Danielle Drossel, AWI-CH, is a partner at Oppenheimer Investigations Group, an investigations law firm focused on impartial workplace and school investigations, as well as climate assessments, trainings, coaching, expert testimony, and conflict resolution services. She can be contacted at danielle@oiglaw.com.

---

City leaders are all too aware of the increase in intimidating, humiliating, or belittling public rhetoric. But in many cases, elected officials themselves engage in this type of behavior. This can have far-reaching consequences for the individual being bullied, the elected official, and the broader community. Although there is no law that prohibits bullying at work, bullying comes at a cost — an emotional cost for employees and a financial cost for employers.

When the bully is an elected official, the stakes are even higher. Elected officials hold a unique and influential role in the communities they serve. Their behavior can create a trickle-down effect that permeates all levels of the community: Toxic behavior on the dais erodes public trust and the effective functioning of government institutions.

According to a 2021 survey by the Workplace Bullying Institute, approximately 30% of U.S. workers have experienced workplace bullying. While there are no specific studies addressing the prevalence of bullying by elected officials, high-profile incidents in various cities highlight that this behavior does occur and can have detrimental impacts on city operations. Allegations of bullying by elected officials have led to increased staff turnover, reduced employee morale and productivity, and costly legal battles, all of which strain city resources and degrade public services.  

Steps to prevent bullying in public meetings

In the public sector, allegations of bullying by elected officials often involve comments and conduct that take place during public meetings. It can take the form of:

• Critical comments that are unrelated to legitimate government business.
• Yelling or using foul language.
• Offensive, derogatory, or demeaning comments.
• Dismissive tones of voice or body language.
• Excessive, non-constructive criticism.

It is crucial that elected officials set the right tone. Here are some steps to prevent bullying and promote a healthy and productive city council meeting:

• Be prepared. Read staff reports ahead of time so that you can address concerns or questions about an item with the city manager in advance of the meeting. Giving staff a heads-up about what questions you intend to ask is respectful and avoids placing them in uncomfortable “gotcha” situations.
• Ask questions, but don’t interrogate. Avoid asking questions in a way that can come across as an interrogation or as doubting the competence or intentions of staff. 
• Lead by example. Demonstrate respectful and inclusive behavior in all interactions. Your conduct sets the standard for others.
• Use neutral language. Choose words that are neutral and non-confrontational. Avoid language that can be interpreted as attacking or demeaning.
• Show appreciation. Recognizing and valuing employees is not just a nice gesture: It is a crucial component of effective leadership. City staff perform critical duties for the public, often under challenging circumstances and with limited resources. Publicly acknowledging their hard work and value can boost staff morale and build public trust.

Remember to not make things personal. While the council has a duty to ask questions related to its decision-making responsibilities, there can be a fine line between legitimate public discourse and bullying. It is important for council members to remain objective and focused on the issues at hand without resorting to personal attacks or unnecessary criticisms.

When determining whether a comment might cross the line, consider these two questions: Is the comment or question related to the item being discussed? Is it aimed at informing the governing body’s decision-making? If the answer to either of these questions is “no,” take a moment to reflect on the relevance and impact of your comment. Reframe your thoughts to ensure they are constructive and focused on the topic at hand, addressing issues rather than personal opinions about individuals. By promoting respectful dialogue and demonstrating courtesy, elected officials can help keep meetings productive and centered on effectively serving the community.

Allegations of bullying outside public view

Bullying can also happen outside of public view. A common issue employees highlight during investigations is that a council member inappropriately directed their work. This underscores the importance of understanding the distinct roles within the council-manager form of government, which is the norm in most California cities. Under this structure, the city council is responsible for enacting laws and setting policy. The city manager is charged with overseeing the daily operations of city staff and implementing the council’s policies.

When it comes to personnel matters, the council should not directly manage non-appointed city staff or undermine the city manager’s authority over personnel matters. The city council’s interaction with non-appointed staff is generally limited to inquiries rather than directives. For example, a council member can contact a staff member to inquire about the progress of a city project or request that staff research an issue and provide a report. However, they should avoid commanding, directing, or instructing staff on how to perform specific tasks or bypassing established procedures and the city manager’s authority. 

There can be a fine line between what constitutes an “inquiry” (which may be allowed), versus what constitutes an “order” (which may not allowed). Some council members prefer a cautious approach, such as routing all communications to the city manager. Others prefer a more direct line of communication with staff, often broadly defining what constitutes an “inquiry” versus an “order.” Conflict can arise when there is ambiguity.

The city manager’s role as the conduit for communication between the council and staff is crucial to maintaining clear lines of authority and preventing undue influence from individual council members. This separation of powers fosters a collaborative and efficient governance model where policymaking and personnel matters are handled by distinct branches with well-defined purviews.

What to do if you experience or witness workplace bullying 

If someone — whether a staff member or another elected official — feels they are being bullied by an elected official, it’s important to address the issue promptly. Left unaddressed, unreported bullying by elected officials can lead to a toxic work environment, reduced employee morale and productivity, and an erosion of public trust. The negative publicity surrounding these incidents can also tarnish the city’s reputation, making it more challenging to foster community engagement and support.  

• Tips for employees. If you are being bullied or witness someone else being bullied, find out if your city has an anti-bullying or code of conduct policy. Most anti-bullying policies have procedures for reporting misconduct. If there is no policy in place, report the behavior to management or human resources.  
• Tips for managers, supervisors, and elected officials. If you witness someone being bullied, you have a responsibility to address the situation. This may include reporting the behavior to human resources. Once an employer receives a report of workplace bullying, an investigation should be initiated promptly to determine what occurred and whether the behavior constitutes a policy violation. You can also intervene by telling the bully that his or her behavior is not appropriate and must stop.  

Employees become disillusioned and cease to report issues when they believe it is pointless to do so: It is important that complaints are addressed promptly and seriously. Conducting a timely and impartial investigation also protects the accused individual by allowing them an opportunity to be heard and offer evidence in their defense before being disciplined for engaging in abusive conduct. In some cases, hiring a private lawyer may be necessary to address the situation appropriately. 

Lead by example

Bullying by elected officials is a serious issue that can lead to a toxic work environment, reduce employee morale and productivity, and endanger a city’s ability to effectively govern. It is important to remember that being in a position of power is not a license to lord over people. Rather, it is an opportunity to lead with integrity and make a positive impact on the community. By setting a tone of civility and leading by example, elected leaders can lay the foundation for success and productivity, ultimately fostering a more harmonious and effective government.