New Jersey State League of Municipalities Annual Conference Local Government Communications in a...

New Jersey State League of Municipalities

Annual Conference

Local Government Communications in a Digital World

Atlantic CityNovember 19, 2014

Kenneth S. Fellman, Esq.

Kissinger & Fellman, P.C

kfellman@kandf.com

www.kandf.com

How Are We Communicating Digitally?

Cable Television Access Channels

Municipal Websites

Social Media

Government Access Channel Policies - Purpose

Government access channel intended to strengthen the City’s community outreach program by providing information to citizens about city issues, services, programs, and activities involving or affecting local government and the community

Establish guidelines for the use of access channel

Policies are intended to guide the City Manager or designee in decisions regarding authorized use of the access channel

Policies - Purpose

Designated government access channel to be used for matters directly related to City issues, services, programs, and activities involving or affecting local government and the community, and directly impacting or benefiting citizens of the City

Channel is not a public or education access channel

Not intended to create a public forum, or limited public forum, for purposes of First Amendment rights under the US or State Constitutions

Channel under the authority of City Manager (if you have a council – manager form of government)

Prioritization of Programming

Emergency / public health / safety

Broadcast of government meetings or hearings

Programming of City departments, services or issuesBulletin board content which meets the criteria established to be aired on channel

Prioritization of ProgrammingProgramming of County, State, Federal government and/or City or County boards, commissions and authorities and/or agencies that use public dollars

Programs which feature governmental information or services, cultural, historic or educational material, related to government services or departments

Programs produced by other organizations or persons which meet the criteria established to be aired on the channels and approved by the manager or designee

Other Issues to AddressSchedulingHow programming requests will be evaluatedBulletin board and public service announcementsDisclaimersProhibitions – obscenity; discriminatory/slanderous; religious; anything that would violate FCC regsCopyright Sponsorships/underwritingElection programmingStudio rental by outside partiesGrievance process

Social Media – Why Use It?

Because your public expects it!

Social Media - Benefits

Timely informationIncrease public participation, especially with people who haven’t felt part of the processPublic safety informationMarketingAlmost instant feedbackGreater transparencyYou can say whatever you want!

Social Media - Detriments

You can say whatever you want

Social Media - Detriments

Potential for errors/inaccurate informationQuestionable sources of informationEasier to inadvertently violate open meetings lawsPersonal sites may become government recordsBad info that gets into cyberspace, stays in cyberspace … forever!

Evolution: Law and Social Media

Image courtesy of Time Line of Life: http://wizzyschool.com/cosmiceducation/timeline%20life%20table.php

Law for social media

technologies

Social Media Technologies

Some Positive Uses of Social Media

Some Positive Uses of Social Media

Some Positive Uses of Social Media

Stay tuned for the stuff that can get you into big trouble!

Social Media – Good Planning Requires That You Address …

Legal Issues– With the social media sites you use– With open records/open meetings– With retention policies– Security issues– Employment terms/conditions– Copyright– Litigation holds and discovery

Social Media – Good Planning Requires That You Address …

Legal Issues: First Amendment (is your site a traditional public forum or a limited public forum?)

Social Media – Good Planning Requires That You Address …

Legal Issues: Training of staff and elected officials– Electeds should not use site (government or

personal/political) to discuss government business with each other

– IS YOUR FACEBOOK PAGE A PUBLIC RECORD? avoid making comments or engaging in conversations on personal sites about government issues

Minimize Risk for Your Personal Site

Include disclaimer: “this is not a city record”

Don’t use your official title Don’t solicit “friends” or use contacts gained through your duties at the city Don’t reference your site at public meetings or in official city documents

Minimize Risk for Your Personal Site

Don’t access your site from city-provided computers Don’t use your site to gain or disseminate information about official city business If the site is a campaign site, only use it to discuss campaign issues, future promises and past achievements...not for the implementation of those issues, policies or achievements Always keep your expectations of privacy low!

Best Use (and arguably most legally risky) use of Social Media by a

Politician

Best Use (and arguably most legally risky) use of Social Media by a

Politician

Social Media – Good Planning Requires That You Address …

Legal Issues: Discrimination– Required to provide disabled individuals with equal access to information

– Unless it would pose an “undue burden”

So … be prepared to provide information through alternative means when requested

What Kind of Policies Do You Need?

Social media management

Employees

Public use

Social Media Management Policy

Internal Policy – address relationship between your government’s various social media sitesAdministration of each siteWho maintains the site? Restrictions on who can post Restrictions on what is posted Do you link or post to other gov’t sites? How are records maintained?

Social Media Management - Records

Be prepared to treat all posts, comments, photos, videos as public records

Set up forwarding system of posts, people who join the site, etc., to organizational email account

Periodically save a screen shot to a server and archive comments and posts

Employee Use Policy

Be consistent with government’s social media policy (if any)Be consistent with broader employee policies (harassment, discrimination, computer usage, etc.)Privacy/Confidential informationSupervisors may monitor social media use on government computersNo expectation of privacy for employees

Employee Use Policy

Employers

Be careful how you use itDiscipline decisionsHiring decisionsSupervisors may monitor social media use on government computers … but tell them you’re going to monitor

Public Social Media Use Policy

The purpose and mission of the pagesDefinitions and scope of policyDisclaimers related to comments and linksRestrictions related to access, content and commercial speechExplanation of open records implications

Public Social Media Use Policy

How do you manage comments?– Require comments relevant to the purpose of

the site– Encourage public comments that are

respectful, and not offensive, degrading, obscene, etc.

– Critical comments should not be removed, just because they are critical

Key Issue in management: must be viewpoint neutral

Examples of Social Media Fiascos

Examples of Social Media Fiascos

Examples of Social Media Fiascos

Examples of Social Media Fiascos

Examples of Social Media Fiascos

Social Media Policy Checklist

PurposeDefinitionsAdministrationScope and coverage of policyAuthorized usersType of Forum – 1st Amendment rights – public comment policy Employee usage policy – rules/expectationsNo expectation of privacyAcknowledgement of receipt/acceptance of policyOpen records/open meetings lawInternal site managementCompliance with laws

Kenneth S. FellmanKissinger & Fellman, P.C.303-320-6100kfellman@kandf.comwww.kandf.com