Jim Doherty MRSC Legal Consultant Vancouver, October 2011

1. Social Media: What are the common legal and political issues with elected officials using social media? Jim Doherty MRSC Legal Consultant Vancouver, October 2011

2. The Basics • Who You – but you wear two different hats Official YOU Personal YOU Municipal Research and Services Center - http://www.mrsc.org

3. What • Social media primarily are Internet- and mobile-based tools for sharing and discussing information. Social media users can post photos, video, comment and post links to other information to create content on any imaginable topic. Sometimes this is referred to as “user-generated content” or “consumer-generated media.” Municipal Research and Services Center - http://www.mrsc.org

4. Examples • Facebook • twitter • blogs • Flickr • wikis • YouTube • Others? Municipal Research and Services Center - http://www.mrsc.org

5. Why • Communication – “need” for connection – Municipal Research and Services Center - http://www.mrsc.org

6. Where • Personal computer at home / agency computer at home • Agency computers and servers at agency offices • Mobile devices Municipal Research and Services Center - http://www.mrsc.org

7. When • Anytime • ease, speed, flexibility, “hipness”, feedback – “because it’s there” (why not?) Municipal Research and Services Center - http://www.mrsc.org

8. Less Formal – Is that a plus? • Does the public expect our agencies, officials and employees to always do things perfectly? • What are the advantages of showing the “downs” as well as the “ups”? • Is there a role for humor and admitting that things sometimes don’t work out? Municipal Research and Services Center - http://www.mrsc.org

9. Expectations of the (young) Public • If you are not using social media you must be a dinosaur! • Providing feedback should be quick and easy, not requiring attendance at a public hearing or a public meeting. • If you provide a forum for feedback, you need to respond so that people know the message has been heard. Municipal Research and Services Center - http://www.mrsc.org

10. Election Campaigning • RCW 42.17.130 – public money & facilities cannot be used • Keep official, personal and election websites/pages separate – the same way you do not mix public, private, and campaign funds. Municipal Research and Services Center - http://www.mrsc.org

11. Personal or Public? • You have a frustrating day at the office, so when you get home you go to your Facebook page and rant about the issues: staff mistakes, possible illegal decisions made by other officials, etc. • Is the posting a public record? • Can you delete the posting when you cool off? Municipal Research and Services Center - http://www.mrsc.org

12. How do you keep your social media page “personal” • No public funds or technical assistance • Do not link from agency website/page • Clearly indicate on page that this is not a publicly supported page and that the views expressed are not official Municipal Research and Services Center - http://www.mrsc.org

13. Consider • Do you want to separate your personal life from your official activities? • Is it possible? Municipal Research and Services Center - http://www.mrsc.org

14. Public Records ActChapter 42.56 RCW • Public’s right to access records v. your right to express your views to friends without government intervention or disclosure • Mixing “public” and “personal” gets messy Municipal Research and Services Center - http://www.mrsc.org

15. Records Retention • Public records need to be properly maintained and archived • Public social media sites contain public records • Even deleted, offensive material needs to be maintained Municipal Research and Services Center - http://www.mrsc.org

16. Retention (continued) • Your technical staff should be on top of this issue – software available • Don’t ignore the issue, it will not go away Municipal Research and Services Center - http://www.mrsc.org

17. Open Public Meetings ActChapter 42.30 RCW • Social media encourages interactive communication – that makes it easy to inadvertently violate the statutes • Conversations regarding the making of public policy decisions need to be made in open, public meetings Municipal Research and Services Center - http://www.mrsc.org

18. Public Social Media • What departments or public tasks could benefit from the use of social media? • Tip: where and when would fast or interactive communication be helpful or needed? Municipal Research and Services Center - http://www.mrsc.org

19. Danger Zones • Human resources – hiring • Employee discipline -- Can you discipline employees for badmouthing their supervisors on social media sites? Municipal Research and Services Center - http://www.mrsc.org

20. Policies • Every public agency needs to have a good set of policies regarding the use of social media • When you are handling something “dangerous”, you develop- procedures • Everybody needs to know what is allowed and what is prohibited Municipal Research and Services Center - http://www.mrsc.org

21. Social Media in the Workplace • Is it okay for public employees to access their personal social media sites while at work using public equipment? • Do your employees presume that their computer activities while on the job are “private”? Municipal Research and Services Center - http://www.mrsc.org

22. Danger Zone • Think before you push the “send” button – • An off color joke – an insensitive remark – • A comment made while emotionally upset Posting on a social media site is publishing Municipal Research and Services Center - http://www.mrsc.org