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HomeMy WebLinkAboutResolution No. 483-16 - SocialMediaPersonnelPolicy.RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City adopt a Social Media personnel policy. A copy of the policy is attached. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ATTEST: CITY CLERK DAY OF , 2016. PRESIDENT OF SAID COMMON COUNCIL APPROVED THIS DAY OF , 2016. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Res15\Adopt\PersPolicy. Social Media CITY OF ROCHESTER ORGANIZATIONAL POLICY SOCIAL MEDIA POLICY Purpose The City wishes to establish a positive and informative social media presence. While social media platforms are generally considered to be informal interactive methods of communication, it is held to the same legal standards as other forms of more traditional communication. Therefore, City representatives have the responsibility to use social media resources in an efficient, effective, ethical, and lawful manner pursuant to all existing organizational and departmental policies. This policy is not meant to address one particular form of social media, rather social media in general, as advances in technology will occur and new tools will emerge. Definition Social media refers to all online technological platforms that facilitates social interactions and dialogue. It is a means of electronic communication, internet and mobile -based applications, email, websites and functions, for sharing and discussing information where users can post photos, video, comments and links to other information to create con- tent on any imaginable topic. This may be referred to as "user -generated content" or "consumer -generated media." Social media includes, but is not limited to: • An ever emerging list of new web -based platforms generally regarded as social media or having many of the same functions as those listed below • Social networking sites such as Facebook, Linkedln, Twitter, and online dating services/mobile apps • Blogs • Social news sites such as Reddit and Buzzfeed • Video and photo sharing sites such as YouTube, Instagram, SnapChat, and Flickr • Wikis, or shared encyclopedias such as Wikipedia Policy Each department head in the City of Rochester, or his/her appointed designee, will determine how its web -based social media resources will be designed, implemented and managed as part of its overall communication and infor- mation sharing strategy. Any City social media sites may be modified or removed at any time and without notice, as described in this document. The organizational social media accounts are considered a City asset and administrator access to these accounts must be securely managed in accordance with the City's technology policy. All social media websites created and utilized during the course and scope of an employee's performance of his/her job duties will be identified as belong- ing to the City, including a link to the City's official website. The City recognizes the role that social media plays in the personal lives of City representatives. As such, this policy provides precautionary guidelines pertaining to the personal use of social media. Nothing in this policy is intended to prohibit or infringe upon any communication, speech or expression that is pro- tected or privileged under law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws. However, because employees are often considered public ambassadors who occupy a trusted position in the community, their statement have the potential to contravene the policies and performance of the organization. Due to the nature of work and influence associated with certain positions, such Page11 CITY OF ROCHESTER ORGANIZATIONAL POLICY as law enforcement, it is necessary that these employees be subject to certain reasonable limitations on their speech and expression. Scope This policy applies to any existing or proposed social media websites sponsored, established, registered or author- ized by the City. This policy also covers the private use of the City's social media accounts by all City representa- tives, including all employees and agents (i.e. independent contractors), Council members, appointed board or commission members and all public safety volunteers to the extent it affects the City. Questions regarding the scope of this policy should be directed to the City Director of Information Technology Systems. Professional Rules of Use City employees and agents who are responsible for managing social media websites must maintain a high level of ethical conduct and professional decorum. Failure to do so may be grounds for revoking the responsibility to par- ticipate in City social media sites, blogs or other social media outlets. Departments wishing to have a new social media presence must initially notify the City Enterprise IT Security Spe- cialist who will log the existence of such an account. Department heads will be responsible to ensure City policies are followed relative to the content placed on social media sites (this includes retention of data and compliance with the Minnesota Government Data Practices Act). All sites will be clearly marked as a City or departmental site, will prominently display appropriate contact infor- mation, and will be linked with the official City website (www.rochestermn.gov). No one may establish social media accounts or websites on behalf of the City unless authorized in accordance with this policy. Administration of all social media websites must comply with applicable laws, regulations, City policies and business expectations, as well as the core values and proper business etiquette. City social media accounts accessed and utilized during the course and scope of an employee's performance of his/her job duties may not be used for private or personal purposes or for the purpose of expressing private views on personal, political or policy issues or to express personal views or concerns pertaining to City employment rela- tions matters. No social media website may be used by any City representative to disclose non-public, private or confidential information as defined by the Minnesota Government Data Practices Act. Nor should the City's social media website be used to make any statement that undermines the mission and values of the City. If there is any question as to whether information is private, confidential or sensitive, contact the City Attorney, department head, Director of HR, or the City Clerk. When using social media sites, all representatives will act in a professional manner by adhering to all personnel and technology policies, City values, City ordinances, and applicable local, state and federal laws. As a reminder, media content will reflect on the writer and also on the organization as a whole, including elected officials and other em- ployees and agents, therefore, it is important to be mindful of the appropriateness of the content. As such, these guidelines should be followed to promote a positive organizational image: • Ensure information is accurate and free of grammatical errors. • Content must be administered in a manner that is compliant with relevant records retention schedules and departmental policies. Page 12 CITY OF ROCHESTER ORGANIZATIONAL POLICY • Avoid negative comments regarding community partners or their services, or using such material as part of any content added to a site. • Avoid sharing information related to pending decisions