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Public Employee Punished for Racism on Facebook

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By: Joseph Gentile

Responding to President Obama’s inaugural message of “change,” an employee of the Borough of Paramus, New Jersey updated his Facebook account Monday and created quite a stir.

However, the activity of the 8-year employee of the borough did not go unnoticed when angry telephone calls began flooding the office of Paramus administrators, wrote Stephanie Barish for WPIX.com, the New York-based CW affiliate.

Presently suspended without pay, Christopher Petronzio of the Shade Tree and Parks Commission, as reported by The Record of Bergen County, changed his status for the social-networking Web site on Martin Luther King Day to read “Chris would like to wish everyone a happy James Earl Ray day.”

Ray was charged with the civil rights leader’s assassination.

Identifying himself as a public employee, Petronzio’s page was circulated via e-mail to borough officials before he could defend his comments from being “taken out of context,” according to The Record.

Petronzio’s page also included the logo of Kentucky Fried Chicken superimposed upon the White House, accompanied by images of sliced watermelon and Kool-Aid, and referred to President Obama through a racial slur.

"What they did was they suspended me for something that was done on my time, not on theirs," Petronzio argued.

Even though Petronzio’s actions were “not really any of our business until it’s brought to our attention,” Borough Administrator Anthony Iacono told Record staff, “Our concern is that it was brought to our attention."

Petronzio though is alleging retaliation from civic leaders for belonging to a union attempting to sue Paramus, and is prepared to consult an attorney as to whether or not his First Amendment rights were violated.

Yet, as Iacono told the media, borough code clearly states that workers can be fired for "conduct unbecoming of a public employee,"
Comments
#1 | MplsVala on January 23 2009 17:36:57
They better be able to fire this yahoo. He seems to be criminally stupid as well as a hideous bigot, one wonders just what context he would have offered where this is socially acceptable. And if he hadn't bragged that he worked for the govt, he wouldn't have had his actions reported to his superiors. Hope they bounce him pronto, there are plenty of people who would love a chance at his job.
#2 | websmith on January 25 2009 14:05:52
King was the greatest leader of the last century. He would not have wanted this employee fired for making this comment on his own time. Who decides what conduct is unbecoming? That is an open ended code that allows for the control of your every movement. Being free means letting other people do what you don't like and them letting you do what they don't like. You don't lose your freedom of speech because you work for the government.

http://ewebsmith.com/gov/republicanism.html
#3 | ethwc on January 25 2009 19:10:59
mpls, stupidity is not criminal. However, public employees who use their position to promote bigotry face sanction. Appropriate sanction depends upon the severity of the misconduct. In this case, the city chose termination.

websmith, freedom of speech is not unlimited as has been shown by a number of cases over the years. You ask who decides what is unbecoming conduct. The answer is the employer makes that determination. If the employee and his/her representative disagree, the courts adjudicate the appropriateness of the punishment. This does not constrain one's speech but makes possible a society in which many different views can coexist in harmony.

In my own, humble opinion, this man stepped significantly over the boundary of acceptable behavior by one identifying himself as a public employee. He needs to seek employment by someone who does not consider this type of speech despicable. He may find that a little difficult.
#4 | MplsVala on January 28 2009 10:23:45
stupidity is not criminal
Sometimes it is, there just isn't any legal remedy for it.Wink
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