Social Media Issues in Law Enforcement - PowerPoint PPT Presentation

Loading...

PPT – Social Media Issues in Law Enforcement PowerPoint presentation | free to download - id: 58df51-YjNjY



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Social Media Issues in Law Enforcement

Description:

Title: Social Media Issues in Law Enforcement Author: Tim Jackman Last modified by: Lauri Stevens Document presentation format: Custom Other titles – PowerPoint PPT presentation

Number of Views:569
Avg rating:3.0/5.0
Slides: 39
Provided by: TimJa8
Learn more at: http://connectedcops.net
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Social Media Issues in Law Enforcement


1
Social Media Issues in Law Enforcement
  • Panel Discussion
  • January 10, 2010

2
Captain Frank GrgurinaFremont Police Department
  • Background
  • Format of discussion
  • Panel member introductions

3
SURVEY HIGHLIGHTS
728 Law Enforcement Agencies from 48 States and
D.C.
  • 81 of agencies surveyed use of social media.
  • 66.8 of agencies surveyed have a Facebook page.
  • 35.2 of agencies surveyed have a social media
    policy and an additional 23.2 are in the process
    of crafting a policy.
  • Of the agencies not currently using social media,
    61.6 are considering its adoption.
  • Resource constraints (time and personnel) were
    the most cited barrier to social media use by
    surveyed agencies.

SEPTEMBER 2010
4
TOP 10 SECTORS BY SHARE OF U.S. INTERNET TIME
Rank SubCategory Share of TimeJune 2010 Share of TimeJune 2009 Change in Share of Time
1 Social Networks 22 15 43
2 Online Games 10.2 9.3 10
3 Email 8.3 11.5 -28
4 Portals 4.4 5.5 -19
5 Instant Messaging 4.0 4.7 -15
6 Videos/Movies 3.9 3.5 12
7 Search 3.5 3.4 1
8 Software Manufactures 3.3 3.3 -0
9 Multi-category Enter. 2.8 3.0 -7
10 Classifieds/Auctions 2.7 2.7 -2
Other 34.3 67.3 -8
Source The Nielsen Company
5
Captain Richard LuceroFremont Police Department
  • Continuing role of policy
  • Summary of expressive rights
  • Continuing role of policy and trends in
    employment issues

6
(No Transcript)
7
Captain Richard LuceroFremont Police Department
  • Visibility
  • Accessibility

8
Captain Richard LuceroFremont Police Department
  • Competing Priorities in Regulating Speech of
    Public Employees
  • Expressive rights of the individual
  • The need for public entities to fulfill their
    purpose without disruption
  • Public policy of informing citizens about the
    functioning of their government

9
Captain Richard LuceroFremont Police Department
  • Significant Supreme Court Decisions
  • Pickering v. Board of Education (1968) 391 U.S.
    563
  • Connick v. Myers (1983) 461 U.S. 138
  • Garcetti v. Ceballos (2006) 547 U.S. 410

10
(No Transcript)
11
Captain Richard LuceroFremont Police Department
  • The Future Role of Policy
  • City of Ontario v. Quon (2010) 130 S. Ct. 2619
  • Discrimination Avoidance
  • Labor Activities
  • Associative Issues
  • Passwords and Deception

12
Melanie Poturica, Attorney at LawLiebert Cassidy
and Whitmore
  • Personal Devices
  • Fair Labor Standards Act (FLSA)
  • Personal Devices (Privacy and Evidence)

13
Handheld Personal Digital Assistants
  • An electronic communications resource with mass
    communication capability
  • Email
  • Blogging
  • Instant Messaging
  • Video/Photo Sharing
  • Social Networking
  • Twitter
  • GPS
  • Texting

14
PDAs and FLSA ISSUES
  • For nonexempt employees who do use PDAs, instruct
    them to report any work time spent using PDAs or
  • Consider placing limitations on when PDAs can be
    used after hours.
  • Evaluate requests for time off or for leaves of
    absence due to medical conditions.If your
    employee takes protected time off, are they
    still performing work from home? Are you paying
    them to do that work?

15
  • Major train wreck, and your employee shot
    pictures and video of the wreck on his city
    issued PDA (iphone) and sent the pictures via
    text to the hospital and the paramedics so that
    they can prepare for the victims. He also posted
    updates on his Facebook and Twitter account using
    the iphone. Is any of this subject to PRA? If
    victims file lawsuits, are these records subject
    to discovery?

16
  • Case StudyCommunity Services Officer Miriam has
    a Facebook page and she friended several
    coworkers. She has recently posted comments
    about male coworkers whom she finds attractive.
    She doesnt use his name but calls him Officer
    Cutie-Boy.

17
  • Case StudySeveral of Miriams coworkers have
    now added to her Facebook page in discussing
    Officer Cutie-Boy. One coworker shows the male
    employee the Facebook comments.

18
  • Case StudyThe male employee complains to his
    supervisor about the Facebook comment and states
    that he feels harassed by this behavior. The
    Chief initiates an investigation and IA asks that
    Miriams coworker show him the Facebook page.

19
Case Study
  • IA completes the investigation and the Chief
    serves Miriam with a Notice to Intent to Suspend
    for violation of the Citys anti-harassment
    policy.

