Municipality, City of Pittsfield accepted Petition from 2 men asking City Council to approve Resolution to call the U.S. Congress to Amend the U.S. Constitution due to Federal case Citizens United V Federal Election commission, which was the case Democrats V Republicans#1)I said on City council Meeting: "Massachusetts General Law doesn't allow use of Municipal resources for any Political campaign--Am I right or wrong?"
Country relating to Question: United States
State (if USA): Massachusetts
I spoke on City of Pittsfield Ordinance and rules Committee andasked them to remove any Political
resolutions from City Council Agenda as it violates Massachusetts General Laws
Hello and thank you for requesting me.While I am sure there are applicable laws to this situation, I am not familiar with them at all, so I will have to opt out in favor of other attorneys. Thank you for your patience and take care.
Welcome and thank you for your question!As I understand it, the city was asked to adopt a resolution asking the U.S. Congress to pass a resolution to amend the U.S. Constitution, correct?
yes, you are absolutely right --and I believe , city Councilors have No right
Thank you.I hate to do this. I hate to say this but I know that you want a candid answer. Your conclusion is not accurate.Yes, it is true that municipal resources cannot be used for political campaigning.However, the topic of a constitutional amendment is not political campaigning. The topic of the resolution does not support a political party or a particular candidate for political office. Rather, it's about amending the free speech parameters of the First Amendment. That is fair game.Separately, it is entirely appropriate and common for municipalities and state legislative bodies to adopt resolutions which encourage Congress to take action on X-issue.Now, you may disagree with the Council's position on the issue. However, it is legal for Council to adopt a resolution on the issue (even if it's a position that you disagree with). You are just as free to write you Congressman and Senators and tell them that you do not agree with your City's resolution for X, Y, and Z reasons.I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. I hope you understand.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Reply tab. If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
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