The Jackson Fire Department issued a memo on social media, while the City itself is still developing a full policy. The Department’s memo encourages employees not to: publicly discuss issues that might be detrimental to the Department or that might conflict with the duties and ethics of a firefighter; to air personal grievances; and clarify that their opinions are their own and not those of the Department.

The rise of social media outlets like Facebook, LinkedIn, and Twitter presents an important communication opportunity for public entities and their constituents. However, the use of social media needs to be carefully planned to avoid pitfalls. Social media is, by definition, an interactive tool intended to create conversations among users and provide a venue for commentary and feedback. For public entities, the tool is useful for broadcasting to a growing internet audience, but allowing feedback and conversation can be a risk. Like the Jackson Fire Department, every government entity will need to have a conversation about the inherent conflict between an individual’s free speech rights and the government’s legitimate right to protect the government service.

Although it is important for public entities to use as many of these communication channels as practicable, the constant need to update and monitor social media outlets drains staff resources.

Public entities must also consider how they will comply with their archiving and public records responsibilities when communicating in an electronic format.

It should be clear to constituents that messages intended for the public agency should be conveyed through the agency’s official website. For example, a public records request or other official query won’t necessarily be recognized via Twitter or Facebook.

These considerations are plaguing the private sector, as well. McDonald’s launched a Twitter campaign last week with the hash tag: “#McDstories.” 

When users co-opted the hash tag to distribute negative stories about McDonald’s, the company rapidly ended the campaign. The company stated in an email to the Silicon Valley Business Journal: "With all social media campaigns, we include contingency plans should the conversation not go as planned. The ability to change midstream helped this small blip from becoming something larger." This is a wise strategy for any entity using social media, public or private.
 

Nearly a year in the making, the amended terms alter Facebook's standard terms as applied to state and local governments utilizing Facebook Pages for official use. Facebook Pages are different from the average individual person’s profile in that they are intended to promote businesses and other commercial, political, or charitable endeavors. The agreement, already in effect and applied retroactively to governments with an existing Facebook presence, eliminates Facebook’s choice of venue and governing law clauses while limiting a government agency’s indemnification of Facebook for the agency’s actions to the extent permitted in the agency’s jurisdiction. In Washington, the site’s general indemnification terms, protecting Facebook from “claims related to [a government’s] actions, content or information on Facebook,” may apply to local governments and state agencies as these entities generally have authority to contract for indemnification.

While this agreement resolves some issues facing governments interested in developing a social media presence, there will likely be continued growing pains as bureaucratic organizations deal with the increasingly complex electronic world. Local governments will continue to manage concerns on many social media fronts, including public records in cyberspace and user comments on Facebook and Twitter posts.

A number of County agencies are beginning to use online social media to engage and communicate with the public.  For example, Metro Transit uses its Twitter page to update commuters on the status of various bus routes – a tool that was especially important during the recent November snow storm. In light of the growing use of Facebook, King County Elections now uses its Facebook page to encourage young voter registration and to educate King County residents about the County’s mail-in ballot system. The King County Council wants to ensure that public posts on these and other County social media sites comply with public record laws.

The ordinance passed by the King County Council (Ordinance 2010-0507, Dec. 13, 2010) created a Social Media Advisory Group responsible for providing the Council with policy options for ensuring ongoing compliance. The Advisory Group will be made up of four representatives of the King County Public Records Committee, together with representatives from various King County agencies and local not-for-profit agencies.

The Advisory Group is to produce a Social Media Policy Options Report for the Council by March 31, 2011. The report is to include a range of policy recommendations, including: (1) options for effective use of social media to communicate with the public; (2) an online training module for employees authorized to use social media on behalf of King County; (3) a description of existing policies and laws that regulate King County’s use of social media; and, (4) options for cost effective ways to address the public records retention requirements.

The Ordinance also directs King County agencies to identify those employees authorized to use social media for County business and to ensure that those employees complete the training program developed by the advisory group. 

The list of public agencies using social media continues to grow. As new forms of social media are developed and adopted, government agencies should be proactive to ensure compliance with applicable public record laws. See Sven Peterson’s article: “Public Records can only be Destroyed in Accordance with Appropriate Records Retention and Destruction Policies.”  

Kitsap County’s decision follows a similar decision made by Alachua County in Florida. According to the Gainesville Sun, Alachua County recently put a ban on staff conducting any county business using text messages – whether using a county-issued cellular phone or a personal cell phone. The reason cited for the ban is the fact that text messages are public records and the county’s computer system has no way to track and save the messages.

The advice sheet provides five (5) factors for agencies to consider when managing the retention of public records created or received through social networking sites. These factors include determining whether the posts are public records (yes, if the posts are made or received in connection with the transaction of the agency’s public business). Determining whether the posts are simply copies of records that the agency is already retaining or whether the posts are primary records. Determining how long the posts will be retained and how the agency will retain the posts (especially if the posts are maintained by a third-party vendor). Finally, determining which business activities are appropriate for social networking, particularly if the agency is unable to manage the creation, receipt, and retention of the posts as public records.