by Tony Palmeri
from the July 31, 2001 edition of the Oshkosh Northwestern
The silence of elected officials usually speaks louder than their public statements. Some politicians believe that if they remain quiet, difficult issues or situations will disappear.
Case in point: Oshkosh Mayor Jon Dell’Antonia has challenged our constitutional liberties, yet we have heard not one positive or negative comment about his behavior from his six colleagues on the Common Council. Apparently, the Silent Six have reached the conclusion that if they say nothing and wait long enough, the issue will go away.
How has Mayor Dell'Antonia challenged our constitutional liberties? Last month, the Mayor became aware of Jackson St. resident Harmon Seaver's provocative web site. Disturbed by what he perceived as possible defamatory comments on the site, the Mayor e-mailed City Attorney Warren Kraft and said that Seaver should be "nailed to the cross.” Kraft sent an e-mail to Seaver challenging him to attend the next meeting of the Oshkosh Common Council to offer proof of his charges during citizen statements. He also informed Seaver that his site could be potentially libelous and that he should consider seeking legal advice.
Neither Wisconsin state statutes nor the Oshkosh municipal code give the Mayor the power to use the City Attorney in such a manner, nor does the City Attorney have the power to do anything but provide a written legal opinion at the request of city officers. Neither the Mayor nor the City Attorney have the power to intimidate citizens with whom they disagree, even if the citizen has produced a web site that the Mayor and/or Attorney find to be obnoxious or inaccurate. The First Amendment protects our right to be obnoxious.
Former Mayor Bob Jungwirth has called for Dell’Antonia to resign. The Silent Six have ignored that call too.
Mayor Dell'Antonia, to his credit, appeared on my and Jim Mather’s cable program “Commentary” recently and addressed the issue. He did not apologize for his actions nor indicate that he was wrong. Instead, he expressed regret that he gave Seaver's site so much undeserved attention. He also said that the City Attorney should attend "remedial e-mail school"--a reference to the fact that Kraft accidentally forwarded Dell’Antonia’s e-mail to Seaver.
Three Common Council meetings have been held since Dell’Antonia and Kraft’s behavior was exposed, yet not one member of the Silent Six has said a word about it. How are we to interpret their silence? Do the councilors believe that what Dell'Antonia and Kraft did was legal and proper? Do they think that it is appropriate for the Mayor to request the City Attorney to "go after" citizens? Would they stay silent if their own free speech was under threat? Are they remaining silent in the hope that this issue will go away?
Citizens of Oshkosh need to know if the elected officials with whom they have entrusted protection of their civil liberties are willing to allow a Mayor to use the City Attorney as a private attack dog. The Silent Six are obligated to defend Dell'Antonia's behavior or condemn it. If the Silent Six remain silent, they are consenting to what took place as proper, meaning that every citizen who writes a controversial letter, produces a provocative web site, or hosts a public affairs television show should fear the wrath of City Hall coming down on them. This is unacceptable.
The Oshkosh Common Council would be perfectly within its rights to go into closed executive session to discuss the performance of its officers. I believe the Council should go into closed session and conduct a vote of confidence on the Mayor's performance. Such a discussion and vote would provide citizens with the comfort of knowing that their elected officials actually care about possible abuses of power. In fact, I think it would show leadership and courage on Dell'Antonia's part if he were to ask the Council to hold a vote of confidence. Such an action would demonstrate a political maturity that is, unfortunately, rare among contemporary elected officials.
We need to let the Silent Six know that protecting our civil liberties is more important than protecting the Mayor. If the Silent Six won’t speak out, then we must. As Mark Twain once said, “.... every citizen of the republic ought to consider himself an unofficial policeman, and keep unsalaried watch and ward over the laws and their execution.”
Tony Palmeri is an Associate Professor of Communication at UW Oshkosh and Co-Host of “Commentary.”