Werkheiser v. Pocono Township Board of Supervisors, 704 F. App'x 156

From 2008–2013 Harold Werkheiser was an elected member of the Pocono Township Board of Supervisors and was annually appointed by the Board to the politically accountable position of Roadmaster.
In 2012 Werkheiser publicly criticized fellow Supervisor Frank Hess and the Township’s town manager after Hess recovered from illness but did not resume certain administrative duties.
In January 2013 a Board majority declined to reappoint Werkheiser as Roadmaster and instead appointed another Supervisor, Henry Bengel; Werkheiser remained a Supervisor through 2013.
Werkheiser sued under 42 U.S.C. § 1983 alleging First Amendment retaliation, and sued Hess and Bengel under Pennsylvania’s Sunshine Act for discussing Township business without him.
The District Court granted summary judgment to the Township on the First Amendment claim and dismissed the state-law Sunshine Act claim without prejudice; this appeal affirmed that disposition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether non-reappointment as a politically appointed Roadmaster in retaliation for speech violates the First Amendment	Werkheiser: removal from Roadmaster was retaliation for his public criticism and infringed his free-speech rights	Township: the Roadmaster position was a political appointment held at the Board's pleasure; losing it for political reasons is not actionable retaliation when it does not impair elected duties	Court: No First Amendment violation because loss of a political patronage position that does not interfere with the plaintiff's duties as an elected official is not actionable
Whether the District Court should have remanded the Sunshine Act claim to state court after disposing of the federal claim	Werkheiser: district court lacked subject-matter jurisdiction and should have remanded under 28 U.S.C. § 1447(c)	Township: district court had jurisdiction and permissibly declined to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c)(3)	Court: Affirmed dismissal without prejudice under § 1367(c); remand under § 1447(c) was inapplicable

Squires v. Bonser, 54 F.3d 168 (3d Cir.) (Pennsylvania law permits a board member to serve as roadmaster or superintendent)
Bond v. Floyd, 385 U.S. 116 (U.S. 1966) (elected officials cannot be denied their seat for official speech; protects ability to perform elected duties)
Zilich v. Longo, 34 F.3d 359 (6th Cir. 1994) (courts should not police routine political retaliation within legislative bodies)
Camacho v. Brandon, 317 F.3d 153 (2d Cir. 2003) (no First Amendment relief for political dismissal of a legislative aide tied to elected official)
Blair v. Bethel Sch. Dist., 608 F.3d 540 (9th Cir. 2010) (declined reelection to a board office for viewpoint differences not protected)
Rash–Aldridge v. Ramirez, 96 F.3d 117 (5th Cir. 1996) (removal from appointed board position for policy disagreements did not implicate Bond)
Kinsey v. Salado Indep. Sch. Dist., 950 F.2d 988 (5th Cir. 1992) (no First Amendment protection for relief from duties for public opposition to candidates)
Garcetti v. Ceballos, 547 U.S. 410 (U.S. 2006) (limits on government-employee speech; court here declined to decide its applicability to elected officials)
Kach v. Hose, 589 F.3d 626 (3d Cir. 2009) (when declining supplemental jurisdiction, district courts should dismiss state claims without prejudice)