Ronni J. Kotwica and Roland Kotwica, Husband and Wife v. City of Tucson, Daul Valenzuela, Germaine Caine, James E. Ronstadt, and Charles Davis

We address the question whether the first amendment provides absolute protection to a government employee who uses an official interview to contradict agency policy, in violation of express directions from a superior. The district court found the speech protected. We reverse.

Ronni J. Kotwica challenges a one day suspension from her duties as a recreation supervisor in the Parks and Recreation Department for the City of Tucson. Kotwica was directed by the department to study the feasibility of adding a competitive gymnastics team to the city’s recreation program. In June 1983, Kotwica’s immediate supervisor informed her that the proposal had been put on hold and would not be implemented for the summer. The supervisor did ask Kotwica to continue consideration of the proposal for adoption at some later time.

There was a noncompetitive gymnastics program in operation, and Kotwica sent a letter to parents of the children enrolled in it. The letter mentioned the “soon to be formed team,” i.e. the competitive team then under study. Her supervisors admonished Kotwica to make no further reference to a competitive team until the department made a final decision on the matter.

In the…