Original Article Appeals Court rules city had right to fire legal adviser Casey Newton The Arizona Republic Nov. 21, 2005 12:00 AM SCOTTSDALE - The city was within its rights to fire a legal adviser who wrote a letter to the editor critical of the City Council, according to a recent ruling from a U.S. Court of Appeals. In a brief memorandum, the 9th Circuit wrote that Johnny Guthrie was a "policymaking" employee when he was fired in October 2002, thus could not claim his rights to free speech were violated. "A public employee's status as a 'policymaking' employee disposes of any First Amendment retaliation claim," the court wrote. "Guthrie was a policymaker because speech-based requirements were appropriate for the effective performance of his public office." Guthrie, who was an adviser to the Police Department, was fired after writing a guest column for the Scottsdale section of The Arizona Republic criticizing Councilmen Wayne Ecton and Bob Littlefield and defending then-Chief Doug Bartosh, who was later fired. City lawyers argued in court that Guthrie couldn't defend the police chief and still be an impartial lawyer for Scottsdale. Guthrie's lawyer did not respond to a request for comment. However, Pat Dodds, a city spokesman, said Scottsdale is "pleased that the Court of Appeals affirmed the district court's ruling." Last year Guthrie was hired as a policy adviser for the Apache County Sheriff's Department. Reach the reporter at casey.newton@arizonarepublic.com or (602) 444-6853.