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TRANSCRIPT
Attention All Units: Standby for a Social Media Emergency
KATHRYN WINN
2016 SDA CONFERENCE
What is social media?
Online communities where users share information
YouTube
How does social media relate to the workplace?
2/3rds of online adults in U.S. use a social networking site*What are they doing on social media related to work?◦ Access SM at work ◦ Discuss work issues or “vent” on SM◦ Follow or communicate with co-workers on SM
*October 8, 2015, Pew Research Center, Social Media Usage: 2005-2016 by Andrew Perrin
How does social media relate to emergency services?
The more channels of communication, the better
A good complement to traditional notification systems - not a replacement
The law in this area is a snake pit
Mostly “old” laws being applied to a new and unique mode of communication
Limited case law, limited guidance
Law is complex and evolving
U.S. Supreme Court hasn’t jumped into the snake pit yet
Part I –Employer / Employee Issues
Can an employer monitor an employee’s computer use and Internet activities on an employer-provided computer and Internet connection?
Monitoring can be a “search”
Fourth Amendment prohibits unreasonable searches and seizures (violates reasonable expectation of privacy)
Generally ok if (1) reasonable grounds for suspecting that it will turn up evidence of misconduct; and (2) limited in scope
City of Ontario v. QuonCity reviewed police officer’s personal text messages sent on a pager issued by the City
City had policy warning that communications can be monitored and employees should not expect privacy
Unreasonable search? NO - work-related purpose and limited in scope
Moral of the story – Have a written policy stating that employees have no expectation of privacy in communications sent on employer-issued devices
Colorado Law RequiresE-Mail Monitoring Policy
Public entities that operate or maintain an email system must adopt a written policy regarding monitoring of e-mails
§ 24-72-204.5, C.R.S.
Can an employer prohibit employees from accessing social media sites while on-duty?
Yes
Can prohibit use of the Internet for any reason during working hours on both employer-issued and personal devices
During breaks, can use personal device
Can an employer terminate or discipline an employee for content posted on a personal social media website?
First Amendment
Colorado “Smokers’ Rights Act”
Personnel policies
….Now entering the snake pit!
Is the Social Media post protected by the First Amendment?
Is the speech made as a citizen regarding a matter of public concern?
Does the employer’s interest in an efficient workplace outweigh the employee’s First Amendment interests?
Case law
Does the “Smokers’ Rights Act” apply?
Prohibits employers from terminating employee for engaging in lawful activity off the premises of the employer during nonworking hours
§ 24-34-402.5, C.R.S.
Can employees express their support for a political candidate by “liking” or following their social media pages?
= Protected Speech
“The Internet equivalent of displaying a political sign in one’s front yard.” (Bland v. Roberts)
Don’t your favorite candidate while on-duty using an employer-issued computer -Colorado Fair Campaign Practices Act
What if an employee posts harassing or discriminatory comments about a co-worker on his Facebook page?
The “workplace” goes beyond the office walls
If employer is aware of it and does nothing, could be liable
Extend your anti-harassment policy to SM and respond promptly to claims of harassment or discrimination
Can employers ask their employees to share their social media account passwords, require an employee to be their Facebook friend, or suggest that they change their privacy settings?
NO!
Colorado Social Media and the Workplace Law. § 8-2-127, C.R.S.
Ok to send a “friend” request to an employee, but cannot require the employee to accept it.
Definition of “employer” is very broad, but excludes law enforcement agencies.
What should be included in a social media policy?
State the purpose of the policy
Prohibit personal use while on-duty, except on personal devices during breaks
Prohibit personal use on the employer’s equipment/Internet connection at all times
What should be included in a social media policy? (continued)
Prohibit disclosure of the employer’s confidential information
Prohibit employees from making defamatory comments
Extend anti-harassment policy to SM
No expectation of privacy when using SM on the employer’s computer equipment
Train employees so they understand the policy
Part II –Use of Social Media by Emergency Services Agencies
Why should an agency use social media for public education?
Fast, easy and effective way to communicate with the public
Disseminate general information to the public about alerts, news, and special events
When possible, get a media release before posting photos or videos of employees, volunteers, or members of the public (including children)
Why should an agency use social media during an emergency?
Again, a very effective way to quickly communicate with a large number of people
The public will be using it (2/3rd of adults)
Broadcast alerts and warnings
Disseminate damage assessment information
Dispel rumors
People expect real-time information updates
What role has social media played in past emergencies?
Hurricane Sandy: 20 million Sandy-related tweets
What role has social media played in past emergencies? (continued)
Boston Marathon Bombings: Boston PD used SM to dispel rumors
What role has social media played in past emergencies? (continued)
What role has social media played in past emergencies? (continued)
LAX Lithium Battery Explosion
LAFD gathered on-scene information prior to arriving by contacting their Twitter followers who had “checked in” to the terminal on FourSquare*
Relatively minor event
*Check in feature is no longer available or FourSquare, but is available on other social media sites such as Facebook and Instagram.
What role has social media played in past emergencies? (continued)
Waldo Canyon Fire
JIC gathered info from Colorado Springs and El Paso County officials and used Twitter to disseminate information and dispel rumors
#WaldoCanyonFire hashtag reached 54.4 million people and drew 119,000 tweets in 15 days
Flickr used to post maps and photos of the fire
People shared their experiences on YouTube
How can an agency effectively use social media during an emergency?
Decide which types of social media you will use and set up accounts
Build your social network before an emergency occurs
Adopt a policy (and include in ICP) – how will SM be used, who is authorized to post, and content/timing/frequency of posts
What information should be included in social media posts?
Cover “what, when, where, why, and who”
Be clear, specific, accurate, and consistent
When changes in instructions are required, explain the reasoning
Dispel rumors
Could posting on social media during an emergency open up the agency to additional liability?
Potential negligence claim if use of social media makes the situation even worse
Generally immune under CGIA
Take-Aways
Snake Pit
Adopt a Policy…and Follow It◦ Use of SM by employees◦ Use of SM by the agency for public education and emergency
management
Stay Informed
Are you a Social Media Hero?!
QUESTIONS & DISCUSSION
Kathryn Winn ([email protected])