Should Jerusalem Municipality-backed institutions hold election events?

While thus far the impending municipal election campaign for the city council has left city residents drowsy to the point of indifference, it turns out that sit-up-and-take-notice news can come from within the establishment – and not necessarily from activist circles. 

A surprising legal opinion, and some say even defiant, came this week from the office of municipal legal adviser Eli Malka. Malka claims that municipality-supported institutions should not host election-related gatherings or programs or even candidate presentation, since events of a political nature are prohibited in public facilities that are supported by the local authority. Malka’s opinion came on the heels of plans by two local city councils to host panels presenting the candidates to the community.

The two local groups that took the initiative to organize panels for the residents to meet the candidates for the city council belong to the Ganim (Kiryat Menachem) and Yuvalim (Kiryat Yovel) neighborhoods. Despite both groups emphasizing that they are not encouraging a particular candidate but simply providing their residents with the necessary information – which must be considered a correct and desirable community step – they were notified that holding such an initiative on municipality property was against the rules.

Legal adviser's opinion sparks backlash from Jerusalem Municipality

Yet while Malka did not look favorably on the initiative and went so far as to prohibit the gatherings, his decision elicited some criticism within the walls of Safra Square, including from the mayor himself. Mayor Moshe Lion and Deputy Mayor and Community Administration portfolio holder Aryeh King were surprised by Malka’s opinion.

It is not clear what really bothers Malka about the initiative of these two councils, since it has been made clear that it is not about promoting a particular candidate at the expense of the others, or any other activity that might be interpreted as supporting a particular runner. With around a million residents revving up for city council elections that will largely determine the future of their city, it is of great importance that they know who is seeking to represent them, and what intentions and commitments they have. 

The role of the community council managers in the city is to represent the interests of the residents vis a vis the authorities, especially the municipality, and to provide them with the necessary tools to make decisions that will determine the conditions of their lives in the city. These include deciding where to build a school or a kindergarten or how many synagogues or cultural institutions are needed in a particular neighborhood. 

The interesting thing, as mentioned, is that both the mayor and one of his deputies believe that Malka’s opinion is out of place and inappropriate. Sources at Safra Square make it clear that not long ago it might have been easy to simply tell Malka: “Stop, you’re wrong.” 

These days, when the title of legal adviser raises the threshold of excitement from all sides of the political map, things are a little more sensitive. 

And yet, Lion, who is alone in the mayoral race for another term and therefore cannot be suspected of wanting to advance his own agenda, expressed criticism of the very position of the municipality’s legal adviser – who does not work for the mayor.

Lion responded to In Jerusalem’s request for comment, saying: “I’m sorry to hear of the legal adviser’s announcement, as I feel the ramifications will not be positive. I appealed to the municipality CEO with the request that he examine, together with Eli Malka, a legal way to allow the event to be held, provided the equality of all parties is maintained.” ❖