that young girls mimic for the cameras. Only, thanks to an embarrassing typo, that isnt the word that appeared in the tweet. Accidents happen, Schlossberg says. They happen all the time on so- cial media. Just be smart Why? Its simple. Were all human. We say silly things and do stuff in the moment that we later realize was stupid and foolish. That goes for township supervisors and employees, too, who face a tangle of landmines, legal and otherwise, with every tweet and post public or private. But does that mean you should run as far as possible from social media? Not at all, experts say, because love them or hate them, Facebook, Twitter, and all the other networking sites are here to stay. In fact, theyve become a focal point of our lives. A 2011 Nielsen Social Media Report found that nearly R ep. Mike Schlossberg has a problem with social media, but its not what you might think. Im a little obsessed, the 31-year-old Lehigh County Democrat admits, naming off a list of sites where he congregates, personally and professionally, as his phone dings and chimes alerts in the background. Facebook, Twitter, LinkedIn, In- stagram, and Vine Schlossberg is active on them all. Really, though, its no surprise. Hes from that generation. You know the one: the one that grew up with computers in their face and cellphones in their hand. But Schlossberg has done more than surf and text. He turned social media into a career. Before joining the General Assem- bly in 2013, he worked for the Greater Lehigh Valley Chamber of Com- merce, where he taught small busi- ness owners the advantages of this new, sometimes mysterious com- munication tool. Since then, Schlossberg has led the General Assemblys rst-ever Twitter Town Hall, a live online meet-up where he elded ques- tions about gun restrictions and the Marcellus Shale, and penned a book, Tweets and Consequences, which details 60 instances where people goofed up royally on the In- ternet. (Think Anthony Weiner, the former New York politician whose penchant for photography exposed ahem his online philandering.) Clearly, Schlossberg under- stands social medias payoffs and pitfalls but candidly admits hes tripped up once or twice himself. The lawmaker still cringes about the time he tweeted a photo of his infant daughter holding a rubber duck to her lips. He meant to write something humorous about his little girl giving duck a quarter of the time that people are on the Internet, theyre on social media sites. Further, more time is spent on Facebook than any other website in the U.S. This reliance on social media, a group of freewheeling, virtual communities where people share everything from opinions on late-night TV to photos of their grandkids, isnt necessarily a bad thing. As many townships are nding, Face- book, Twitter, and the like have opened new doors to connect with and update constituents. These sites have also helped to solve crimes, alert residents to emergencies, and locate the lost, includ- ing an 11-year-old boy in West Man- heim Township, York County. A local police ofcer posted the childs photo SOCIAL MEDIA MISSTEPS Accidents happen. They happen all the time on social media. on Facebook and, within 20 minutes, pinpointed his location. That single post reached 19,000 people and was shared almost 500 times. Its the 21 st century, and people are hungry for information, Bob Cocchi, chairman of the Lackawaxen Township Board of Supervisors in Pike County, says, admitting, Im not a social me- dia person, but I realize thats the way things are heading. Townships have to get into it. Despite the benets of social media, elected ofcials and employees still need to be cautious and understand a few things about the law, which is evolving, and their rights and responsibilities. Universally, experts agree that a social media policy that establishes the rules of engagement for supervisors, employ- ees, and even residents is a must-have for townships, too. Were living in a world where its easier to connect and even easier to be misrepresented, Schlossberg says. I dont advocate that anyone stay away from social media. Just be smart. (To see his list of social media dos and donts, turn to the sidebar on Page 16.) And lets face it, if someone as skilled in social media as Mike Schlossberg can stumble online, it can happen to anyone. Social media can be your friend one minute and your enemy the next. When you meet someone face to face, theres a lter there. You watch what you say, says Cory Iannacone, an attorney with Rhoads & Sinon in Harrisburg, but when youre not face to face and sitting in front of a computer, there is no lter. Thats when ofcials have to be careful. An act as simple as hitting the Send button too quickly or liking a Facebook friends post can lead to an Social media can be your friend one minute and your enemy the next. I dont advocate that anyone stay away from social media. Just be smart. AUGUST 2014 PA TownshipNews 11 12 PA TownshipNews AUGUST 