amendment issue and were a First Amendment Clinic, Gutman said. When this case came to us, it was important that we advocate for it.

Get local news delivered to your inbox!

Original post:
UNL's First Amendment Clinic files lawsuit on behalf of sanctioned ... - Grand Island Independent