The following excerpt is from Hale v. Mann, 219 F.3d 61 (2nd Cir. 1999):
Turning to the remaining four factors, we have noted that they "attempt to define the contours of a zone inside which governmental decisions are made," and "encompass a principle upon which this circuit has placed primary importance: whether the employee in question is empowered to act and speak on behalf of a policymaker, especially an elected official." Gordon v.
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