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HomeMy WebLinkAboutN-209 - Personal Social Media Use CITY OF PASCO ADMINISTRATIVE ORDERS Administrative Order No. 209 Personnel Policies & Procedures Subject: Personal Social Media Use Initial Effective Date: May 10, 2017 Revised Approved I. PURPOSE: The purpose of this policy is to establish guidelines for employees on their off-duty personal use of social media. City employees are cautioned that their speech either on or off duty, and in the course of their official duties that has a nexus to the employee’s professional duties and responsibilities, may not necessarily be protected speech under the First Amendment of the United States Constitution. Social Media is defined here as the use of third-party hosted online technologies that facilitate social interaction and dialogue. Social Media includes social networking sites like Facebook, micro-blogging tools such as Twitter, and audio-visual networking sites such as YouTube and Instagram. II. DEPARTMENTS AFFECTED: All III. REFERENCES: A. First Amendment of the United States Constitution B. Revised Code of Washington (RCW) Chapter 42.56 “Public Records Act” C. RCW 63.60 “Personality Rights” D. City of Pasco Administrative Order (AO) 206 “Professional Behavior” IV. POLICY: A. Employees are free to express themselves as private citizens on social media sites to the degree that their speech does not impair or impede the performance of their duties, damages the City’s relations in the community, impair discipline and harmony among coworkers, or is untrue, presents the City in a false light or divulges confidential information or plans about the City or their department. Employees may want to consider how/if they reference their employment on social media; however, even omitting such references may not insulate their social media activity from being associated with the City. Administrative Order No. 209 – Personal Social Media Use Page 2 B. Regardless of any privacy settings on various social media platforms, social media is not private. Information becomes public the moment it is published on the Internet. Employees should assume that co-workers, members of the City’s management, elected officials, and the public will see anything and everything posted online, and act accordingly. C. Posting information that is City related may be considered a public record under the Public Records Act; if requested, this information (and other personal information related to the request) may be required from the employee’s social media sites. D. Employees shall not post, transmit, or otherwise disseminate any information to which they have access as a result of their employment or assignment without written permission from their Department Head or designee. E. Employees may not: i. Divulge information gained by reason of their position or authority; make any statements, speeches, appearances, endorsements or publish materials that could reasonably be considered to represent the views or positions of the City or their department without express authorization from the Department Head. ii. Use social media in a manner that discloses the City’s confidential or other sensitive information. F. All employees should be aware that they may be subject to litigation for publishing or posting false information that harms the reputation of another person, group, or organization, otherwise known as defamation to include: i. Publishing or posting private facts and personal information about someone without their permission that has not been previously revealed to the public, is not of legitimate public concern, and would be offensive to a reasonable person; ii. Using someone else’s name, likeness, or other personal attributes without that person’s permission for purposes of advertising products, merchandise, goods, or services, or for purposes of fund-raising or solicitation of donations (per RCW 63.60); or iii. Publishing the creative work of another, trademarks, or certain confidential business information without the permission of the owner. G. Employees should be aware that privacy settings and social media sites are constantly in flux, and they should never assume that personal information posted on such sites is protected. H. Employees should expect that any information created, transmitted, downloaded, exchanged, or discussed in a public online forum may be accessed by the City or the public at any time without prior notice. V. POLICY ENFORCEMENT: A. Violations of this policy will be considered the same as a violation of “Professional Behavior,” AO 206, and the disciplinary action process, up to and including termination, is contained therein. Approved: May 9, 2017 Dave Zabell, City Manager Date