Member_Speech__Expression_and_Social_Networking.pdf

Policy 1044 Chesapeake Fire Department Policy Manual Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Member Speech, Expression and Social Networking - 1 Member Speech, Expression and Social Networking 1044.1 PURPOSE AND SCOPE Th...

Policy 1044 Chesapeake Fire Department Policy Manual Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Member Speech, Expression and Social Networking - 1 Member Speech, Expression and Social Networking 1044.1 PURPOSE AND SCOPE This policy is intended to address issues associated with member use of social networking sites and to provide guidelines for the regulation and balancing of member speech and expression with the needs of the Department. Nothing in this policy is intended to prohibit or infringe upon any communication, speech or expression that is protected or privileged under law. This includes speech and expression protected under state or federal constitutions or other applicable laws. This policy does not limit an employee from speaking as a private citizen, including acting as an authorized member of a member organization, about matters of public concern, such as misconduct or corruption. Members are encouraged to consult with their supervisor regarding any questions arising from the application or potential application of this policy. 1044.1.1 APPLICABILITY This policy applies to all forms of communication including, but not limited to, film, video, print media, public or private speech, and use of all Internet services, including the Web, email, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, video and other file-sharing sites. All forms of member speech, expression, and social networking perviously listed must also conform with any of the City's applicable Administrative Regulations. 1044.2 POLICY Public employees occupy a trusted position in the community, and thus, their statements have the potential to contravene the policies and performance of this department. Due to the significant work and influence associated with the fire profession, it is necessary that members of this department be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public, the Chesapeake Fire Department will carefully balance the individual member’s rights against the department’s needs and interests when exercising a reasonable degree of control over its members’ speech and expression. 1044.3 SAFETY Members should consider carefully the implications of their speech or any other form of expression when using the Internet. Speech and expression that may negatively affect the safety of the Chesapeake Fire Department members, such as posting personal information in a public forum, can result in compromising a member’s home address or family ties. Members should therefore not disseminate or post any information on any forum or medium that could reasonably be anticipated to compromise the safety of any member, a member’s family or associates. Examples of the type of information that could reasonably be expected to compromise safety include: Chesapeake Fire Department Policy Manual Member Speech, Expression and Social Networking Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Member Speech, Expression and Social Networking - 2 • Disclosing the address of a fellow firefighter. • Otherwise disclosing where another firefighter can be located off-duty. 1044.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT To meet the department’s safety, performance and public-trust needs, the following is prohibited unless the speech is otherwise protected (for example, an employee speaking as a private citizen, including acting as an authorized member of a member organization, on a matter of public concern): (a) Speech or expression made pursuant to an official duty that tends to compromise or damage the missionor public confidence of the Chesapeake Fire Department or its members. (b) Speech or expression that, while not made pursuant to an official duty, is significantly linked to, or related to, the Chesapeake Fire Department and tends to compromise or damage the public confidence of the Chesapeake Fire Department or its members. Examples may include: 1. Statements that indicate disregard for the law of the state or U.S. Constitution. 2. Expression that demonstrates support for criminal activity. 3. Participating in sexually explicit photographs or videos for compensation or distribution. (c) Speech or expression that could reasonably be foreseen as having a negative impact on the credibility of the member as a witness. For example, posting statements or expressions to a website that glorify or endorse dishonesty, unlawful discrimination or illegal behavior. (d) Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of the members of the Department. (e) Speech or expression that is contrary to the canons of the Firefighters' Code of Ethics as adopted by the Chesapeake Fire Department. (f) Use or disclosure, through whatever means, of any information, photograph, video or other recording obtained or accessible as a result of employment with the Department for financial or personal gain, or any disclosure of such materials without the express authorization of the Fire Chief or the authorized designee. (g) Posting, transmitting or disseminating any photographs, video or audio recordings, likenesses or images of department logos, emblems, uniforms, badges, patches, marked vehicles, equipment or other material that specifically identifies the Chesapeake Fire Department on any personal or social networking or other website or web page, without the express authorization of the Fire Chief. (h) Accessing websites for non-authorized purposes, or use of any personal communication device, game device or media device, whether personally or department-owned, for personal purposes while on-duty, except in the following circumstances: Chesapeake Fire Department Policy Manual Member Speech, Expression and Social Networking Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Member Speech, Expression and Social Networking - 3 1. When brief personal communication may be warranted by the circumstances (e.g., inform family of extended hours). 