The Fargo City Commission voted down a proposal to add an agenda item about a city employee’s social‑media post and related staff safety concerns, and city leaders said the personnel matter will follow Human Resources and civil‑service procedures.
Commissioner Turnberg asked to add an agenda item titled "social media post, city policy, and staff feeling unsafe." That proposed amendment failed on a roll‑call vote. Commissioners debating the amendment differed over whether the commission could take direct personnel action. Commissioner Kolpak said governance policies limit the commission’s direct oversight of city employees to the city administrator, and that personnel issues typically follow established administrative protocols. Administrator Mike Reitinger said HR and administration are meeting with the employee and that the employee “pulled down the post within 5 minutes of the post. He regrets it, obviously,” and that HR procedures will be followed.
City Attorney Nancy Morris told the commission she had advised them about recent case law and First Amendment implications. She informed commissioners of an Eighth Circuit decision involving a Facebook post by a firefighter (discussed in the meeting as Melton v., involving a city of Forest City matter) and warned that public‑employee social‑media restrictions can raise constitutional issues.
Other commissioners pushed for transparency and discussion; Commissioner Turnberg said, “I believe this deserves some discussion. I believe it deserves transparency,” and argued the public should hear about the matter. Opposing commissioners cautioned against treating the dais as a personnel forum and urged deference to the HR process. The mayor and several commissioners said HR and administration will complete an inquiry and report back with recommendations; the commission itself will not bypass civil‑service or HR procedures to discipline or fire employees.
What happens next: Administrator Reitinger and HR will continue their review and make recommendations to the hiring authority as appropriate under civil‑service rules. The city attorney’s office advised the commission about legal limits on disciplining employees and the First Amendment considerations that can affect personnel decisions involving social‑media speech.
Ending: the commission rejected adding the item to the agenda and directed staff to follow HR and civil‑service protocols; the city attorney’s memo and civil‑service rules will govern any subsequent action.