off the streets of district of columbia and the window office that senator thought he was he had his you placed by not your office but he'll office in the basement right next to the boiler and the person goes to the majority unrelated to the position of supervisor of middle smithfield township that help you is that  wishes but there is also a freedom of speech in the united states senate the analogy that i would like to draw is a little closer to home in my ms far away grant that in delaware it is permissible for a member of the legislator or also to be a state employee and according  to a volume on delaware government in one nine hundred ninety six fifty six percent of delaware legislators were also state or local employees in delaware thirty five of sixty two legislators fifteen in education does it sound right that the delaware teacher can lose her job because of speech offensive to some in her capacity as a legislator on issues of public concern do we want professors at the university of delaware do we want  persons who are performing jobs at the motor vehicles bureau to be able to lose their jobs because of what they say in their capacity as and their total of eighteen some of them have restrictions some states provide that if you held the job before you became a legislator and  this case by the way is on all fours with a case that was decided by this court back in ninety five called squires versus bonds or which was distinguished and were kaiser widen because the he's doing it a member of the board of publicly we convene meetings of the board of supervisors and the comments he's making has nothing to do with the roads department it has to do with  other levels of administration within the township and the nature of the criticism was that job which was previously done by one person was now  being done or at least paid for three times and that an individual who was doing the work parent lea namely  newly created position of township manager that the selection of this person was handled in an irregular way the position wasn't posted the gentleman  came aboard as a kind of an interim worker when the supervisor who was doing that work became ill and he just stayed on without any normal posting of the position and job search for the best person said nothing to do with the roads department it was a matter concerning to citizens who point is this is a hybrid position the pennsylvania legislature has broken down townships in pennsylvania we the position of supervisor slash roadmaster because these are small town ships pennsylvania legislature only and second class townships have allowed the elected supervisors to to work both as a legislator and hold this job as a roadmaster they don't have to that the township could make the choice the to hire somebody outside of the political realm but as just to put a point to in the opinion mr work kaiser received this position as roadmaster through the political process he was elected in two thousand and eight and he became majority and he overthrew the minority member who at that point in time was a roadmaster that person lost her job mr work hisor obtained his job through the political process pennsylvania requires this position this is not a position that continues from year to year from day to day it has to be reapproved every year at three organization meeting which size of second class township they tend to be smaller they tend to be rural they don't tend to have the resources to hire professional people to do these jobs they tend to have the people who are closest on the ground the supervisor sort of doing a little bit of everything so the fact is as a supervisor and his speech was bade in his capacity his or by their complaining that he criticised the majority members of the board they shouldn't have hired this deposition there he didn't write letters to the editor he didn't blog he didn't go on the news that the speech here is entirely confined to his sitting at the podium does not have to appear in front of the school board every year and argue for their reappointment a school teacher doesn't have to hope that their particular party gets reelected at the in november so that they will retain that position the roadmaster has to appear in january of every year and the majority has to say you're going to stay as roadmaster or we're going to give the roadmaster job to a supporter are going to give it to the chairman of the board absolutely because it's a political position and because it's a political position yet they can give it to their to their president all that's one of mr work kaiser's complaints in this case is supervisor bangle wasn't as qualified or wasn't qualified at all the hold the position but there's plenty of road masters in pennsylvania that aren't qualified for the position other than through politics there's a lot of people that are employed in government jobs that they get their jobs because of politics and firm but even if you think are said it doesn't apply to elected officials it's still not constitutionally protected because based on what this court said in work highs are one as well as what bloodthirsty but these political disputes do not receive constitutional protection he is free as a supervisor to criticize has and bangle till his term is up he can do it every day at every meeting and they can't do anything about his elected position that is the line he he has to be and allowed at the meetings he has to be allowed to vote from the record the only two only three people have served as the roadmaster in the record have all been supervisors i can't say beyond those last three people were all supervisor recollection was a significant period he was a supervisor he was a supervisor too and yes and that's what and that was something that just a kudo i talked about in his opinion is this notion that mr work hisor obtain this position through the political process and you can't then complain that you're going to lose your position through the political process he became the majority he got rid of the the roadmaster that he didn't like he became the minority the majority got rid of him that's politics and this court in zero lake talked about you know ultimately it's the ballot box that is the remedy for this dispute in fact that's what happened in pocono township the citizens throughout the entire government they changed from a second class to a first class township so that there would never be an issue again as to a elected official having any of papers issued with the position they're supposed to hire professionals and it was at the time of the retaliation subsequent to that that the first election after this occurred the voters switched from a second class and it's a purely a a referendum it can't be done by the supervisors them selves the voters change from a second class to a first class because in fact it's no longer the roadmaster positions only recognized in the second class township code it is now a director of public works it's more of along the lines of a professional like you would see in the city of philadelphia in the streets department somebody that reports to the township administrator and that's also the issue here with regard to mr work hisor when he's serving as the roadmaster he's reporting to the majority of the board he's actually reporting to himself as well but he reports to each of the members of the board and so when you look back at garside even garcelle he talks about both the official duties task but they also talk about the the in speaking as one voice in terms of a governmental body the fact is to have the roadmaster who is an employee criticising the township administrator and criticising the supervisors that creates disharmony and so they are allowed to put somebody in that position that they think will follow their their leader least the majority members of the this position has to be really approved in the political process every year if you didn't expect to lose the job because of the political process the legislature wouldn't have done it they would have given the person tenure or they would have continue as a normal at will employee but they have to step up to the plate every year and be subjected to the to the political process and the whims of whoever at that point in time hold the majority a seat in that legislative body kaiser's job as roadmaster was wholly unrelated to his position as an elected official m not been a member of that i don't know that there is any record on that subject your honor a lot of what i just heard in the anybody who people report to the board of supervisors the board of supervisors is the boss the governing authority so that isn't going to work out very well but in a township think he has been elected and elected elected four times and he is there is no board of supervisors as council said he is a commissioner one of the five commissioners he was which allowed him to operate sophisticated complicated machinery and he was doing a good job as a rogue pastor and as i in my opening argument what he was talking about the cousin be fired had nothing to do with however he was running the road department or anything how can relate it to the road apart but i did being fire