Hempstead Councilman Accuses Supervisor Of Stifling Free Speech

Claiming that Town Supervisor Laura Gillen was trying to stifle free speech, Hempstead Town Councilman Anthony D'Esposito announced that he was proposing a special clause to the town's ethics legislation to prevent such actions in the future.

D'Esposito's proposal would prohibit any elected official of the town, or people who work for them, from retaliating against a vendor, employee, consultant or staff member for any comments they made critical of the town or its officials.

The action was prompted after D'Esposito said he was shown a memo that seemed to indicate that Gillen contacted a town contractor to silence an employee who was critical of her and her administration's handling of the animal shelter. D'Esposito said he also referred the matter to the town attorney for review.

“Nobody should be intimidated by an elected town official or our governmental staff when it comes to free speech,” said D’Esposito. “It is sad that it is necessary to require a provision to prohibit town elected and other officials from taking actions in order to silence critics. Such actions are highly inappropriate and cannot be tolerated.”

In the memo, which was sent to the employee of a town contractor last July, the employers said that disparaging statements about the town are against their business interests.

"The Town Supervisor, Laura Gillen, has reached out to the firm regarding certain disparaging remarks that you ahve directed at and communicated to her in person or through the internet," the memo reads. "We understand your passion for animal rights, but your statements have jeopardized our business relationship with our client, the Town of Hempstead."

The memo then goes on to tell the employee that they must cease any "disparaging communications" with Town of Hempstead officials, can not post disparaging remarks to social media or make any public disparaging comments, including repeating or sharing comments made by others. If they violated the memo, the employee faced disciplinary action, including being fired.

The supervisor alone does not have the authority to cancel any contracts. To do so would require a vote of the Board of Trustees.

“It is disgraceful that any individual would feel threatened for merely exercising his or her right to free speech,” D’Esposito said. “I am supporting a strong ethics code so that no person who interacts with a town official will feel threatened, intimidated or otherwise inhibited from exercising his or her right to free speech.”

D'Esposito said that violations of his proposed ethics code would be referred to the town’s Ethics Board for review and possible action. Such actions could include a recommendation of an investigation by the Town Attorney’s Office, the calling for a special prosecutor, a complaint being filed with the Nassau County District Attorney’s Office, a complaint to the New York State Attorney General’s Office or any other appropriate agency or authority, and more.

Gillen's office was unable to comment at this time.