Advancing Civility and Clarifying Free Speech During Council Meetings

During the campaign, Mayor Dodge and the Orland Park for All slate made a clear commitment:

"We will listen to all points of view, get the facts, and decide how each decision helps Orland Park become the leading southwest suburb—a place to proudly call your hometown, a vibrant community to raise a family, and a destination for businesses."

Among their key pledges:

- Treat all residents of Orland Park with the respect they deserve.

- Listen with an open mind to community input on Village Board priorities.

Fulfilling these goals requires a significant cultural transformation. The prior administration too often treated residents dismissively and sometimes even derisively—both inside council meetings and in broader interactions. Frequently, instead of listening, the former mayor would aggressively rebut differing opinions. By tightly controlling board proceedings and village operations, he fostered an authoritarian and hostile environment. This negatively impacted both public discourse and internal staff morale.

From General Intentions to Specific Behaviors

While good intentions are important, meaningful cultural change requires defining specific behaviors. For example, consider the following broad pledge from the Illinois Municipal League:

"In the interest of civility, I pledge to promote civility by listening, being respectful of others, acknowledging that we are all striving to support and improve our community, and understanding that we each may have different ideas for achieving that objective."

This statement is well-meaning but vague. It does not clearly apply to council member conduct or public interactions.

In contrast, Mayor Dodge has proposed a more specific and actionable draft Civility Pledge:

In the interest of civility, I pledge:

- To promote civility by listening respectfully, recognizing our shared goal of improving the community, and acknowledging that we may differ on the means to achieve it.

A commitment to the following principles for civil discourse:

- Respect the right of all individuals to hold differing opinions.

- Avoid rhetoric intended to humiliate, delegitimize, devalue, or question the patriotism of those with whom we disagree.

- Strive to understand other perspectives.

- Choose words thoughtfully.

- Speak truthfully, without accusation or distortion.

- Speak out against violence, prejudice, and incivility in all their forms, whenever and wherever they occur.

- Demonstrate and encourage qualities that support a civil society, including gratitude, humility, openness, public service, propriety, kindness, compassion, faith, a sense of duty, and a commitment to doing what is right.

While universal adoption of this pledge would be ideal, a majority vote by the Board is sufficient to incorporate it into the Rules of Order. Once adopted, the mayor—as chair—can enforce it, and any trustee who violates the rules can be ruled out of order.

Clarifying the Limits of Free Speech During Council Meetings

Some critics argue that regulating council members’ speech at public meetings violates First Amendment rights. That is not correct. Elected officials do not possess unrestricted First Amendment rights when speaking in their official capacity during public meetings. Their speech is governed by rules of procedure and decorum to ensure meetings are effective, respectful, and focused on public business.

Illinois village council meetings, governed by the Open Meetings Act (OMA), are official government proceedings. During these meetings, the mayor and trustees act as public officials—not private citizens—and their speech is legally subject to regulation.

Key Legal Principles:

1. Limited Public Forum:

- A council meeting is a limited public forum. The government sets rules for when, how, and on what topics speech may occur.

- The mayor and trustees act as government agents in this context.

2. Regulation by Role:

- The mayor, as chair, may enforce rules limiting speech to agenda items and maintaining order.

- Trustees may be ruled out of order if they stray from the agenda or violate decorum.

3. Government Speech Doctrine:

- When officials speak in meetings, they represent the government. Their speech is not fully protected by the First Amendment like private speech.

- The board can set time, manner, and content limits.

What Trustees Cannot Do:

- Use their speaking time to campaign, insult, or defame others.

- Disrupt the meeting or ignore rulings by the chair.

- Claim absolute First Amendment protection during proceedings.

What They Can Do:

- Express opinions and debate policy within meeting structure.

- Make motions and vote as permitted by local rules.

- Speak freely as private individuals outside official meetings (e.g., in editorials or on social media).

Supporting Legal Sources:

- Illinois Open Meetings Act (5 ILCS 120)

- Pleasant Grove City v. Summum (U.S. Supreme Court, 2009)

- For MANY articles, google “Harvard Law Review on government speech and limited public forums”

- Illinois Municipal Code (§65 ILCS 5/3.1-40 et seq.)

- Robert’s Rules of Order

Draft Resolution: The Proposed Civility Pledge

WHEREAS, the Village of Orland Park affirms that open debate and diverse viewpoints are essential to democratic governance;

WHEREAS, the Village President and Board of Trustees commit to respectful, honest, and civil public discourse;

WHEREAS, the Illinois Municipal League and the U.S. Conference of Mayors have adopted similar pledges to promote civility;

NOW, THEREFORE, be it resolved by the Village President and Board of Trustees of Orland Park:

Section 1. The recitals above are adopted as findings of fact.

Section 2. The Board adopts the Civility Pledge outlined above.

Section 3. All elected and appointed officials are encouraged to sign the pledge and uphold it during public meetings and official duties.

Section 4. A signed copy of the Civility Pledge shall be displayed prominently in Village Hall.