(a) Purpose. The City of South Charleston acknowledges that use of technology by emergency service organizations provides several useful benefits including training and the acquisition of useful information for the betterment of the City and its employees. It also allows for the dissemination of information to the public for recruitment, safety education and public relations purposes. As such, the City of South Charleston embraces the usage of instant technology to that end. This policy establishes the City of South Charleston social media and instant technology use procedures and protocols which are intended to mitigate associated risks from the use of this technology where possible.
(b) Applicability. This policy shall apply to all employees of the City of South Charleston and any individuals retained as consultants or contractors to perform business on behalf of the City of South Charleston who utilize social media/social networking on behalf of the City of South Charleston.
(c) Definitions. The following definitions shall apply to this Policy:
(1) "Social media" is defined as the various electronic communication systems established for the purposes of mass communications and/or social networking, including the third-party services of Facebook, Twitter, Linkedln, YouTube, MySpace, etc.
(2) "Instant technology" is defined as resources including, but not limited to, instant messaging, texting, paging, social networking sites, such as Facebook, My Space, Twitter, YouTube, and any other information sharing services, websites and/or blogs.
(3) "Employee" is defined as individuals retained and authorized on a temporary, part-time, or full-time basis by the City of South Charleston to perform a service. For purposes of this policy, the term "employee" shall also include contractors or consultants retained to perform business on behalf of the City of South Charleston who utilize social media/social networking on behalf of the City of South Charleston. This definition does not create any additional rights or duties.
(d) City-owned or Created Social Media. All City social media pages shall be approved by the Department Head or his/her designee. All social media content shall adhere to all applicable state, federal, and local laws, regulations and policies. The following guidelines apply with respect to the use of any City-owned social media site:
(1) All social media sites shall be used to promote the City, City Services, Job Opportunities and City Events.
(2) All social media sites shall clearly indicate that they are maintained by the City of South Charleston and shall have City of South Charleston contact information available on the site.
(3) No City logos may be used without appropriate authorization.
(4) No City employee personal e-mail addresses should be posted on these sites.
(5) The City's website can link to the City's official social media page.
(6) An employee may not characterize him or herself as representing the City, directly or indirectly, in any online posting unless pursuant to a written policy of the City or at the direction of a Department Head or his/her designee.
(e) Unacceptable Uses. The City considers the content and uses of social media listed below to be unacceptable. Employees are prohibited from using City-owned social media in a manner that:
(1) Discloses information that is confidential, proprietary or non-public or information that compromises the security of City networks or information systems. Such information includes, but is not limited to, information that is protected under the Health Insurance Portability and Account Act (HIPP A) or other federal, state or local laws and regulations (except where disclosure is permitted under such laws and regulations), as well as social security numbers and other personally identifiable information.
(2) Promotes, fosters, or perpetuates discrimination on the basis of race, religion, sex or other protected class of individual, including, but not limited to, disparaging or false statements or other forms of speech that ridicule, malign, disparage or otherwise express bias against any race, religion, sex or other protected class of individual.
(3) Includes profanity, personal insults, material that is harassing or defamatory, fraudulent or discriminatory or other content or communications that would not be acceptable in the workplace under City policy.
(4) Discloses information that may tend to compromise the safety or security of the public or public systems.
(5) Violates a legal ownership interest of any other party, including, but not limited to, copyright, trademark, fair use, or other intellectual property rights of any person or entity.
(6) Otherwise violates applicable federal, state or local laws, regulations or policies.
(7) Violates any of the City's policies.
This list is not exhaustive. Questions about particular uses of social media or particular social media content should be directed to Department Heads or his/her designee.
(f) Use of Non-City Social Media Accounts or Websites. This policy is not intended to govern the establishment or use of social media accounts for personal purposes, outside the workplace and using non-City computer systems. However, employees are advised that statements made directly or by means of instant technology, either on or off duty, in connection with the performance of official duties and responsibilities may not be protected speech under the First Amendment. While employees may comment on matters of public concern as a private citizen, statements regarding personal grievances, complaints about conditions of employment, or expressions about other matters of personal interest do not raise a public concern. The City also has an interest in providing important public services through efficient and effective operations, and speech that impairs or impedes the performance of those operations may be sanctioned. For these reasons, employees are expected to comply with the provisions of this policy, as well as the following standards, when discussing the City of South Charleston on any non-City social media account or website:
(1) An employee may not characterize him or herself as representing the City, directly or indirectly, in any online posting unless pursuant to a written policy of the City or the direction of a Department Head or his or her designees.
(2) When posting in a non-official capacity an employee or official shall not identify themselves as an official or employee of the City. When the identity of an employee or official posting on a non-City social media site is apparent, the employee or official shall clearly state that he or she is expressing his/her own personal opinion and not that of the City of South Charleston.
(3) The use of a City email address, job title, official City name, seal or logo shall be deemed an attempt to represent the City in an official capacity. Other communications leading an average viewer to conclude that a posting was made in an official capacity shall also be deemed an attempt to represent the City in an official capacity.
(4) Departments have the option of allowing employees to participate in existing social networking sites as part of their job duties. Department Heads and/or their designees may allow or disallow employee participation in any social media activities in their departments. However, any postings on non-City social media sites made in an official capacity shall adhere to this policy and all applicable federal, state and local laws, regulations and policies.
(5) An employee shall not publish any materials that could reasonably be considered to represent the views or positions of the City without prior authorization from his/or Department Head and/or his/her designee.
(6) An employee shall not disclose any content that would impede or impair the performance of City operations. Such content may include, but is not limited to, speech that undermines discipline or the integrity of the office, disrupts morale or harmony among co-workers, negatively affects the public perception of the City, or creates danger in the workplace.
(g) Disciplinary Actions. Inappropriate use of social media may result in disciplinary actions, up to and including termination.
(Ord. 2172. Passed 11-15-12.)