The document discusses social media use and risks for municipalities and their employees. It outlines how off-duty employee speech on social media could negatively impact employers if it affects other employees, job performance, or the organization's reputation. The document recommends municipalities create two policies: one to guide all employees on social media use and another to license certain employees to officially communicate on behalf of the municipality. It also addresses how municipalities should handle situations where current employees are targets of negative online comments to protect workplace safety and reputation while avoiding defamation lawsuits.

1. Social Media and Municipalities – Reaping Benefits, Controlling Harms and MoreOMEX PD Day - June 2, 2011Dan Michaluk

2. OutlineHarm from off-duty expressionSo you want to blog eh?Policy model for managing social media risksCurrent employees as targets

3. Current Employees as CommunicatorsBob and Sue had a long day. They go to the Dirty Dog Pub after work and, over the course of four hours, take jabs at their supervisor, Phil.

4. Current Employees as CommunicatorsJack had a long day. He goes home, cracks open a beer, and boots up his home computer.Using a picture of his supervisor taken from the company intranet and some internet based software, he alters the picture so the manager looks ridiculous.Jack posts it to his Facebook page. He feels good.

5. Current Employees as CommunicatorsDuty of fidelity applies when employee expression is likely to negatively affect a legitimate employer interestAll other activity is “private”The kind of social interaction we engage in today is more likely to conflict with employer interestsDuty of fidelity is the basis for conflict of interest and other restrictive policyCharter of Rights and Freedoms invites a very contextual balancing, but duty of loyalty can prevail

6. Current Employees as CommunicatorsEmployee speech can negatively……affect an employer’s duty to other employees…affect an employee’s ability to do his/her job…affect public perception of employee performance…affect an employer’s reputation**though government entities must tread carefully

7. So you want to blog eh?Tim is the CAO at an upper tier municipality who fancies himself a social media guru. He sends and e-mail to all that says, “We ought to be leaders in our field. Accordingly, I encourage all of you to use social media to advance our municipal interests.”

8. So you want to blog eh?RisksTim could now be responsible for everything his employees do onlineThe municipality may now be responsible for a large wage and overtime bill for “work” assigned by Tim

9. Policy Model for Managing RiskMunicipalities should consider two policiesOne that guides all employeesOne that guides those who are licensed to speak on behalf of the municipality

10. Policy Model for Managing RiskPolicy for all employees – themeYou can do it if you wantHere’s how you meet our expectationsBe carefulIf you publish to “friends” you’re still accountableIdentifying yourself as an employee comes with risksIdentify special risks (e.g., relating to care and control of sensitive personal information)

11. Policy Model for Managing RiskPolicy for all employees – contentStart with a statement of principleThen rules that addressConfidential information, personal informationRespect for other employees, clients, citizensConflict of interest, conflict with job dutiesTime theftRefer to other policiesOffer support

12. Policy Model for Managing RiskLicense “deputized communicators” on special termsEstablish clear objectivesIdentify forbidden topics - neverIdentify safe topics – go for it, no reviewCreate a workable review processMeasure time, effort and outcomePay wages for work, reward performance

13. Employees as TargetsJosie is a senior municipal administrator who has gone though some tough personal circumstances. One fall evening she’s caught driving 140km down a side road under the influence and is charged.**Scenario entirely fictitious

14. Employees as TargetsThe story runs in the news, and is re-posted by a local citizens’ advocate. Over the next week about 50 others (all anonymous) post comments. The dialog degrades quickly to one about the employee’s sexual reputation. Defamatory comments are made about her and other municipal employees.What’s a CAO to do?

15. Employees as TargetsDuty to provide a safe and harassment free workplaceUnder human rights legislationIn some provinces under health and safety legislationThere must be a nexus to the workplaceIf there is, there is a duty to take reasonable steps to provide a safe and harassment free workplace

16. Employees as TargetsA defamation claim is about damage to reputationIt is a very personal claim, about vindication of reputationIt is hard on plaintiffs because it invites a trial of their reputationInjunctive relief is generally not available

17. Employees as TargetsA defamation claim is about damage to reputationAn employer may have duty to support an employee who has been defamed (fact-specific)But it is highly questionable that supporting a defamation lawsuit is part of that duty

18. Employees as TargetsConsider the expression, don’t react to itShow support for the employeeIf you take steps to facilitate “takedown,” make clear that you’re taking one step at a timeFrame your engagement properly from the outsetTell the employee to get independent legal advice (Defamation claims are time-sensitive!)

19. Social Media and Municipalities – Reaping Benefits, Controlling Harms and MoreOMEX PD Day - June 2, 2011Dan Michaluk

20. To contact meDan Michalukdaniel-michaluk@hicksmorley.com(416) 864-7253 http://ca.linkedin.com/in/danmichaluktwitter: @danmichaluk