Social Media Pitfalls for Municipalities: Addressing First Amendment, Document Retention, Employment Issues and More Drafting Policies for Local Government Officials and Employees on Using Twitter, Facebook and Blogs Today’s faculty features: 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10. THURSDAY, JANUARY 23, 2014 Presenting a live 90-minute webinar with interactive Q&A Alan J. Bojorquez, Principal, Bojorquez Law Firm, Austin, Texas Brian J. Lamoureux, Partner, Pannone Lopes Devereaux & West, Providence, R.I.
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Social Media Pitfalls for Municipalities: Addressing First Amendment, Document Retention, Employment Issues and More Drafting Policies for Local Government Officials and Employees on Using Twitter, Facebook and Blogs
• But many state courts look to NLRB/NLRA for guidance
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SOCIAL MEDIA POLICIES
• NLRB enforcement
• Most policies struck down
• Breadth = death
• Why? Concerted activity – Section 7 rights
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SOCIAL MEDIA POLICIES
• courtesy clauses
• general disclaimers or savings clauses
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POLICY CONTENTS
• State reasons for policy
• Permit employees to speak on social media – But, emphasize common sense/good judgment
• Define off-limits information (social security numbers, confidential health info, etc.)
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POLICY CONTENTS
• Prohibit disclosure of trade secrets or confidential information
• Tie policy to municipality’s other polices
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FIRST AMENDMENT/LABOR ISSUES
• Two police officers created website to allow officers to discuss working conditions and to provide comic relief by way of satirical fiction
• Website contained racist and sexist material
• Chief suspended officers after they refused to take down website
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FIRST AMENDMENT/LABOR ISSUES
• Town firefighter posted messages referring to Deputy Chief as an “xxxhole” and showed another employee image of two animals fornicating and referred to them as the Fire Chief and Town Manager
• Posted highly offensive comments regarding co-workers while on duty
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DIGITAL DEVICES
• Verizon case (Ohio)
• Line between “personal” and “public” is blurry • Who paid for device? • Who pays bill? • Separate mailboxes on device? • Reasonable expectation of privacy?
• What’s the definition of “public record?”
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DIGITAL DEVICES
• What do you do when employee returns municipal device after termination?
• Do you have IT protocol to wipe device?
• Do you require employee to reset device?
• Do you require a signed acknowledgement?
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ELECTION YEAR
Prediction:
Incumbent candidates will get in hot water for using public…
Devices
Platforms Resources
Funds Worker time
Social media accounts
… to campaign
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ELECTION YEAR
Rhode Island:
• Can’t use public funds to pay for broadcast or distribution of photograph or voice of elected official who is a candidate during 120 days before election
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ELECTION YEAR
Massachusetts:
• Incumbents can use public resources to respond to opponent’s criticism, but can’t use public resources to attack election opponents
• “Public resources may not be used to prepare or distribute
materials which promote, oppose or otherwise seek to influence a ballot question.”