dissenting.
I respectfully dissent. In my view, the court today focuses on job title and place in the organizational hierarchy to decide whether a position is subject to a political affiliation requirement. ‘ The majority measures the distance from Wolfson and Flynn to Reisenberg, a policymaker, to determine whether their jobs are political. Although job title and position are certainly relevant to decide whether a position is political, the court’s inquiry does not square with the inquiries directed by the Supreme Court in Branti v. Finkel, 445 U.S. 507, 518, 100 S.Ct. 1287, 1294-95, 63 L.Ed.2d 574 (1980), or this court in O’Connor v. Steeves, 994 F.2d 905, 910 (1st Cir.), cert. denied, 510 U.S. 1024, 114 S.Ct. 634, 126 L.Ed.2d 593 (1993), which require a close examination of the overall functions of the employee’s department, as well as the particular responsibilities of the position.
Indeed, we have emphasized that the appropriateness of making political affiliation a job requirement is not solely determined by either agency hierarchy or the scope of job duties. “Regardless of the position of an employee within the government hierarchy, or the broad scope of his or her duties, if the employee is responsible only for duties that are measured solely by strictly technical or professional criteria, the job is nonpartisan in nature and not properly a target of patronage dismissal.” Mendez-Palou v. Rohena-Betancourt, 813 F.2d 1255, 1258 (1st Cir.1987).
The court today avoids the significance of our en banc decision in De Choudens v. Government Development Bank of Puerto Rico, 801 F.2d 5 (1st Cir.1986), cert. denied, 481 U.S. 1013, 107 S.Ct. 1886, 95 L.Ed.2d 494 (1987).4 De Choudens, a companion case to Jimenez Fuentes v. Torres Gaztambide, 807 F.2d 236 (1st Cir.1986) (en banc), cert. denied, 481 U.S. 1014, 107 S.Ct. 1888, 95 L.Ed.2d 496 (1987), nonetheless, is controlling. De Choudens had been Senior Vice-President of Finance at the Puerto Rico Government Development Bank, one of three vice presidents serving under the president and executive vice president. Id. at 6. The bank’s primary fimctions were to act as fiscal agent and financial advisor to the Commonwealth of Puerto Rico, its governor, and po*49litical subdivisions; lender to government and private industry; and depository .of Commonwealth funds. Id. at 8. De Choudens claimed that she was demoted because of her political affiliation, and we affirmed the district court’s order reinstating her.
We held that the bank had “indicia of legitimate partisan goals for government operations, not far removed from some of the policy objectives of [the agency] discussed in Jimenez Fuentes.” Id. at 8. Unlike Jimenez Fuentes, however, we concluded that De Chouden’s job position did not justify a political affiliation requirement. She was a “staff official who, while indubitably in a policymaking, confidential, and communicative position, is both empowered and constrained by the limits of her specialized functions.” Id. at 9. Unlike the department in Jimenez Fuentes, “her division [was] not a microcosm of the larger agency.” Id. The government emphasized her broad discretion in rule-making, reorganization, accounting policy, investment strategy, and budget and personnel recommendations, but we found the need'for political affiliation lacking:
While these responsibilities signify a position of substance, of valued policy contributions, recommendations, and advice, they involve politically-neutral, technical, and professional matters. Similarly, though plaintiff was indeed an agency spokesperson, there is no suggestion of any “party line” or political, goal-oriented message that she ever communicated.
Id. (emphasis added).
The court today gives only brief consideration to the tasks required of Flynn and Wolfson. The court does not focus on whether Flynn’s and Wolfson’s duties are “politically-neutral,” “technical,” or “professional,” De Choudens, 801 F.2d at 9, or whether their duties are those of a “policy maker, privy to confidential information, a communicator, or some other office holder whose function is such that party affiliation is an equally appropriate requirement.” O’Connor, 994 F.2d at 910. Nor does the court consider factors relevant to this determination such as “relative pay, technical competence, power to control others, authority to speak in the name of policy-makers, public perception, influence on programs, contact with elected officials and responsiveness to partisan politics and political leaders.” Jimenez Fuentes, 807 F.2d at 242.
' Wolfson, as Associate Director for Field Operations, has described her job as:
overseeing the operations at 20 Community centers, including recreation, aquatics, programming, personnel, and budgets, monitoring the various programs of the [Boston Community Centers] for compliance with municipal, state, and federal regulations, providing technical assistance to the non-profit corporate arms of the centers, writing: of the operational and nonprofit fiscal compliance manuals for the agency, and supervision of capital improvements, maintenance, and repairs.
