A Word To The Kennesaw City Council About the term 'Due Process'

A FEW WORDS TO THE CITY COUNCIL ABOUT THE TERM 'DUE PROCESS'

If you have not already had 'the talk' with Kennesaw's City Attorney Bentley about 'due process' and his opinion that no one on the council should voice any opinion on any issue coming before the council until you vote on it, you will be hearing from him about this.

He has provided misleading and incorrect information to various city council members for years and unfortunately they all seem to believe him and in my own contacts with elected officials on council over the years they were uniform in refusing to voice any indication of how they might vote on any decision.

In particular this came up when the Cruchelow Pawn Shop opened in a Kennesaw strip mall where it was specifically prohibited. My contacts with the entire council of 5 got 3 replies all to the effect that the matter could not be commented on until it was voted on. This foolishness is direct from Bentley who seems to have been absent on the days his law classes discussed 'due process' and he has for years infected city council members with his incorrect interpertation of the term.

In the civil sense all due process means is that this clause promises that 'before depriving a citizen of life, liberty or property, government must follow fair procedures'. It has absolutely no bar for any legislator to take a position on any matter and make that position known. All matters before any legislative body must be given a fair hearing.

No other legislative body in this country restricts its legislators from voicing their opinions on any pending matter that comes before them. It seems that this restriction is solely found in Kennesaw and it is due to Bentley's mis-interpertation of what due process means.

Whether it is abortion, immigration, the budget or what sort of businesses should be allowed in downtown Kennesaw, no legislator can be barred from stating their opinion before they vote on the matter.

So if, or when, the city attorney cautions you that you can't comment on an issue that is before the council or may come before the council, before it is voted on, I hope you will ignore his poor advice and if you think that this or that issue is not in the best interests of Kennesaw, then give your opinion. Remember that due process only applies to the legislators giving a fair and impartial hearing to any and all issues before it, there is no restriction(s) in the 5th and 14th amendments for any legislator to have to stay silent on any issue until it is voted on.

see also: https://www.law.cornell.edu/we...