Does Miriam have a reasonable expectation of
privacy in the contents of the Facebook page?
20
Case Study
  • Was the Department reasonable in the request to
    see Miriams Facebook page?
  • Most likely Yes

21
Case Study
  • Were there alternatives to reviewing the page?
  • Yes

22
Case Study
  • Can the Chief discipline Miriam if all of her
    comments were made on her personal time and on
    her personal iphone?
  • Most likely yes

23
REGULATING EMPLOYEE SOCIAL NETWORKING CONDUCT
  • Situation Where Social Networking May Give Rise
    to Discipline
  • Harassment Claims
  • Cyber-bullying/stalking
  • Improper or Illegal Use (e.g.. release of
    confidential information)
  • Conduct that reflects badly on the agency
  • Safety concerns
  • Violation of law
  • Agency liability
  • Disrupting agency mission

24
Monitoring Internet Usage
  • Off Duty Conduct
  • Job Nexus
  • Type of off duty conduct
  • Type of job duties
  • Effect on the employer (undermines employer
    mission, purpose, and credibility with the
    public)

25
Social Networking Nexus/Disciplinary Grounds
  • Personnel Rules
  • Drug and Alcohol Policy
  • Job Descriptions
  • Anti Harassment Discrimination policies
  • Workplace Violence Prevention policies
  • Electronic Communications Use Policy
  • Department Rules/ Procedures
  • Collective Bargaining Agreements
  • Written Orders
  • Other Policies

26
SOCIAL NETWORKING GUIDELINES FOR EMPLOYEES
  • Employees MUST NOT
  • Access personal social networking pages during
    work hours
  • Post false or confidential information about the
    agency, employees, or clients
  • Post agency logos on their personal social
    networking pages
  • Use agency email address to register personal
    social networking page

27
SOCIAL NETWORKING GUIDELINES FOR EMPLOYEES
  • Employees SHOULD NOT
  • Give others their passwords
  • Post personal confidential information (may be
    stolen for identity theft reasons)
  • Invite or accept the invitation of anyone who may
    not be an appropriate contact
  • Ignore their pages audit, be proactive, delete
    content or links others post to your page that
    you do not approve of contact service
    administrator for remedies re harassment, etc.

28
SOCIAL NETWORKING GUIDELINES FOR EMPLOYEES
  • Employees speaking about the agency online
    should disclose that they do not represent the
    agency
  • Keep profiles private to avoid unwelcome contact
    from members of the public or co-workers.

29
SOCIAL NETWORKING GUIDELINES FOR EMPLOYEES
  • Employees expose themselves to liability if their
    conduct violates the law (defamation, harassment,
    etc.)
  • Information posted is permanent and easily
    disseminated employees should use good judgment
    regarding content and communications on personal
    sites

30
BEST PRACTICES
  • Never put in electronic form anything that you
    wouldn't want viewed by a million people,
    including your colleagues, and supervisors-and
    your mother.
  • Michael Simpson, National Education Association

31
Chief Tim JackmanSanta Monica Police Department
  • Department perspective and impacts
  • Softball analogy
  • UC
  • Officer Safety?
  • Defense Attorneys
  • Personal viewpoints?
  • Some positives too

32
Chief Tim JackmanSanta Monica Police Department
  • Employee Interests and Impacts
  • Officer Involved Shooting Facebook Retirees

33
Chief Tim JackmanSanta Monica Police Department
  • Celebrity and Sensational Cases
  • Lindsey Lohan
  • UCLA Medical Center
  • Privacy issues??

34
Chief Tim JackmanSanta Monica Police Department
Catsouras vs. CHP
35
Grieving parents Jeff and Lucretia
Kempson October 19, 2010
Firefighters video of crash victim shocks
grieving parents He distributed graphic images of
mother of two killed in tragic accident
36
  • Open Discussion

37
http//connectedcops.net/ConnectedCOPS vision
is to promote the insightful thoughts of the law
enforcement social media visionaries by providing
them a voice on this blog.
http//www.nlrb.gov/ The National Labor Relations
Board is an independent federal agency vested
with the power to safeguard employees' rights to
organize and to determine whether to have unions
as their bargaining representative.
http//www.lcwlegal.com/The firm of Liebert
Cassidy Whitmore is focused on the representation
of management in the area of labor, employment
and education law, and also includes
representation of public and private education
institutions in the area of business,
construction, and facilities.
http//www.ca-ilg.org/socialmediapolicies The
Institute for Local Government promotes good
government at the local level with practical,
impartial, and easy-to-use resources for
California communities.
38
http//www.iacpsocialmedia.org/ IACPs Social
Media Center serves no-cost resources to help law
enforcement personnel to develop or enhance their
agencys use of social media and integrate Web
2.0 tools into agency operations.
http//www.dfeh.ca.gov/DFEH/default/ the Division
of Fair Employment Practices was established as
an independent department charged with enforcing
California's employment, housing, public
accommodations and public service
non-discrimination laws, as well as the State's
bias-related hate violence law.
http//www.eeoc.gov/eeoc/index.cfm The U.S. Equal
Employment Opportunity Commission (EEOC) is
responsible for enforcing federal laws that make
it illegal to discriminate against a job
applicant or an employee because of the person's
race, color, religion, sex (including pregnancy),
national origin, age (40 or older), disability or
genetic information.
About PowerShow.com