January 2025 – Parks & Recreation - 31

as an employee on a matter of personal interest. "
As described by the court, Plaintiff had alleged she
was " preparing her department for the changing
needs of serving a diverse community, particularly
since the town offered no training or opportunities
for employees to discuss the changing racial dynamics
taking place across the country. "
Citing " protests, occurring across the country for racial
equity, " Plaintiff had further alleged that " diversity
and equity trainings began occurring instantly across
the country in public, private and educational settings. "
Having " personally attended such training sessions, "
Plaintiff had suggested sharing " this information with
department staff responsible for delivering in-person
and virtual services to the general public " :
She allegedly communicated to them her concerns
about equity in the town and nationwide, and " that
social equity was a major pillar and focus in the parks
and recreation profession nationally and statewide. " She
identified national publications promoting Diversity, Equity
and Inclusion best practices in how agencies interact
with their communities, and plaintiff allegedly communicated
this to her staff and management.
The federal district court found these facts were " not
alleged in the original complaint, " but gave rise in the
requested amended complaint to an inference that her
" speech involved a matter of public concern " that affected
" the social, political, or general well-being of the
community. "
As characterized by the court, Plaintiff's allegations
in the amended complaint established the plausibility
that " the public or the community is likely
to be truly concerned with or interested in the particular
expression " by Plaintiff. Accordingly, in the
opinion of the court, Plaintiff's allegations were
" not essentially a private matter between employer
and employee. " In making this determination, the
federal district court cited precedent from the U.S.
Supreme Court which had recognized the " right to
protest racial discrimination, a matter inherently of
public concern, is not forfeited by an employee's
choice of a private forum. "
Having found that Plaintiff was speaking " as a citizen
on a matter of public concern, rather than as an
employee on a matter of personal interest, " the federal
district court held Plaintiff had established the first element
in her First Amendment claim in her amended
complaint.
Having found that Plaintiff was speaking " as
a citizen on a matter of public concern, rather
than as an employee on a matter of personal
interest, " the federal district court held Plaintiff
had established the first element in her First
Amendment claim in her amended complaint.
Employee Interest in Expression
Proceeding to address the required " second element " in
Plaintiff's First Amendment claim, the federal district
court then considered whether " the employee's interest
in her expression outweighed the employer's interest in
providing effective and efficient services to the public. "
In so doing, the court noted " the government's burden
in justifying a particular discharge varies depending
upon the nature of the employee's expression. "
In this particular instance, the court found Plaintiff
had asserted " the town terminated her " for " attempting
to provide her staff with diversity and equity trainM.N.R.
MASTER
OF
NATURAL
Transform your career or embark
on a new path with the University
of Wisconsin-Stevens Point's 100%
online Master of Natural Resources
(MNR) program. Designed for busy
professionals like you, our non-thesis
degree offers:
* Convenient online learning at your own pace.
* Stackable certifications for a smooth start
* Competitive pricing for exceptional value.
* Expert instruction from industry leaders.
Take the next step in your career journey. Enroll
in our MNR program today and unlock your full
potential from the comfort of home.
RESOURCES IN
CONSERVATION
AND
LEADERSHIP
Call: 715-346-2069
Email: cnrmnr@uwsp.edu
" This program opened professional opportunities and gave me the
tools to succeed. I would not be in a Natural Resource Management
position without completing UWSP's MNR program. "
-Patrick, Cooperative Forestry Manager
PARK S ANDRECRE AT ION . OR G | J ANUAR Y 2 0 2 5 | Parks & Recreation
31
January 2025 – Parks & Recreation

Table of Contents for the Digital Edition of January 2025 – Parks & Recreation
