Ex-Hamilton crossing guard says ‘freedom of expression’ at heart of claim against city

A former Hamilton school crossing guard is taking the city to small-claims court after he says his ex-employer wrongly forced him to choose between his job and freedom of expression.

Stewart Klazinga's $35,000 claim for alleged breaches of charter rights spring from his constructive dismissal" from the part-time post in February 2019.

Freedom of expression is the crux of the issue," Klazinga told The Spectator via email Friday.

As a recipient of ODSP, his main points of advocacy are the rights of people with disabilities and safe streets, the 37-year-old said.

Klazinga's claim notes that in the fall of 2017, his supervisors warned him he hadn't received social media training and wasn't authorized to speak on behalf of the city."

In a gesture of good faith," he changed his Twitter handle, The Bearded Crossing Guard," and profile picture. He also deleted posts that referred to his job and city employment.

Klazinga declined to discuss the nature of the Tweets that triggered his employer's scrutiny, noting they were specific evidence" in the litigation.

His advocacy work continued, but with a novel conscientiousness to avoid" referring to any associations with the city, the claim says.

But in early 2019, his supervisors called him to a meeting during which they argued his Twitter activity could be perceived to be in violation" of a new city social media policy.

With no clear evidence," according to the claim, they also contended that despite his efforts to distance himself, some would still associate" him with the city because of his run for council seat in the 2018 election.

He was then threatened" with termination if he didn't stop allegedly violating" the city's policy, the claim says.

Mr. Klazinga realized he was being forced to make a choice between his continued social advocacy and constitutional right to freedom of expression or his continued employment with the city."

So with his resignation, Klazinga, a crossing guard in east Hamilton since September 2017, handed in his stop sign and uniform.

The claim, filed Jan. 29, alleges the city failed to act in good faith and confirmed its intention to violate" his freedom of speech by accepting his resignation."

The allegations have not been tested in court.

In an email Friday, a city spokesperson said Klazinga's claim had been referred to human resources for review.

And the city will be providing a defence," Jen Recine noted.

The social media policy cited in Klazinga's allegations applies to all city employees.

Among its guidelines for personal use, employees must be conscious of our role as public servants and ambassadors" and must not bring the reputation of the city into ill-repute or damage or diminish the reputation of the city in the eyes" of the community.

Even when using social media for personal purposes, city policies continue to apply to employees when they are off-duty," the policy states.

Recine said the city's code of conduct and corporate human resources policy also refer to staff's responsibility to uphold the reputation of the city."

Klazinga, who is represented by Ross & McBride LLP, told The Spectator the crossing-guard job never paid the bills' as it were."

The greater value I found in the job was the satisfaction of being able to do something important for my community, and the ability to practically engage in something strongly related to my local advocacy ..."

Klazinga, who has written Spectator op-eds about transit fare policy and crossing guard training, remains active on Twitter.

His current handle, reflective of the COVID-19 pandemic, is The Bearded Pull the mask over your nose' Giant."

Teviah Moro is a Hamilton-based reporter at The Spectator. Reach him via email: tmoro@thespec.com