that would compromise negotiations. • Media sites must contain a statement that information posted may be subject to open records/right to know laws; information posted maybe considered discovery data in legal cases. • Where appropriate, social media sites should state that the opinions expressed by visitors may not reflect the opinions of the City. • Contain a statement indicating the City maintains the right to remove obscenities, inappropriate comments, or any content that violates state/federal laws. • Employees must never use their City email account or password in conjunction with any personal social media platform. • Avoid stating partisan political views. • Ensure compliance with state open meeting laws. Content Moderation The City may use social media platforms as an opportunity to receive information or feedback from the public. In such instances, the City reserves the right to create appropriate rules regarding the moderation and review of any social media platforms. Comments posted by members of the public will be monitored and removed if they are abusive, obscene, defamatory, criminal, in violation of the copyright, trademark right or other intellectual property right of any third party, or otherwise inappropriate or incorrect. Inappropriate postings that may include discrimina- tory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated. The following are examples of content that may be removed by City staff before or shortly after being published: • Potentially libelous comments • Obscene, harassing, or racist comments • Personal attacks, insults, or threatening language • Plagiarized material • Private, personal information published without consent • Comments totally unrelated to the topic of the forum • Commercial promotions or spam • Hyperlinks to material that is not directly related to the discussion • Contains offensive remarks • Endorses, supports, or opposes a product, service, company, political campaign, candidate, or religious cause When public comments are solicited using social media, the administrator should provide notice as to when com- ments will only be monitored for response purposes. Further, notice shall be provided that comments may be subject to disclosure as public records. Personal Social Media Use The City respects employees and agents' rights to post and maintain personal websites, blogs, and social media pages and to use and enjoy social media on their own personal devices during non -work hours. Because employees are viewed as representatives of the City, they are required to act in a prudent manner with regard to website and internet postings that reference the City, its personnel, its operation or its property. Employees and agents and others affiliated with the City may not use a City brand, logo, or other organizational identifiers on their personal sites, nor post information that purports to be the position of the City without prior authorization. Page 13 CITY OF ROCHESTER ORGANIZATIONAL POLICY Employees and agents are discouraged from identifying themselves as City employees when responding to or commenting on blogs with personal opinions or views. If an employee chooses to identify him or herself as a City employee, and posts a statement on a matter related to City business, a disclaimer similar to the following must be used: "These are my own opinions and do not represent those of the City." Incidental and occasional personal use of City email and social media websites during work hours is permitted providing the cost is negligible, it does not interfere with the employee's job performance or with the workplace and it does not involve prohibited activities. Personal social media use during the work day shall only occur during an employee's lunch or break time. Employees and agents should also review the ownership section of this policy (below). Public employees are cautioned that speech on -or off -duty, made pursuant to their official duties — that is, that owes its existence to the employee's professional duties and responsibilities — is not protected speech under the first Amendment and may form the basis for disciplinary action if deemed detrimental to the City or the department. However, when an employee speaks on a matter of public concern as a private citizen and the statement does not interfere with the employee's job responsibilities, the speech may be protected under the First Amendment. When personal use of social media (even if it is off -duty or using the employee's own equipment) spills over into the workplace, it may become the basis for employee coaching or discipline. Examples of situations where this might occur include the following: • Non-compliance with any existing City and/or departmental policies and the code of ethical behavior (see Code of Employee Conduct policy) • Cyber-bullying, stalking or harassment • Release of confidential or private data (if there are questions about what constitute confidential or private data, contact the City Clerk) • Unlawful activities • Misuse of City -owned social media • Inappropriate use of the city's name, logo or the employee's position or title • Using City -owned equipment or time for extensive personal social media use • Posting information that is harmful to the reputation of another person, group, or organization • Posting information that could compromise the safety or privacy of other individuals • Posting, transmitting, or disseminating any information to which they have access as a result of their em- ployment without written permission • Publishing information using another person's name without that person's permission Each situation will be evaluated on a case -by -case basis because the laws in this area are complex. If you have any questions about what types of activities might result in discipline, please discuss the type of usage with your supervisor, department head, or a human resource consultant. Rochester Police Department: Any individual who can be identified as an employee of the Rochester Police De- partment has no reasonable expectation of privacy when social networking online, and is subject to all pertinent City policies, department regulations, local, state and federal laws regarding public information on arrests, investi- gations and personnel data. Page 14 CITY OF ROCHESTER ORGANIZATIONAL POLICY Data Ownership All social media communications or messages composed, sent, or received on City equipment in an official capacity are the property of the City and will be subject to the Minnesota Government Data Practices Act. This law classifies certain information as available to the public upon request. The City also maintains the sole property rights to any image, video, or audio captured while an employee is representing the City in any capacity. The City retains the right to monitor employee's social media use on City equipment and will exercise its right as necessary. Users should have no expectation of privacy. Social media is not a secure means of communication. Policy Violations Any employee who is aware or has knowledge of a posting or of any website or web page in violation of the provi- sions outlined in this policy shall immediately notify his/her supervisor, department head, or the Manager of Infor- mation Technology. Any violations of this policy may result in disciplinary action up to and including discharge from employment. Created July 2016 Page 15