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HomeMy WebLinkAboutResolution No. 189-17 - SocialMediaPersonnelPolicy RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City adopt an amended Social Media personnel policy as well as an amended Policy Statement and Scope. A copy of the policies are attached. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2017. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2017. ________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Res15\\Adopt\\PersPolicy.SocialMediaAmd1 Policy Statement and Scope Policy Statement The City of Rochester, in recognition of the essential rights of all employees and applicants as individuals, shall provide equal employment opportunities without regard to race, creed, color, religion, nationalorigin, age, sex, disability, marital status, or status with regard to public assistance. This policy shall apply to all phases of employment including, but not limited to, recruitment, hiring and promotion in all job classifications. The City of Rochester shall take affirmative action to insure that all personnel actions, such as rate of compensation, employee benefits, transfers, lay-off, demotions, training, terminations and promotions shall be administered without regard to race, creed, color, religion, national origin, age, sex, disability, marital status or status with regard to public assistance. Scope The Common Council of the City of Rochester shall establish, insofar as is permitted by the laws of the State of Minnesota and the Charter of the City of Rochester, a uniform City organizational policy. The rules and regulations organizational policiesadopted by the Common Council shall apply to all officers and employees of the Cityand to all members of City non-Charter boards, commissions, and committees. As permitted by the Home Rule Charter, the policies shall also apply to the,Public Utility Board, Library Board, Park Board, Music Board,Police Department and Fire Department.to the extent that the City Organizational Policy does not conflict with the authorized rules and regulations of controlling boards and commissions of those departments. Where conflict might exist, it is the hope and desire of the Common Council that the respective controlling boards and commission will adopt the City Organizational Policy so that all City officers and employees are subject to the same uniform organizational policies. There are numerous references within these Organizational Polices to the term “employees.” To the extent possible and in light of the fact that members of City boards, commissions, and committees are unpaid volunteers rather than employees in the strict definition of that term, the term “employees” does include unpaid volunteer members of City boards, commissions, and committees. Civil Service Personnel subject to Fire and Police Civil Service rules and regulations shall also be governed by the City Organizational Policiesyto the extent permitted by law. CITY OF ROCHESTER ORGANIZATIONAL POLICY SOCIAL MEDIA POLICY Purpose The Citywishes to establish a positive and informative social media presence.While social media platforms are generally considered to be informal interactive methodsof communication, it is held to the same legal standards as other forms of more traditional communication. Therefore,City Representativeshave the responsibility to use social media resourcesin an efficient, effective, ethical,and lawful manner pursuant to all existing organizationaland 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 informationwhere 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, LinkedIn, 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 theCity 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 bemodified or removedat any time and without notice, as described in this document. The organizationalsocial media accounts are considered a City asset and administrator access to these accounts must be securely managedin accordance with the City’stechnologypolicy.All social media websites createdand utilized during the course and scope of aCity Representative’s performance of his/her job dutiesorvolunteerre- sponsibilitieswill be identified as belonging 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 City Representativesare often considered public am- bassadors 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 Page | 1 CITY OF ROCHESTER ORGANIZATIONAL POLICY positions, such aslaw enforcement,it is necessary that these City Representatives 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’ssocial mediaaccountsby all City Representa- tives. For purposes of this policy, the term “CityRepresentatives”includesallCity employees,agents(i.e. inde- pendent contractors), Council members, andappointed board or commission membersand all volunteers.Ques- tions regarding the scope of this policy should be directed to the City Director of Information Technology Systems. Professional Rules of Usefor City Social Media Websites City Representativeswhoare responsible for managing social media websitesmust maintain a high level of ethical conduct and professional decorum.Failure to do so may be grounds for revoking the responsibility to participate in City social media sites, blogs or other social media outlets. Departments wishing to have a new social media presence must initially notifythe City Enterprise IT Security Spe- cialistwho willlog the existence of suchan account. Department heads will be responsible to ensure City policies are followedrelative 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 aCity 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 mediawebsitesmust 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 aCity Representative’s perfor- mance of his/her job or volunteer 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 relationsmatters. Nosocial media website maybe used by any City Representativeto disclose non-public, private or confidential informationas defined