Lombardi puts a gag on city employees
Apr. 24—Mayor John Lombardi III this week issued a written directive to all city employees to refrain from contact with the press.
The full text of the undated directive, a copy of which was shared with the Union-Sun & Journal late Tuesday, is:
"DIRECTIVE TO ALL DEPARTMENTS
Absolutely No One working for City Hall is to talk to The Media in any form
—Newspaper
—Television
—Radio
From this point moving forwards; All questions presented to you by the media Must be directed to my office!
Sincerely yours,
John Lombardi III, Mayor"
On Wednesday, the US&J attempted contact with every city department head, to ask about the directive. City Clerk Sarah Lanzo, who also is the city's Records Access Officer, Finance Director Daniel Cavallari, Personnel Director Mary Pat Filbert and Fire Chief Luca Quagliano all told this reporter that they were unable to talk about it, and directed any questions to Lombardi's office.
Chief Building Inspector Jason Dool, who also is president of the city departments heads' union, said if a member of the press has questions about the union, he will answer them, but any questions about city business related to the building inspection department have to be posed to Lombardi.
Police Chief Steven Abbott said his department is "different" and he will continue to field and answer questions from the press. "We need to be transparent to the public," he said.
Heather Peck, director of planning and development, as well as president and CEO of Greater Lockport Development Corporation, said she can speak for GLDC, but not city planning and development.
Not responding to the US&J's inquiry were: department heads Sue Mawhiney, the elected city treasurer; David Blackley, corporation counsel; Clayton Dimmick, director of highways, parks and water distribution; and Tracy Farrell, assessor.
Later Wednesday, Lombardi told the US&J that his directive is "temporary" and does not apply to the police and fire departments.
Asked why he imposed a gag order on employees, he said some department heads don't know the "processes" of dealing with the press. "I got a few guys ... we'll be training them."
Pressed to define "temporary," Lombardi did not, and asserted, "I can do what I want with my department heads."
The US&J reached out to the New York Coalition for Open Government for feedback on the viability of Lombardi's order. Founder Paul Wolf referred the newspaper to the Brechner Center for the Advancement of the First Amendment at the University of Florida, which specializes in issues related to free speech and freedom of information.
In an October 2019 report on why whistleblowing is constitutionally protected, the Brechner Center noted: "Decades' worth of First Amendment caselaw establishes that public employees have a constitutionally protected right to speak about work-related matters without needing their employer's permission. Policies and regulations that require pre-approval before government employees can discuss their work with the news media are invariably struck down as unconstitutional when challenged."
Brechner Center director David Cuilier suggested Lombardi's order puts Lockport city taxpayers at risk.
"Mayor Lombardi has not done his legal research and is putting the city at risk of paying out hundreds of thousands of dollars in wasted settlement and legal fees," he said.
Cuilier referenced the newly announced settlement of a federal First Amendment lawsuit in Allegheny County, Pennsylvania, where a jail superintendent's gag order on employees was found to have violated their rights. As part of the settlement, Cuilier said, the county agreed to adopt new policies recognizing the employees' right to speak up about injustice and abuse in the jail.
Cuilier denounced Lombardi's gag order on city employees.
"This is unconstitutional and against everything America stands for. If Lombardi wants to have his head on a pike, he should continue this. If not, he should think of changing his policies," Cuilier said.
