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Adopt Policy to Avoid Social Media Risk
Social media is a new world of opportunity for local governments to communicate with citizens and receive feedback. Its risks are similar in nature to those of other types of communication, but with a different twist because material circulates so widely and there are many potential contributors. One recommended tool for addressing these risks is to adopt a social media policy. But what should be in that policy? It is not an easy question to answer.
You can find many local government social media policies are posted online, but this is an area where one size definitely does not fit all. Social media policies do not stand in isolation. They usually incorporate related policies by reference, and policies that address other issues are often amended to include social media specific provisions. Thus, social media policies are often a web of interrelated policies. Each government must take an individual approach to ensure that all these diverse parts come together to meet its unique needs.
In case you don’t think a social media policy is necessary for your small local government, or if you just aren’t sure why it could be so important, consider the following scenarios and what the impact would be if one of them happened to you.
A local government employee uses his or her personal social media to post something that reflects poorly on your entity.
An employee Tweets sexually suggestive photos. Or a firefighter posts on his or her social media site photos in uniform with comments on medical calls to which he or she has responded.
Both work and social media are integral parts of employees’ lives, but they often do not realize how much the boundaries blur. In the past, indiscretions had limited circulation. Now they can go viral. With that power comes potential harm to the employer if the employment relationship is identifiable.
- Employees have freedom of speech rights, but local government can require employee behavior be appropriate if it can be linked back to and reflect on the government.
- Have an employee code of conduct that prohibits inappropriate behavior by employees that could reflect on the local government, whether it occurs on duty or off-duty.
- Have a policy that identifies information considered to be private or confidential and not for release on social media sites, such as a fellow employee’s health or personnel status, medical care provided to an injured citizen or personal injury lawsuits against the city.
- Remind employees that posts on social media outlets can be traced by anyone, anytime. There is no privacy in social media.
- Discuss and determine how policies on personal use of social media will be enforced. Decide how the local government will respond if it receives a complaint.
While off-duty, an employee criticizes his or her government employer on a personal or professional social media site.
An emergency manager networks with other emergency managers through a social media site. The emergency manager from a city devastated by flooding posts on that site while off-duty a comment that his employer did not make available adequate resources for the flood fight.
Employees often network with their peers through personal social media or professional social media. Professional networking is actually useful to the local government, because its employees can learn from others in similar positions. With that benefit, however, comes the possibility that the employee will occasionally say something unfavorable about the employer.
An employee who posts on personal or professional social media sites while off-duty about a matter of public concern is probably acting within first amendment rights, even if the posting is critical of the government employer. Even a critical off-duty posting that is not about a matter of public concern is likely not grounds for employment action against the employee unless the employee has violated some other policy, for example, disclosed private or confidential information or otherwise violated the employee code of conduct. Taking employment action against an employee based on off-duty personal or professional postings is a risk in itself.
- Have a policy that requires employees posting on sites where their employment by the government is apparent to disclose that their comment reflects their own personal opinion, and not that of their government employer.
- Train employees that the employee code of conduct applies to their off-duty social media activities just as it would to other off-duty activities.
- Get legal advice before taking employment action against an employee for personal or professional postings; your coverage for a wrongrul termination suit depends on this.
A local government employee uses personal social media to harass or defame.
A supervisory level employee uses personal social media to harass a subordinate for filing a workers’ compensation claim. Or an employee reads a citizen-activist blog and responds with overly zealous and potentially defamatory arguments in the comments section. The targets react by claiming harassment, retaliation and defamation.
An employee’s use of personal social media can reflect back on the local government if the employment relationship is apparent on the posting. Social media also provides another venue for negative interactions between employees, and one that is not easily controlled by the employer.
- Employees have freedom of speech rights, but local governments can require employee behavior be appropriate if it can be linked back to and reflect on the government or if it directly affects another employee or someone linked to the harasser through the local government entity.
- Have a written policy regarding inappropriate behavior by employees that could reflect on the local government, whether it occurs on- or off-duty.
- Have a written policy that requires employees posting on sites where their employment by the government is apparent to disclose that their comment reflects their own personal opinion, and not that of their government employer.
- Remind employees that posts on social media outlets can be traced by anyone, anytime. There is no privacy in social media.
- Train supervisors to use caution in establishing social media friendships with subordinates, to follow the same rules in those relationships that they would follow in the office, and to avoid discussing job performance issues through social media
An employee who is not designated to officially post on behalf of the local government posts a comment that violates the government’s comment policy. The government removes the post. The employee claims that her free speech rights have been voilated.
Many local government social media sites are open for comments by the public. Employees who are members of that community can post as citizens, but they are subject to the same comment rules as anyone else.
- Train all employees that they are subject to the requirements of the comment policy when posting on their own behalf.
- Include compliance with the comment policy as part of the government’s employee code of conduct and include specifics about possible employment ramifications for employee comment policy violations.
There are risks to undertaking any new activity, but social media is a powerful tool for local governments looking for new and cost-effective ways to engage their citizens. Just be sure to adopt social media with due consideration and planning. This means having clear objectives, knowing the target audience, selecting the right social media for the task, and taking the time to develop the right policy. Social media evolves quickly, so it is a good practice for the social media policy to remain platform neutral, and to review and revise it frequently to meet the changing environment.
Stay ahead of the changing social media landscape. Your AMLJIA Human Resources staff can help you craft a social media policy. Call Kate Young or April Jacobs today at 1-800-337-3682.
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