by the Minnesota Government Data Practices Act.Nor should the City’ssocial media website be used to make any statement that undermines the mission or corevalues 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 thewriter andalso on the Cityas a whole, including elected officials and other City Representativesand agents,and volunteer board, commission, and committee members. Therefore, it is important to be mindful of the appropriateness of the content.As such, theseguidelines should be followedto promote a positive organizational image: Ensure information is accurate and free ofgrammatical errors. Page | 2 CITY OF ROCHESTER ORGANIZATIONAL POLICY Content must be administered in a manner that is compliant with relevant records retention schedules and departmental policies. Avoidnegative comments regardingcommunity partners or their services, or using such material as part of any content added to a site. Avoid sharinginformation related to pending decisions thatwould compromise negotiations. Media sites must contain a statement that information posted may be subject to open records/right to know laws;information posted maybeconsidereddiscovery data in legal cases. Whereappropriate, social media sitesshould state that the opinions expressed by visitors maynot 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. City Representatives 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 Moderationfor City Social Media Websites 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. Commentsposted by members of the publicwill bemonitored andremovedif 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 thediscussion Contains offensive remarks Endorses, supports, or opposes aproduct, service, company,political campaign,candidate, or religious cause When public comments are solicited using social media, the administrator should provide noticeas to when com- ments will only be monitoredfor response purposes. Further, notice shall be provided that comments may be subject to disclosure as public records. Personal Social Media Use The City respects City Representatives and agents’ rights to post and maintain personal websites, blogs,and social media pagesand to use and enjoy social media on their own personal devices during non-work hours.Because City Representatives are viewed asrepresentatives of the City, they arerequiredto act in a prudent manner with regard to website and internet postings that reference the City, its personnel, its operation or its property.City Page | 3 CITY OF ROCHESTER ORGANIZATIONAL POLICY Representatives may not use a City brand, logo, or other official organizationalidentifiers on their personal sites, nor post information that purports to be the position of the City without prior authorization. City Representativesare discouragedfrom identifying themselves as City employees, agents, or members of City boards, commissions, and committees when responding to or commenting on blogs with personal opinions or views. If a City Representativechooses to identify him or herself as a Cityemployee,agent, or member of a City board, commission, or committee,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 occasionalpersonal use of City email and social media websites during work or volunteer hours is permittedproviding the cost is negligible, it does not interfere with the City Representative’s job performance or with the workplace and it does not involve prohibited activities. Personal social media use during the workor volunteer day shallonly occur during aCity Representative’s lunch or break time. City Representativesshould also review the ownership section of this policy (below). City Representatives are cautioned that speech on-or off-duty, made pursuant to their official duties –that is, that owes its existence to the City Representative’sprofessionalduties and responsibilities –maynot be protected speech under the First Amendment and may formthe basis for disciplinaryor removalaction if deemed detrimental to the City or the department.However, when a City Representativespeaks on a matter of public concern as a private citizen and the statement does not interfere with the City Representative’s jobor volunteerresponsibilities, the speech may be protected under the First Amendment. When personal use of social media(even if it is off-duty or using theCity Representative’s own equipment) spills over into the workplace, it may becomethebasis for coaching or discipline.Examples of situations where this might occurincludethe following: Non-compliancewith 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 (ifthere 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 City Representative’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, ora human resource consultant. Page | 4 CITY OF ROCHESTER ORGANIZATIONAL POLICY Rochester Police Department: Any employee of the RochesterPolice Department 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, investigations and personnel data. Data Ownershipof City Social Media Websites All social media communications or messages composed, sent,or received on City equipment in an official capacity are theproperty 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 aCity Representativeis representing the City in any capacity. The City retains the right to monitorCity Representative’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 communi- cation. Policy Violations Any employeewho 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 theManager of Infor- mation Technology.Policy violations for all other City Representatives should be reported to the City Administrator who will forward the information on to the appointing authority for appropriate follow-up and action as provided in the Home Rule Charter or City Ordinances. Any violations ofthis policymay result in disciplinary action up to and including discharge from employmentor removal from a City board, commission, or committee. Created July2016, Revised February 2017 Page | 5