Mfoa social media presentation

Managing Social Media Risks and More

2011 MFOA Annual ConferenceSeptember 22, 2011Dan Michaluk


Outline

• Harm from off-duty expression• So you want to blog eh?• Policy model for managing social media risks• Current employees as targets


Current Employees as Communicators

Bob and Sue had a long day. They go to the Dirty Dog Pub after work and, over the course of four

hours, take jabs at their supervisor, Phil.



Jack had a long day. He goes home, cracks open a beer, and boots up his home computer.

Using a picture of his supervisor taken from the company intranet and some internet based

software, he alters the picture so the manager looks ridiculous.

Jack posts it to his Facebook page. He feels good.



• Duty of fidelity applies when employee expression is likely to negatively affect a legitimate employer interest

• All other activity is “private”• The kind of social interaction we engage in today is more

likely to conflict with employer interests• Duty of fidelity is the basis for conflict of interest and other

restrictive policy• Charter of Rights and Freedoms invites a very contextual

balancing, but duty of loyalty can prevail



• Employee speech can negatively…• …affect an employer’s duty to other employees

• …affect an employee’s ability to do his/her job

• …affect public perception of employee performance

• …affect an employer’s reputation*

*though government entities must tread carefully


So you want to blog eh?

Tim is the CAO at an upper tier municipality who fancies himself a social media guru. He sends

and e-mail to all that says, “We ought to be leaders in our field. Accordingly, I encourage all of you to use social media to advance our municipal

interests.”



• Risks• Tim could now be responsible for everything his

employees do online

• The municipality may now be responsible for a large

wage and overtime bill for “work” assigned by Tim



• Trend in Ontario• Number of Ontario municipalities using social media

more than doubled in six months (April to October

2010)

• Grew from less than 20 to well over 50, out of a total

of 444 municipalities

Source: Redbrick Communications


Policy Model for Managing Risk

• Municipalities should consider two policies• One that guides all employees

• One that guides those who are licensed to speak on

behalf of the municipality



• Policy for all employees – theme• You can do it if you want

• Here’s how you meet our expectations

• Be careful• If you publish to “friends” you’re still accountable• Identifying yourself as an employee comes with risks

• Identify special risks (e.g., relating to care and

control of sensitive personal information)



• Policy for all employees – content• Start with a statement of principle

• Then rules that address• Confidential information, personal information• Respect for other employees, clients, citizens• Conflict of interest, conflict with job duties• Time theft

• Refer to other policies

• Offer support



• The operators of the City’s water system have received four reports from residents complaining that their drinking water has a bitter taste and an odd smell. The City’s investigation is underway.

• On the City’s Facebook page, a resident makes a tongue-in-cheek post stating, “My water tastes like it came out of the swamp down the road!” Shelly is a summer student and “deputized” social media communicator for the City.

• Shelly readies herself to respond.



• License “deputized communicators” on special terms• Establish clear objectives

• Create a workable review process

• Measure time, effort and outcome

• Pay wages for work, reward performance



• Green light, yellow light, red light• A model for your deputized communicators

• An attempt to balance control and creativity


Employees as Targets

Josie is a senior municipal administrator who has gone though some tough personal circumstances.

One fall evening she’s caught driving 140km down a side road under the influence and is

charged.*

*Scenario entirely fictitious



The story runs in the news, and is re-posted by a local citizens’ advocate. Over the next week about

50 others (all anonymous) post comments. The dialog degrades quickly to one about the

employee’s sexual reputation. Defamatory comments are made about her and other

municipal employees.

What’s a CAO to do?



• Duty to provide a safe and harassment free workplace• Under human rights legislation

• In some provinces under health and safety

legislation

• There must be a nexus to the workplace

• If there is, there is a duty to take reasonable steps to

provide a safe and harassment free workplace



• A defamation claim is about damage to reputation• It is a very personal claim, about vindication of

reputation

• It is hard on plaintiffs because it invites a trial of their

reputation

• Injunctive relief is generally not available



• A defamation claim is about damage to reputation• An employer may have duty to support an employee

who has been defamed (fact-specific)

• But it is highly questionable that supporting a

defamation lawsuit is part of that duty



• Consider the expression, don’t react to it• Show support for the employee• If you take steps to facilitate “takedown,” make

clear that you’re taking one step at a time• Frame your engagement properly from the outset• Tell the employee to get independent legal advice

(Defamation claims are time-sensitive!)


To contact me

Dan Michaluk

[email protected](416) 864-7253

http://ca.linkedin.com/in/danmichaluk

twitter: @danmichaluk


2011 MFOA Annual ConferenceSeptember 22, 2011Dan Michaluk

Business

Mfoa social media presentation