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Interview with Ex-City Employee Chris Borre: Violation of First Amendment Free Speech Rights

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Steve Mensing, Editor

♦This afternoon a former City of Salisbury employee and critic of the Salisbury government, Chris Borre visited with us at the Rowan Free Press.  We appreciate his stepping forward to inform us about what happened between himself and his former employers.  We also appreciate the numbers of Salisbury City employees, present and past, who came forward to talk with us at length and in some cases provide us documents concerning the City of Salisbury and its projects.  Because of these courageous city employees, concerned about mismanagement, corruption, and the survival of their very jobs, the RFP has eyes and ears in many city departments,  including the infamous city manager’s office.

We consider the current City of Salisbury’s government a rogue government hiding behind the cloak of feigned progressivism and in dire need of reform.  Salisbury’s government has attempted to suppress critical information and free speech, creating a wall of omissions and disinformation about itself and its projects.  Here, former City of Salisbury Water Treatment Plant Operator Chris Borre speaks up.

Steve Mensing:  Chris, could you tell us about yourself and your former position as a city employee?

Chris Borre: I’m originally from Nashville, Tennessee and moved to Kernersville, North Carolina when I was fourteen.  My family and I live now in Salisbury.  We enjoy hiking, backpacking, camping, visiting museums, and travel.  For the last five years, I worked for the city of Salisbury’s water treatment plant.  My job was to provide clean and safe water to the people of Salisbury.  I liked my job, and according to my evaluations I was good at my job and in no way deserved the demotion I received for speaking out about Salisbury’s government.  As a government employee, I am within my First Amendment rights to speak out.  My primary aspirations are to take care of my family and be happy.  My secondary aspirations are to continue to fight against repression wherever and whenever I can.

Steve Mensing:  Chris, I first noticed your activity  in Facebook commentaries on the Salisbury Post.  I recall you commenting about Fibrant, the city’s broadband service.  I remember commenting to my friend Jeff Morris that you were a city worker and would no doubt catch some flak from your employers over posting your comments.  I Facebook-messaged you, cautioning you to watch out because we knew the city was not open to any criticism of their “projects”.  A couple of weeks later, you stopped by my house and we discussed what was going on in the city.

So what happened after you started criticizing Fibrant?

Chris Borre: I got demoted by the city of Salisbury because I spoke out against Fibrant, the city’s fiber optic parasite. Fibrant is bankrupting the city. Fibrant is leading to the termination of many city workers and the visible breakdown in city services.  These job losses hurt many families, too.

Steve Mensing: Chris we’ve heard from many city employees and Fibrant people too that Fibrant was basically dead in the water since its “soft rollout” in 2010.  Going on its third year now, Fibrant is nowhere near signing up enough people to come close to breaking even or meeting its projections.  Fibrant spent all of its 33 million dollar certificates of participation prior to June 2011.  It ran out of money, drank freely from the city’s reserve funds, and even grabbed money out of the water and sewer funds of other municipalities in Rowan County.  Fibrant’s losses were huge and racked up multiple millions in debt. The city covered-up Fibrant’s flop with wild claims of success.

Chris Borre:  It is well known to city employees that Fibrant is bankrupting Salisbury and is causing job cuts detrimental to the people of Salisbury.  Services throughout the city are being compromised to prop up this fiber optic mess.  City employees are terrified of losing their jobs because of the city’s shenanigans over the past few years.  If any city employee stands up for their rights or the rights of others, they are silenced or terminated.  They demoted me for speaking out, and shortly afterwards I got a better paying water job elsewhere.

Steve Mensing:  I’m glad to hear you are doing well Chris.  Many former city employees can’t even get unemployment or find work because the city will not answer calls about them.  Cases in point: former Salisbury policeman Kenny Lane and former Parks and Recreation’s Scott Hunt.  And Salisbury’s tax and utility payers are being cheated by dwindling city services.  Anyone can drive around the city and see late trash pickups by understaffed trucks.  Mounds of leaves and tree limbs lay around in the streets weeks after they were put out.  City property grass goes uncut and weeds grow high between sidewalk cracks.  A lot of Salisbury, outside the historic district, looks forgotten and threadbare.

Chris Borre: I should mention I did an interview elsewhere with Emily Ford from the Salisbury Post about what happened to me.  The editor of the Post, according to Emily, would not publish it.

Steve Mensing: We’re glad you made it over here.  Your story about suppression of basic First Amendment rights by the city government needs to be told.  It is illegal for any government in our country to suppress their workers free speech rights.  The right to free speech is a basic right protected by the First Amendment of the Constitution.  All government workers, whether they work for the Federal government, the State, the City, the County, or the school system are lawfully permitted to speak up. The only exception is at the Federal level, where someone cannot speak about classified information that might compromise national security. Talking about Fibrant and highly paid lobbyists certainly isn’t classified information, even for a failing city government.  Government workers – don’t let anyone tell you differently.