2. During authorized breaks; however, such usage should be limited as much as practicable to areas out of sight and sound of the public and shall not be disruptive to the work environment. Members must take reasonable and prompt action to remove any content, including content posted by others, that is in violation of this policy from any web page or website maintained by the member (e.g., social or personal website). 1044.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS Although members are not restricted from engaging in the following activities as private citizens or as authorized members of a member organization, members may not represent the Chesapeake Fire Department or identify themselves in any way that could be reasonably perceived as representing the Chesapeake Fire Department in order to do any of the following, unless specifically authorized by the Fire Chief: (a) Endorse, support, oppose or contradict any political campaign or initiative (b) Endorse, support, oppose or contradict any social issue, cause or religion (c) Endorse, support or oppose any product, service, company or other commercial entity (d) Appear in any commercial, social or nonprofit publication or any motion picture, film, video, public broadcast or on any website Additionally, when it can reasonably be construed that a member, acting in his/her individual capacity or through an outside group or organization, is affiliated with this department, the member shall give a specific disclaiming statement that any such speech or expression is not representative of the Chesapeake Fire Department. Members retain their right to vote as they choose, to support candidates of their choice and to express their opinions as private citizens, including as authorized members of a member organization, on political subjects and candidates at all times while off-duty. However, members may not use their official authority or influence to interfere with or affect the result of an election or a nomination for office. Members are also prohibited from directly or indirectly using their official authority to coerce, command or advise another member to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes (5 USC § 1502). 1044.4.2 POLITICAL ACTIVITY No member shall be prohibited from engaging in political activity, unless otherwise prohibited by law, in violation of department policy, or any time a member is on-duty or in uniform. Members shall not be coerced or required to engage in political activity (Va. Code § 15.2-1512.2). Chesapeake Fire Department Policy Manual Member Speech, Expression and Social Networking Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Member Speech, Expression and Social Networking - 4 1044.5 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to emails, texts or anything published, shared, transmitted or maintained through file-sharing software or any Internet site that is accessed, transmitted, received or reviewed on any department technology system. The Department reserves the right to access, audit and disclose, for whatever reason, any message, including attachments, and any information accessed, transmitted, received or reviewed over any technology that is issued or maintained by the Department, including the department email system, computer network or any information placed into storage on any department system or device. This includes records of all keystrokes or Web-browsing history made at any department computer or over any department network. The fact that access to a database, service or website requires a username or password will not create an expectation of privacy if it is accessed through department computers, electronic devices or networks. Members or candidates may not be asked or required to provide access to their personal social media accounts through their username, password or other login information unless otherwise allowed under Va. Code § 40.1-28.7:5. 1044.6 CONSIDERATIONS In determining whether to grant authorization of any speech or conduct that is prohibited under this policy, the factors that the Fire Chief or the authorized designee should consider include: (a) Whether the speech or conduct would negatively affect the efficiency of delivering public services. (b) Whether the speech or conduct would be contrary to the good order of the Department or the efficiency or morale of its members. (c) Whether the speech or conduct wouldundermine the public confidence in the Department. (d) Whether the speech or conduct would negatively affect the member’s appearance of impartiality in the performance of his/her duties. (e) Whether similar speech or conduct has been previously authorized. (f) Whether the speech or conduct may be protected and outweighs any interest of the Department. 1044.7 TRAINING Subject to available resources, the Department should provide training regarding member speech and the use of social networking to firefighters and supervisors.