Gladwin mayor challenges gag clause in city administrator’s contract

The Mackinac Center Legal Foundation has issued a demand letter on behalf of Gladwin Mayor Sarah Kile challenging a contractual provision that restricts elected officials and city employees from criticizing the administrator.

The demand letter says that a certain clause in the the city administrator’s contract violates the First Amendment by limiting elected officials’ ability to speak openly to the public about the administrator’s job performance.

The clause states, “City officials, including elected council members, employees, and agents, shall refrain from making any public or private statement (written, spoken, or implied) that would reasonably be viewed as derogatory, false, defamatory, or professionally damaging to employee.” The restriction apparently applies to First Amendment speech — such as public comments during meetings and statements to the press — that would criticize a public official.

2026.07.27 Kile Demand Letter w Ex by mcclallen

“I didn’t run for office to stay silent when I see problems that affect our residents,” said Kile. “The people who elected me expect honesty about how their government is working and where it can improve. Open discussion — even when it’s uncomfortable — is essential for good governance. Taxpayer-funded contracts should never be used to discourage us from speaking candidly in order to serve those who elected us.”

The demand letter asks the city to revise the provision to uphold the First Amendment rights of its officials and employees, noting that the restriction interferes with elected officials’ ability to speak about issues that matter most to residents. These issues include government spending, administrative performance, service delivery, and how public employees are treated.

About 3,000 people live in the city.

The letter says the clause in the administrator’s contract confines Kile’s discussion of performance concerns to narrow channels, preventing the mayor from openly sharing important facts with the public.

“The First Amendment does not stop at the doors of city hall. Government cannot use taxpayer-funded contracts to silence elected officials who are trying to serve the people they represent,” said Steve Delie, senior attorney at the Mackinac Center Legal Foundation. “If government can suppress criticism through vague contractual restrictions, it sets a dangerous precedent that weakens accountability and deprives voters of information they need to evaluate their elected leaders. Public officials don't have to like criticism, but they can't use government power to suppress it.”

If the city does not address the concerns raised in the letter, Delie said, further legal action may follow.

The city of Gladwin did not responded to a request for comment.