2014 awkward situation for a public gure. In Britain, for instance, a married member of Parliament found himself on the front page after he tried to block a gay porn tweet but favorited the graphic photo instead. Candor, or the appearance thereof, can get you into trouble, too. In Bucks County, a teacher almost lost her job after she blogged that some of her students were frightfully dim, rat- like, and lazy jerks. And lets not forget the southwestern Pennsylvania lawmaker who was caught assuming false online identities to say things about constituents and political colleagues that he couldnt as a public ofcial. He apologized and is running for re-election. People are looser online, Iannacone says. They treat social media as if its not being recorded. And thats a dangerous thing, adds Robert Tribeck, Iannacones colleague SOCIAL MEDIA MISSTEPS A recent survey by Edison Research shows some signifcant changes in how Americans use and consume social media. Heres a sampling of the fndings: 56 percent of Americans had a profle on a social networking site in 2012. This number is up from 52 percent in 2011 and 48 percent in 2010. How high can this climb? While sizable chunks of the populace will never join a social networking site, Jay Baer, a social media strategist and speaker, says its amazing to consider that signif- icantly more Americans 12 and older have a social networking profle than do not. 55 percent of Americans ages 45 to 54 have a profle on a social networking site, which represents the biggest growth of any age bracket from 2011 to 2012. The Edison study also found that the only group that is be- low average are Americans 55 and older, and even 3 out of 10 of them are in the social networking game, Baer says. 22 percent of Americans use social networking sites several times a day. Facebook is the most addicting of the social net- works, with 23 percent of users checking their account fve or more times every day. Cant get enough of social media? You arent alone, research fnds at Rhoads & Sinon, noting that no matter how many times you hit the de- lete button, a controversial post is still oating around out there somewhere. Think about it being tattooed on your forehead, he says, because its never going away. In the old days, youd send a letter, and maybe a few people would see it, says Patrick Harvey, an attorney with Ballard Spahr in Philadelphia. Today, you send an email, and thousands may see it. Were in a different world now. You have to think before you do. Blurred lines Thats good advice for everyone on social media but especially for township supervisors and employees, who on the one hand are local ofcials with opin- ions, and on the other, taxpayers with opinions. Mixing the two, blurring those lines, is a potential recipe for disaster. Why? Because the very public na- ture of your job and ofce means that all eyes and possibly a smartphone or two are trained on you, your words, and actions. Thats true whether youre hanging out at the local diner with neighbors or on Facebook with hun- dreds of friends and friends of friends. No matter what hat youre wearing, public or private, the truth is, youre always on, and things you did or said yesterday or 30 years ago high school and college photos have a way of resur- facing can come back to haunt you, becoming fodder for clever attorneys, political opponents, and residents with an ax to grind. A Michigan city councilman found that out the hard way when a three- year-old YouTube video surfaced of him participating in a protest where he was carrying signs that depicted graphic violence against a former governor and the president. Such online behavior bafes Dave Hirko, manager of Jackson Township in Cambria County. I dont know why some people put the things on there that they do, he says. You never know whos looking at it. There is this new standard of scruti- ny, Rep. Mike Schlossberg agrees, and no matter where you are, youre a public ofcial rst and foremost. AUGUST 2014 PA TownshipNews 13 For this reason, some local lead- ers are opting to keep a low personal prole, or no prole, online. Others are a bit more adventurous but remain cau- tious. Lisa Everett, the secretary-treasurer for Covington Township in Tioga County, oversees two Facebook pages, one for the township and the other for her personal use. If its positive and pertains to the township, Ill post it on my personal page, she says, but Im very careful and always think about the repercussions. When in doubt, these 5 Rs of social media, developed by Jeanne Meister, an expert on workplace issues and a contributor to forbes.com, offer solid guidance for online behavior: Reason. Simply put, use reason- able etiquette, the same as you would ofine. Represent yourself. Anonymous proles lend themselves to more nega- tive content. Responsibility. Make sure that what youre saying is factually correct. Respect. What you say online is a permanent record, so dont say anything online