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Conference committee narrows bill language on public-employee speech but senators warn of chilling effect
Summary
The committee agreed to wording changes intended to clarify which bodies appoint public employees and to replace undefined terms, but some senators urged holding the Senate position, saying the bill could deter public employees from speaking in their official capacity.
A legislative committee of conference on Thursday agreed to tighten language in a house-amended bill concerning public employees and political activity, replacing the phrase “legislative body” with “governing body” and substituting the undefined term “measure” with the statutorily defined term “warrant article.”
Committee members said the edit corrects drafting imprecision: select boards and other governing bodies, not a generic “legislative body,” appoint public employees under existing law. The change was proposed on amendment number 2798 and accepted in committee.
Why it matters: The bill seeks to limit certain political activity by public employees while preserving their ability to provide factual information in their official roles. Critics said the proposed language remains ambiguous and could chill legitimate, nonpartisan participation by teachers, police chiefs and other public employees.
Senator Parker said she would hold the Senate position on the bill, arguing the current law already permits public employees to fulfill official duties and participate in decisions that affect them. “Do we need this bill? Is this going to have a chilling effect on our public employees?” Parker asked, saying the language could create uncertainty for teachers discussing current elections in a civics classroom or for public safety officials offering expertise on security decisions.
Senator Perkins offered a constructive amendment proposal for section f of the bill. Perkins asked the committee to remove the phrase “in response to requests from the public” so that public employees who are speaking within their official function could provide information proactively without needing a formal public request. Perkins said the goal was to ensure officials who “are experts in their field” can speak to matters within their official duties.
The committee discussed whether the proposed edits would change the substantive effect of the law or merely clarify terminology. Members agreed the two word changes would be grammatical clarifications that align the bill with existing statutory definitions.
Votes and procedure: The transcript records brief polling and discussion; the house accepted the proposed wording changes and the committee prepared the written amendments for signatures. Senator Parker reiterated a preference to hold the Senate position on the underlying bill, citing concerns about voter access and recent election-law changes already adopted elsewhere.
No final statutory text or enforcement mechanisms were set in the meeting; committee members said they would circulate the written amendment for signature and noted further review was possible.
