1039 - Social Media.pdf

MANATEE COUNTY SHERIFF'S OFFICE GENERAL ORDER NUMBER 1039 – SOCIAL MEDIA This General Order rescinds General Order 1039 dated April 06, 2020 and all of its addenda and revisions and any other General Order dealing with these issues. Effective Date: April 28, 2020 To: All Personnel 1.0 PURPOSE AND PO...

MANATEE COUNTY SHERIFF'S OFFICE GENERAL ORDER NUMBER 1039 – SOCIAL MEDIA This General Order rescinds General Order 1039 dated April 06, 2020 and all of its addenda and revisions and any other General Order dealing with these issues. Effective Date: April 28, 2020 To: All Personnel 1.0 PURPOSE AND POLICY 1.1 The Manatee County Sheriff’s Office endorses the secure use of social media to enhance communication, collaboration, and information exchange; streamline processes; and foster productivity. This policy establishes the Manatee County Sheriff’s Office position on the utility and management of social media and provides guidance on its management, administration, and oversight. 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. The agency recognizes the role that these tools play in the personal lives of some employees. The personal use of social media can have bearing on employees in their official capacity. As such, this policy provides information of a precautionary nature as well as prohibitions on the use of social media by employees. 2.0 NO PRIVACY INTEREST 2.1 The Manatee County Sheriff’s Office has the right to access agency computers and monitor use of agency computers. Employees have no expectation of privacy in information located on agency computers. Employees also have no expectation of p rivacy in information accessible online, whether created before, during or after employment. Internet usage of agency computers, iPads, and smart phones is for business purposes only. 3.0 DEFINITIONS 3.1 Blog: A self-published diary or commentary on a particular topic that may allow visitors to post responses, reactions, or comments. The term is short for “Web log.” 3.2 Page: The specific portion of a social media website where content is displayed, and managed by an individual or individuals with administrator rights. 3.3 Post: Content an individual shares on a social media site or the act of publishing content on a site. 3.4 Profile: Information that a user provides about himself or herself on a social networking site. 3.5 Social Media: A category of Internet-based resources that integrate user-generated content and user participation. This includes, but is not limited to, social networking sites (Facebook, MySpace), microblogging sites (Twitter, Nixle), photo- and video-sharing sites (Flickr, YouTube), wikis (Wikipedia), blogs, and news sites (Digg, Reddit). 3.6 Social Networks: Online platforms where users can create profiles, share information, and socialize with others using a range of technologies. Social Media 1 3.7 Speech: Expression or communication of thoughts or opinions in spoken words, in writing, by expressive conduct, symbolism, photographs, videotape, or related forms of communication. 3.8 Web 2.0: The second generation of the World Wide Web focused on shareable, user-generated content, rather than static web pages. Some use this term interchangeably with social media. 3.9 Wiki: Web page(s) that can be edited collaboratively. 4.0 ON-THE-JOB USE 4.1 Agency-Sanctioned Presence 4.1.1 Determine Strategy: 4.1.1.1 Where possible, each social media page shall include an introductory statement that clearly specifies the purpose and scope of the agency’s presence on the website. 4.1.1.2 Where possible, the page(s) should link to the agency’s official web site. 4.1.1.3 Social media page(s) shall be designed for the target audience(s) such as youth or potential police recruits. 4.1.2 Procedures: 4.1.2.1 All agency social media sites or pages shall be approved by the Sher iff or Chief Deputy via the chain of command and shall be administered by the Public Information Officer or as otherwise determined. 4.1.2.2 Where possible, social media pages shall clearly indicate they are maintained by the Manatee County Sheriff’s Office and shall have agency contact information prominently displayed. 4.1.2.3 Social media content shall adhere to applicable laws, regulations, and policies, including all information technology and records management policies. 4.1.2.3.1 Content is subject to public records laws. Relevant record retention schedules apply to social media content. 4.1.2.3.2 Content must be managed, stored, and retrieved to comply with open records laws and e-discovery laws and policies. 4.1.2.4 Where possible, social media pages should state that the opinions expressed by visitors to the page(s) do not reflect the opinions of the Manatee County Sheriff’s Office. 4.1.2.4.2 Pages shall clearly indicate that any content posted or submitted for posting is subject to public disclosure. 4.2 Agency-Sanctioned Use Social Media 2 4.2.1 Employees shall not represent that they are speaking on behalf of the Manatee County Sheriff’s Office unless authorized to do so by the Sheriff or a designee of the Sheriff. Employees representing the Manatee County Sheriff’s Office via social media outlets shall comply with the following: 4.2.1.1 Employees shall conduct themselves at all times as representatives of the agency and, accordingly, shall adhere to all agency standards of conduct and observe conventionally accepted protocols and proper decorum. 4.2.1.2 Employees shall identify themselves as a member of the agency. 4.2.1.3 Employees shall not make statements about the guilt or innocence of any suspect or arrestee, or comments concerning pending prosecutions, nor post, transmit, or otherwise disseminate confidential information, including photographs or videos, related to agency training, activities, or work-related assignments without express written permission from the Sheriff or Chief Deputy via the chain of command. 4.2.1.4 Employees shall not conduct political activities or private business. 4.2.1.4.1 Employee shall not use agency computers to access social media without authorization. 4.2.1.4.1.1 Employees assigned to investigate certain crimes/incidents may create a social media account using a pseudonym for the sole purpose of investigation or information gathering. Approval for this investigative technique shall be obtained from the respective employee’s Bureau Chief or designee. 4.2.1.4.1.2 Access to the account will be provided to the account holder’s supervisor to include log in information and password. 4.2.1.4.1.3 Employees shall abide by all provisions listed in this general order when using the social media account. 