The City submitted a written job description 5 for Wolfson’s position. The description provided that the Associate Director “shall, under the ' Director ... oversee the daily operations of the Boston Community Schools & Recreation Centers Program.” The responsibilities included: monitoring, supervising, and assisting the coordinators; assisting in the governance process as it applies to the formation of new councils; facilitating referral and support networks between local operations; providing technical assistance in the recruitment and hirings of coordinators; and giving orientation and supervision to coordinators during the initial ninety days of employment.
Viewing the evidence in the light most favorable to Wolfson, I do not believe that party affiliation is an appropriate job requirement for her position. , The focus of her responsibilities was community center opera*50tions, and she was involved in “hands-on,” day-to-day operations. Wolfson was responsible for operational concerns such as recreational programs, program personnel and budgeting, maintenance and capital improvements, and compliance with applicable regulations. She testified in her deposition that she oversaw the Boston Neighborhood Basketball League and supervised the aquatics directors for the pools. She explained that she worked with the advisory board and councils for the community centers, and her role was to ensure compliance with the plan of operations. Political party goals do not play a role in these aspects of operations. Rather, her specialized job responsibilities involved “politically-neutral, technical, and professional matters.” De Choudens, 801 F.2d at 9. See Cordero v. DeJesus-Mendez, 867 F.2d 1, 14-15 (1st Cir.1989). Although Wolfson had a connection to some policy-making functions, her specialized functions did not create or impact any policies of the department. See De Choudens, 801 F.2d at 6. There is no doubt that Wolfson occupied an important position with the Boston Community Centers, however, there is no evidence that her position allowed her to make partisan decisions, nor is there any suggestion that she ever communicated any political message. See De Choudens, 801 F.2d at 9. Cf. Hall v. Ford, 856 F.2d 255, 265 (D.C.Cir.1988) (“highly visible spokesman”). Political affiliation is not an appropriate job requirement.
Similarly, Flynn describes his job responsibilities as including the:
oversight of all finance and personnel functions within the [Boston Community Centers], preparation and implementation of the department budget, supervision of state, federal, and private grants management, management of the agency’s payroll and contract functions, providing fiscal, legal, and personnel assistance to the nonprofit corporate arms of the centers liaison to the city’s law department, labor relations, and federal agencies.
Flynn’s written job description6 describes Flynn’s duties as: planning and evaluating administrative procedures for the programs; developing analytical models for use in the evaluations; preparing statistical reports and working with others to evaluate the data; and developing procedural guidelines for appropriate staff.
I agree that reviewing Flynn’s political affiliation claim is a closer question than Wolfson’s because Flynn’s position was more closely involved with policy formulation and confidential information at the Central Office. Nevertheless, viewing the evidence in the light most favorable to Flynn, as we are required to in the appeal from summary judgment, I believe that his position did not concern partisan political interests. Flynn’s position lacked the capabilities of influencing political goals. His affidavit states that he “never worked with the Mayor’s office to establish goals and objectives ... but only to find out what the goals and objectives were.” Flynn explained in his deposition that “[t]he largest political policy issues would be dealt with [sic] the executive director.” Although Flynn was in charge of preparing the department budget, his deposition clarifies that he prepared the budget following the directives from the mayor and executive director. Flynn’s responsibilities seem quite similar to those in Fontane-Rexach v. Puerto Rico Electric Power Authority, 878 F.2d 1493, 1495, 1500 (1st Cir.1988), in which we noted that although the supply officer would not always approach his job in a uniform way, it was improbable that his decisions would involve partisan political goals. Id. at 1496. Likewise, Flynn’s job duties were largely limited to the technical and specialized aspects of finance and budgeting, and his duties beyond those areas carried only a limited potential for influencing political goals. As in De Choudens, Flynn was essentially a staff official with specialized knowledge, and “although his position involved policy-making, the reposing of confidence, and communicating,” such functions were “remote from advancing or thwarting the agen*51cy’s partisan-responsive goals.” See 801 F.2d at 6. Accordingly,, political affiliation is not an appropriate requirement.
I believe that Flynn and Wolfson have presented evidence sufficient to survive.summary judgment on their claim that they were terminated from their jobs because of their lack of political affiliation with the Mayor. Accordingly, I would reverse the district court’s judgment on this issue.
