Constitutional Law — freedom of speech — public employees

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United States Court of Appeals For the Seventh Circuit

Civil

Constitutional Law — freedom of speech — public employees

An executive coordinator to a village manager is in a policymaking position and can be terminated for political reasons.

“Elrod and its successors say that politics is an appropriate ground of decision for policymaking and confidential positions. We understand ‘confidential’ positions to include those in the policymaker’s immediate office— not only those who hear confidences (such as the policymaker’s secretary or executive assistant) but also the persons responsible for recommending and implementing the policies. See Faughender v. North Olmstead, 927 F.2d 909, 913–14 (6th Cir. 1991) (mayor’s secretary is a “confidential” position); Soderbeck v. Burnett County, 752 F.2d 285, 288 (7th Cir. 1985) (‘you cannot run a government with officials who are forced to keep political enemies as their confidential secretaries’). An Executive Coordinator who reports directly to, and works closely with, a policymaker such as the Village Manager is properly classified as a ‘confidential’ employee who may be hired and fired on account of politics—or friendship. No matter what one makes of associational rights, friendship cannot have greater status than political speech.”

Affirmed.

11-1096 Benedix v. Village of Hanover Park

Appeal from the United States District Court for the Northern District of Illinois, Leinenweber, J., Easterbrook, J.