1. Social Media and Municipalities – Should We Swipe Left or Right?
Illinois Municipal League Conference
September 22, 2017
Julie Proscia
3815 East Main Street - Suite A-1
St. Charles, IL 60174
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Carlos Arévalo
2460 Lake Shore Drive
Woodstock, IL 60098
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2. Social Media for Municipalities
Can Be Extremely Useful . . .
Announcing events and activities, job openings, city council or village board meetings (and webcasting those meetings).
Announcing road closures and providing emergency alerts.
Assisting police with crime prevention, and seeking the public’s assistance in identifying witnesses, persons-of-interest, and others.

3. What Happens When Municipal Social Media Goes Wrong
Generally speaking, municipal employees have the right to participate in social media.
But there are limits and there can be consequences.

4. Social Media Gone Wrong
July 2016: A Detroit detective was demoted after making a Facebook post calling Black Lives Matter terrorists and racists.
September 2016: Part-time police officer in McKeesport, PA, is terminated after a social media post in which she apparently stated: “I’m the law today,” followed by a racial slur.
Google gives example after example.

5. Policies Must Be Enacted And Enforced
Municipalities must implement common sense policies and investigation procedures regarding employee social media use.
Respect and common sense must be the hallmarks of any social media policy.
Employees should be advised that they have the right to speak and use social media, but that discretion in avoiding conflict is likely the best path.

6. Social Media Employee Training
Municipalities must have effective social media policies.
But more than that, training must be provided that focuses not just on the policies, but also on real world examples—and there are many.
Training must illustrate to employees what the line is—what the municipality’s expectation is—and what the consequences will be for crossing the line.

7. Investigating Social Media Misconduct
Who runs and monitors the municipality’s social media accounts?
Complaints are likely to be made directly to those accounts, so the individuals who run the accounts must be trained and prepared to respond properly.
Consider whether involving outside IT assistance is feasible.
Consider how final decisions will be communicated to the public.

8. Retention and Disclosure: Issues for Municipalities to Bear In Mind
The Municipality’s own social media activity can be public records subject to FOIA retention and disclosure obligations.
Employee social media activity conducted on government-provided devices or during working hours may be subject to FOIA obligations, too.
The same is also likely true for text messages, s, and other communications sent and received on government-provided devices or during working hours.

9. Questions? … and Thank you!
Julie Proscia, Esq.
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Carlos Arévalo, Esq.
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FRONTLINE MANAGEMENT SIDE LABOR & EMPLOYMENT COUNSEL
Chicago, St. Charles, Rockford, Woodstock, Waukegan, Milwaukee, St. Louis, Indianapolis.
USLaw Network Member.