you wouldnt feel comfortable saying to the whole community with a camera rolling. Restraint. Before you hit that Send button, pause and reread. If you wouldnt want that particular thought or contribution forever associated with your name, dont post it. And never forget: All it takes is one misstep a nasty rant, a questionable photo, a racial slur, a debate on local is- sues to expose you and the township to unwanted negative attention, at best, and liability and a lawsuit, at worst. Social media also opens the door for run-ins with open records and open meetings laws, even if youre conducting public business on personal devices and accounts which wont, by the way, shield you from the prying eyes of an attorney, experts say. Assume everything is discoverable, attorney Patrick Harvey says. Thats why I always caution people: Dont post until youve thought things through and dont use the Internet as a per- sonal diary of your innermost thoughts, says Michael McAuliffe Miller, an attor- In the old days, youd send a letter, and maybe a few people would see it. Today, you send an email, and thousands may see it. Were in a different world now. You have to think before you do. 14 PA TownshipNews AUGUST 2014 ney with Eckert Seamans in Harrisburg. For many reasons, patience and judi- ciousness make a huge difference. Harveys advice: Avoid putting your opinions in writing, no matter how much you want to vent, and take a walk instead. A recent court ruling supports his recommendation: The Constitution gives you the right to post, but as nu- merous people have learned, there are consequences. What you give to the public belongs to the public. What you keep to yourself belongs only to you. How protected are you? At rst glance, this self-imposed censorship may not seem fair. After all, what happened to free speech and the First Amendment? Social media has raised this and other questions as state and local of- cials grapple with what constitutes appropriate discussion on Facebook and other online venues, not only among themselves but also among employees and constituents. Earlier this year, for example, state lawmakers asked the Pennsylvania Ethics Commission for SOCIAL MEDIA MISSTEPS clearer guidelines for their online be- havior. What were seeing with social media is the inevitable intersection between the right of free expression and the legitimate right of government to protect its image, Miller says. Some- one might say, Well, this is America. If someone else has the right to say some- thing, why cant I? Its simple, he adds. You, as a public ofcial, have exposure, and with great power comes great responsibility. Still, a Hufngton Post poll revealed that nearly half of Americans think that the First Amendment protects them from being red for what they say. It doesnt. Although the First Amendment af- fords greater free speech protections for government employees relative to those in the private sector, speakers do not have carte blanche to insult or deride whoever they see t, a California attor- ney wrote. Rather, the courts will bal- ance the interest a governmental entity may have in regulating speech versus the constitutional rights of the speaker. Ballard Spahrs Patrick Harvey elab- orates. Local ofcials and employees, he says, can nd themselves in hot water if they threaten someone or say some- thing online thats deemed defamatory, such as calling a local developer or a township supervisor a thief. Breaching another persons privacy, such as dis- cussing a township employees medical condition in a blog, can lead to legal problems, too. Harvey uses the example of the now-red police chief of Gilberton Bor- ough, Schuylkill County, as someone who tipped the free-speech scale in the wrong direction. The chief drew nation- al attention when he posted profanity- laced pro-gun rights videos on YouTube that appeared to include threats against local council members. There is a line, Harvey says. Its difcult to nd sometimes, but there is a line. And thats the thing about social media use in local government and the workplace: The case law is still evolv- ing, Harrisburg attorney Robert Tribeck says. That means the rules governing online conduct for township supervisors and employees are constantly changing Someone might say, Well, this is America. If someone else has the right to say something, why cant I? Its simple. You, as a public offcial, have exposure, and with great power comes great responsibility. AUGUST 2014 PA TownshipNews 15 16 PA TownshipNews AUGUST 2014 as the courts and others attempt to apply nondigital-era laws to the Internet age. As a result, Tribeck says, the legal waters, at least as they apply to social media, are a bit muddy. This is probably the most quickly evolving area of law as it relates to public bodies, he says, and were still in its infancy. Over the next ve years, though, were going to see a lot more developed case law. To do: A social media policy From this legal