4.2.1.4.2 Use of personally owned devices to manage the agency’s social media activities or use in the course of official duties is prohibited without express written permission. 4.2.1.4.3 Employees shall observe and abide by all copyright, trademark, and service mark restrictions in posting materials to electronic media. 4.2.1.5 Where a proposed use of social media in connection with performance of agency duties does not meet all requirements set forth herein, prior written approval must be obtained from the applicable Bureau Chief. 5.0 PERSONAL USE 5.1 Precautions and Prohibitions. Employees shall abide by the following when using social media: 5.1.1 Manatee County Sheriff’s Office personnel are free to express themselves as private citizens on social media sites to the degree that their speech does not impair working relationships of this agency for which loyalty and confidentiality are important, impede the performance of duties, impair discipline and harmony among coworkers, or negatively affect the public perception of the agency. Social Media 3 5.1.2 As public employees, agency personnel are cautioned that speech, on or off duty, made pursuant to their official duties (speech 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 discipline if deemed detrimental to the agency. Employees should assume that their speech and related activity on social media sites will reflect upon their office and this agency. 5.1.3 Employees shall not post, transmit, or otherwise disseminate any information to which they have access as a result of their employment without written permission from the Sheriff or Chief Deputy via the chain of command. 5.1.3.1 For safety and security reasons, employees are cautioned not to disclose their employment with this agency or post information pertaining to any other member of the agency without their permission. Employees are cautioned not to post personal photographs or provide similar means of personal recognition that may cause them to be identified as a law enforcement officer of the Manatee County Sheriff’s Office. Employees who are, or who may reasonably be expected to work in undercover operations, shall not post any form of visual or personal identification. 5.1.3.2 Photographs or other depictions of the Manatee County Sheriff’s Office employees, uniforms, badges, patches, marked units, star, or logo shall not be used on internet postings or websites, except as authorized by the Sheriff/Chief Deputy. 5.1.4 When using social media, employees should be mindful that their speech becomes part of the worldwide electronic domain. Therefore, adherence to the Manatee County Sheriff’s Office code of conduct is required in the personal use of social media. In particular, employees are prohibited from the following: 5.1.4.1 Speech containing obscene or sexually explicit language, images, or acts and statements or other forms of speech that ridicule, malign, disparage, or otherwise express bias against any race, any religion, or any protected class of individuals. 5.1.5 Engaging in prohibited speech noted herein, may provide grounds for undermining or impeaching an employee’s testimony in criminal proceedings. Employees thus sanctioned are subject to discipline up to and including termination of office. 5.1.6 Employees may not divulge information gained by reason of their authority; make any statements, speeches, appearances, and endorsements; or publish materials that could reasonably be considered to represent the views or positions of this agency without express authorization. 5.1.7 Employees should be aware that they may be subject to civil litigation for: 5.1.7.1 Publishing or posting false information that harms the reputation of another person, group, or organization (defamation); 5.1.7.2 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; Social Media 4 5.1.7.3 Using someone else’s name, likeness, or other personal attributes without that person’s permission for an exploitative purpose; or 5.1.7.4 Publishing the creative work of another, trademarks, or certain confidential business information without the permission of the owner. 5.1.8 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. 5.1.9 Employees should expect that any information created, transmitted, downloaded, exchanged, or discussed in a public online forum may be accessed by Manatee County Sheriff’s Office, defense attorneys, and others at any time without prior notice. 5.1.10 Nothing in this section is intended to infringe upon the employee’s rights under F.S.S 447 (concerted activities for the purpose of collective bargaining or other mutual aid or protection). 6.0 VIOLATIONS 6.1 A violation of any part of this policy shall be grounds for progressive disciplinary actions. 6.2 The Sheriff/Chief Deputy reserves the right to make exceptions in writing to any part of this policy where duty or other needs provide. Agency code of conduct shall apply to any postings, comments, or writings to be accessible on the Internet, despite exceptions to allow access to previously unallowed areas of the Internet. 6.3 Any employee becoming aware of or having knowledge of a posting or of any website or web page in violation of the provisions of this policy shall notify his or her supervisor immediately for follow-up action. 7.0 APPROVAL PROCESS 7.1 Employees seeking approval to use references to the Manatee County Sheriff’s Office or photographs/depictions of Sheriff’s Office uniforms, badges, patches, marked units, star, logo, or employees on Internet web pages shall submit a request in the form of a memorandum to the Sheriff/Chief Deputy via the chain of command. The memorandum shall include: 7.1.1 A description of usage of the reference, photograph, or depiction. 7.1.2 The purpose of the website or posting. 7.1.3 The URL address of the website where the posting or usage will be located. 7.1.4 If available, a printed layout of the entire web page, posting, or site. 7.2 The Sheriff/Chief Deputy may inquire further, approve, or disapprove the request by noting such on the memorandum. If approved, the requestor shall retain a copy of the memorandum for the duration of the posting or website. Within the limits of their control, the requestor shall be responsible for removal of references, photographs, or depictions when the posting or website is no longer appropriate or when so directed by the Sheriff/Chief Deputy. Social Media 5 7.3 Changes made to the previously approved web page, site or posting must be submitted for reapproval though the same approval process as described earlier in this policy. Approved For Issue – Charles R. Wells, Sheriff Charles R. Wells, Sheriff Manatee County Florida Social Media 6