SANTA ANA : Librarian’s Remarks Are Protected, Court Agrees

A federal appeals court Monday affirmed the First Amendment rights of a librarian who successfully sued the city of Santa Ana because she was reprimanded for publicly criticizing management practices at the city library.

The decision by a three-judge panel of the U.S. Ninth Circuit Court of Appeals found a federal district court “correctly determined” that librarian Barbara Lambert’s remarks to the City Council in 1990 addressed a matter of public concern and were protected by the First Amendment to the U.S. Constitution. A district court jury last year awarded Lambert $30,000 in the case.

City Atty. Edward J. Cooper said the city is considering appealing the decision, possibly to the U.S. Supreme Court or to a full panel of the circuit court.

“We think the court is in error here,” said Cooper, contending that Lambert made disparaging comments about her supervisor in addition to discussing protected issues of public concern.

Shortly after her appearance before the council, Lambert received a letter of reprimand from her boss, Robert Richard, whose management she had criticized.

The appeals court found that Lambert spoke to the council not to make “a petty personal grievance” but as a union representative, and that “she described departmental problems, not private grievances.”

The appellate court found Lambert had a “constitutional right--and perhaps a civic duty” to inform the council if library services were jeopardized by poor management. Undisputed in the record, the court noted, were assertions that “Richard had mismanaged the library and treated employees in an abusive and intimidating manner . . . [that] was having an adverse effect on service to the public.”