murkiness, however, a least one thing has become clear: Just as township supervisors can establish guidelines for meeting and workplace conduct, they can develop similar rules for social media behavior and take ac- tion, such as disciplining staff or delet- ing posts, against those who break them. Therefore, attorneys agree, a good social media policy, one that is compre- hensive, well-dened, and consistently applied, is a must for every township. Its a no-brainer, Harvey says, Every- one needs to know whats expected. Kathy Snavely, owner of Lightkeeper Consulting in Lebanon County and a founder of the Harrisburg Social Media Club, agrees, adding its OK to expect people to play fair online. If you dont set up some rules, your Facebook page is go- ing to become a toxic waste dump for all the bullies in the school yard, she says. In reality, social media policies are few and far between. According to CNN, about a quarter of employers surveyed by the Society of Corporate Compliance and Ethics in 2009 had disciplined an employee for improper activities on social media sites. Only 10 percent of compa- nies, however, had specic social media policies, the survey found. Covington Townships Lisa Everett, an active Facebook user, has seen the good side of social media and the bad, including a township resident who was on the attack, and says such limits are necessary. We had an employee who was terminated two years ago, and her daughter has been a constant source of negative comments, she says. It got to the point where I told her to call me and talk to methat Facebook wasnt the place to air this stuff. It didnt stop. Everett, who took the brunt of the online jabs, wanted to shut the page down. Instead, the supervisors made a compromise with her and opted to stop allowing comments. (Note: The attorneys we interviewed say curtailing comments on township Facebook pages is permissible and even encourage it.) Everett knows, however, that the township needs to do more. A social media policy is something thats always in the back of my mind, she says. In West Manheim Township, York County, its a reality. The supervisors have adopted a three-page policy that lays out the ground rules for public behavior on its Facebook page and employee behavior SOCIAL MEDIA MISSTEPS Rep. Mike Schlossberg, who be- fore taking state offce oversaw social media for the Greater Lehigh Valley Chamber of Commerce, says its pret- ty simple for local and state offcials to avoid a social media meltdown. Just follow these tips, which frst ap- peared on www.governing.com: Training, training, training. Make sure everyone knows what they are doing. This includes how to use the social media platform, appropriate terminology, and what each button means. Dont underes- timate the importance of this. A mem- ber of the British Parliament recently found himself in hot water when he tried to block a tweet containing gay pornography but favorited it instead. Have a no-no list of topics that you should never discuss on social media. Some of these items will be the same for all offcials: anything that is racist, sexist, homophobic, or otherwise derogatory. The second list is specifc to each elected offcial. Double-check everything. Take those extra 10 seconds to make sure that you have no typos, your grammar is correct, and the links you are tweeting direct people to the site you are trying to send them to. (Such was the error of the communications director for a Cali- fornia gubernatorial candidatewho tried to send a link to an endorse- ment. Instead, she sent users to a YouTube video featuring a cross- dressing Korean bassist.) The world of social media is still very new and rap- idly evolving, Schloss- berg says. As such, there is a healthy fear about its use. However, at its core, its a tool that can be used for good or for bad. And you would never use any other kind of tool with- out frst learning how to use it so learn and then jump in. How to avoid a social media meltdown ADVICE: AUGUST 2014 PA TownshipNews 17 18 PA TownshipNews AUGUST 2014 SOCIAL MEDIA MISSTEPS SOCIAL MEDIA HAS PERVADED THE WORKPLACE. In fact, a 2012 SilkRoad Technol- ogy report revealed that 75 percent of employees access social media daily on the job and 60 percent do it multiple times per day. Employers must, therefore, balance their needs against employees freedom to engage in personal pursuits. Developing and implementing an effective social media policy are critical, according to a recent article from Bloomberg Law, which recommends employers take the following steps: Do not prohibit protected or concerted activity. Under a ruling by the Na- tional Labor Relations Board, employees have the right to post or carry on conver- sations on social media sites about their wages and working conditions. The policy should indicate that protected speech cannot be censored by an employer. Personal complaints and offensive remarks are not protected. Make it clear that legally