What is the test for a plaintiff to be successful in an employment action against the city where they were employed as municipal employees?

First, a court must consider whether the plaintiff has engaged in a protected speech activity, which requires the plaintiff to show he: "(1) spoke on a matter of public concern; and (2) spoke as a private citizen and not within the scope of [] official duties as a public employee." Karl v. City of Mountlake Terrace, 678 F.3d 1062, 1068 (9th Cir. 2012). If the plaintiff makes these two showings, a court asks "whether the plaintiff has further shown that [he] (3) suffered an adverse employment action, for which the plaintiff's protected speech was a substantial or motivating factor." Id.