"If we can throw baby Jesus out of town, we can throw Tina out of town." said Olean City Attorney Daniel DeRose. It was a comment from DeRose between city meetings earlier this month. It was picked up by city microphones and went out over the airways on public television. The remark referenced a controversial nativity moved from city property. It was about Tina Kamery who had just spoken out about the town's deficit.

At Tuesday night's meeting she was issued a public apology from several board members. Ironically, however, it is Kamery who is not permitted to speak at town meetings for one month. She was given the news in a certified letter from common council president Rick Smith. "I was shocked. I thought how can they tell me I can't speak at the public comment session." said Kamery.

"The way I was talked to.. I'm sorry. I'm not going to take it." said Smith. He says it was Kamery who was out of line at that meeting.

But many of Smith's colleagues believe he is wrong for banning anyone from speaking, including Kamery. "Sometimes the things that are said are not always said in the nicest and kindest way. But we're elected officials and that comes with the territory. We need to have broad shoulders for it." said council member Linda Edstrom.

Smith says the city attorney's remarks were wrong, but doesn't believe he has the power to do anything about it.

The mayor and the city attorney were not at Tuesday's city meeting.