Because I conclude that Flynn’s and Wolf-son’s positions are not political positions, I also part company with the court’s view that they have no First Amendment claim.
Flynn’s and Wolfson’s objections to Riesenberg’s handling of certain sexual harassment claims constitute a matter of legitimate public concern. The allegations bear on Riesenberg’s fitness to serve as Executive Director, similar to the public concern we identified in O’Connor. See 994 F.2d. at 915. Because such statements concern a topic which is a matter of inherent concern to the public, we need not examine plaintiffs’ personal motivations for speaking out. Id. at 915.
I concede that the employees’ objections to Riesenberg about personnel practices present a more difficult circumstance. In Connick v. Myers, 461 U.S. 138, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983), the Court considered a questionnaire circulated by an assistant district attorney, inquiring about matters such as the office’s transfer • policy, office morale and the level of confidence in supervisors. Id. at 141, 103 S.Ct. at 1686-87. The Court concluded that this speech related only to internal office policy and did not touch upon matters of public concern.7 Id. at 154, 103 S.Ct. at 1693-94.
Compared to the speech in Connick, however, the complaints of Flynn and Wolfson about office policies and procedures touch upon matters more likely to be of public concern, i.e., whether the city based personnel decisions on political alliances without regard to qualifications. Because this speech does not necessarily qualify on its face as a matter of public concern, we must examine its context more fully. See O’Connor, 994 F.2d at 914. Unlike the statement in Con-nick, the statements at issue were not made after the adverse employment decision, thus suggesting retaliation, and were not directly related to the plaintiffs’ own employment situation. See 461 U.S. at 148, 103 S.Ct. at 1690-91. While this is a close issue, I am convinced that the employees’ evidence is sufficient to survive summary judgment. Personnel decisions based on political affiliation are much more than an individual employee’s grievance against his employer. See Connick, 461 U.S. at 148, 103 S.Ct. at 1690-91. I do not address the second and third steps of the O’Connor analysis (balancing of interests and consideration of motivations for plaintiffs’ terminations) because the district court did not reach those issues. See 994 F.2d at 912-13. I would only hold that the employees have raised a genuine factual issue as to whether they engaged in speech concerning a matter of public concern protected by the First Amendment.
Finally, I would also allow Flynn and Wolf-son to assert their pendent state law claims for wrongful termination. The district court decided that a “whistleblowing” employee may be entitled to public protection under Massachusetts law. Nevertheless, the court granted summary judgment in the city’s favor on the wrongful termination claim because of its ruling that the employees’ speech criticizing Riesenberg’s decision did not constitute whistleblowing. I have reached a contrary conclusion as to the public nature of the speech in question and, therefore, I would conclude that there is a genuine issue of material fact as to whether the speech at issue falls within the public policy exception. See GTE Products Corp. v. Stewart, 421 Mass. 22, 653 N.E.2d 161, 164-65 (1995).
I would reverse the district court’s judgment.
. While De Choudens granted a preliminary injunction, the only limitation to its ruling is that later development of the record for a permanent injunction could cause a different result if we found "a sufficient nexus” between the position and "policy relating to partisan concerns.” 801 F.2d at 10. The cases cited by the court have uniformly endorsed De Choudens, only finding it distinguishable on its facts. See, e.g., Nunez v. Izquierdo-Mora, 834 F.2d 19, 23-25 (1st Cir.1987); Goyco de Maldonado v. Rivera, 849 F.2d 683, 685-86 (1st Cir.1988).
. Wolfson contends that this description was not the official description when she was employed by the Central Office. The district court relied on Wolfson’s deposition testimony describing her position, and did not rely on this description. Nevertheless, I have reviewed the description and believe it is largely consistent with Wolfson’s testimony describing her job. Flynn and Wolf-son also attached to their affidavits job descriptions contained in the Operations Manual for the Boston Community Centers. The district court, however, struck these affidavits, which were submitted after the close of discovery.-
. Like Wolfson, Flynn contends that this was not the official job description when he was employed by the Central Office. The district court did not rely on this description, but on Flynn’s deposition testimony. Nevertheless, the description appears to be, in many respects, consistent with Flynn’s description of his job.
. The questionnaire did touch upon one matter of public concern—pressure on employees to work in political campaigns—but the Court examined the circumstances of the plaintiff’s circulation of her questionnaire and concluded that it was "most accurately characterized as an employee grievance concerning internal office policy.” 461 U.S. at 154, 103 S.Ct. at 1694.