What are the factors used to determine whether an employee is entitled to speak on behalf of an elected official?
MultiRegion, United States of America
The following excerpt is from Hale v. Mann, 219 F.3d 61 (2nd Cir. 1999):
Turning to the remaining four factors, we have noted that they "attempt to define the contours of a zone inside which governmental decisions are made," and "encompass a principle upon which this circuit has placed primary importance: whether the employee in question is empowered to act and speak on behalf of a policymaker, especially an elected official." Gordon v.
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