Chris Borre:  That’s right Steve.  If you work for any government in the United States, you have the right to speak out.  Except here in Salisbury, where the idea of First Amendment free speech rights are actively suppressed by Salisbury. From what teachers in the Rowan-Salisbury Schools tell me, their free speech rights are curtailed by the school administration. They have a written rule which keeps them from talking to outsiders about what is happening in the school system.  They can’t say anything negative about the school system.  That’s a license for cover-ups and for hearing only a one-sided positive reports about the schools.

Steve Mensing: Suppression of local information truly harms our citizens.  Here in Salisbury, we have a closed-information system where important information gets suppressed on many levels – including local media.

Chris, can you tell us what specifically happened to you in regard to your employment with Salisbury?

Chris Borre: Several months ago, I was threatened with retribution up to and including discharge if I made any comments in response to any articles regarding the City of Salisbury via the Salisbury Post. Well, I should have taken the threat seriously.  As a result of the comment I made on the Post, I was demoted to the position of Senior Maintenance Worker from my career as a City of Salisbury Water Treatment Plant Operator with the highest qualifications the State of North Carolina requires. I have always taken my responsibility as a Water Treatment Plant Operator to be of the utmost importance in providing the people of Salisbury with clean and safe water. I have an extensive background in surface water treatment, working many years and for other, much larger, municipalities than the City of Salisbury. Unfortunately for me, both bureaucratic paranoia and control is deemed more important than my rights as a United States citizen and taxpaying citizen of Salisbury. My opinion regarding the current state of our government should not be repressed.

On July 26, 2012, I was approached by  Utilities Director Jim Behmer regarding a comment I had made in the Salisbury Post about Fibrant the city’s broadband utility.

(Note: The article Chris refers to, on the topic of Fibrant outages, can be viewed at  http://www.salisburypost.com/article/20120724/SP0101/307249994/0/SEARCH&slId=8).

Behmer told me I was showing poor judgment and should be careful of the comments I make regarding Fibrant. He also said there were people at City Hall who did not approve of my commenting.

On August 9, 2012, I was confronted by Mr. Behmer about another comment I made in the Salisbury Post.

(Note, the August 9, 2012 article Chris mentions here can be seen at http://www.salisburypost.com/article/20120804/SP0101/308049972/0/SEARCH&slId=20)

This time, I was told to not post comments on articles concerning the city, to delete my comments, to remove my employer from Facebook, and to unfriend city employees – specifically city council members – on Facebook.  I was repeatedly told that I was showing poor judgment and was threatened with up to and including discharge if I did not comply. I asked about my first amendment rights as a citizen and a tax payer, but I honored Mr. Behmer’s request to amend my Facebook account.

On April 18, 2013, Jim Behmer and Assistant City Manager Zack Kyle came to the water plant and informed me I was being demoted to Senior Maintenance Worker from Senior Water Treatment Plant Operator. The reasons given for the transfer are without merit. My performance evaluations also contradict the transfer letter. (Note: You can see Chris Borre’s performance evaluations here).  My supervisor was not party to the transfer. I do believe the demotion was a result of a comment I made to an article on April 13.

(Note: You can view the article, on the topic of the City of Salisbury’s high-priced lobbyist, and Chris’ comment at http://www.salisburypost.com/article/20130413/SP01/130419833/ .  

In the event that comments are disabled, we’ve transcribed his comment for you.  In response to the article’s mention of the City of Salisbury’s employment of a lobbyist, Chris writes, What happened to a government by the people for the people? It should be illegal for a lobbyist to work in government and vice versa. What a joke that someone has to be paid to do the work our elected representatives should be doing.  Ah, government for sale to the highest bidder.”   Chris follows up in May with a comment about his demotion.)

In the transfer letter, the references to poor judgment are a direct threat not to continue to post comments in the Salisbury Post.  I resigned my city position with the City of Salisbury effective May 17th, 2013.

(Note: You can read the “transfer letter” Chris mentions that details his demotion here.)

Steve Mensing:  Obviously, such comments by a supervisor are an act of First Amendment suppression.  Chris, I understand you’ve contacted the ACLU for a suit against the city government. A wise move and a fine example for other city workers to follow.  I suggest present and former city workers, threatened by our local government over their free speech rights, ought to band together and connect with the ACLU as soon as possible.  Rogue governments need to be brought down to Earth and reminded of basic laws.  Those workers abused by the city government best join together with other city workers suffering the same fate and get their just due.

Chris, I really appreciate you coming out today and being a good citizen.  I wish you success in your coming suit against the city.

Chris Borre:  Thanks Steve.



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