protected activity does not include personal complaints or gripes, nor does it protect an employees offensive, demeaning, defamatory, abusive, or inappropriate remarks. Be specifc. A poorly drafted, overly broad policy could leave you subject to liability for potentially violating employee rights. Requiring disclaimers on certain posts is acceptable. Employers can re- quire employees to include disclaimers on their postings, such as, The postings on this site are my own and do not represent the employers positions, strategies, or opinions if the postings directly or indirectly relate to the employer. Prevent bullying, discrimination, and harassment. Social media can be- come a forum for inappropriate, unwelcome remarks about employees by supervi- sors or co-workers. Be clear in your social media policy that this kind of behavior will not be tolerated. Comply with state and federal laws. Remind employees not to post any information or engage in any online activity that violates applicable local, state, or federal laws. Be careful about what gets posted. Blogs and social media website postings may be reviewed, copied, and disseminated by others. LinkedIn specifcally is a great way to share exciting job-related news. Just make sure the news is not propri- etary or shared prematurely. Educate and enforce. Educate your employees and make the policy readily available and then monitor, enforce, and update the policy regularly. What to include and not include in your townships social media policy online, manager Kevin Null says. On Facebook, the township makes it clear that it will delete any posts that, among other things, contain vulgar, obscene, or sexually explicit language, threaten personal attacks, perpetuate discrimination, are off topic, or advo- cate illegal activities. Meanwhile, the townships 23 em- ployees are expected to represent the municipality on and off the job, Null says, adding that inappropriate activity on social media can lead to disciplinary action. The main thing we wanted to convey to employees is that yes, they do have freedom of speech, he says, but they should also remember where they work. Whitemarsh Township in Mont- gomery County has taken a similar ap- proach with its policy, which establishes clear social media boundaries for em- ployees, manager Richard Mellor says. The guidelines, for example, require employees with blogs to include a dis- claimer that the views expressed are their own, not the townships. The rules also restrict staffers from using social media to intimidate coworkers and from posting photos of fellow employees on- line without their consent. Social media can cause drama weve all heard the stories, Mellor says, so what weve told the employees is that we expect them to be respectful of the organization they work for and the employees they work with. Talk to your solicitor While social media policies will vary from township to township, attorney Robert Tribeck strongly advises all su- pervisors to develop their guidelines in consultation with their solicitor. This will ensure that the rules are legal, enforceable, and consistent with the First Amendment and the ever- evolving social media case law, he says. Last year, for instance, the National Labor Relations Board threw a curve- ball that sent a number of major com- panies, including General Motors, Tar- get, and Costco, scrambling to rewrite their social media policies. The ruling held that employees have the right to discuss work conditions freely and without fear of retribution, whether the discussion takes place at the ofce or on Facebook. These group discussions have been dubbed concerted activity and are protected. The labor boards rulings generally The main thing we wanted to convey to employees is that yes, they do have freedom of speech, but they should also remember where they work. AUGUST 2014 PA TownshipNews 19 tell companies that it is illegal to adopt broad social media policies like bans on disrespectful comments or posts that criticize the employer if those policies discourage workers from exer- cising their right to communicate with one another with the aim of improving wages, benets, or working conditions, the New York Times reports. Although the Pennsylvania Labor Relations Board has yet to issue a simi- lar decision, legal experts say that its likely the board will adopt this broader interpretation of employee rights, fur- ther shaping whats permissible online. And public servants, whether or not theyre on social media, should be pay- ing attention so they know where the legal lines are being drawn. The underlying theme of all of this is that public ofcials and employees need to be careful, and they need to be cautious, says Brian Gabriel, an attorney with Campbell Durrant Beatty Palombo & Miller in Pittsburgh. My best advice? Its simple: Dont engage in risky conduct online. Thats your best protection. F
Voters, What's On Your Mind? #Localpolitics State Rep. Mike Schlossberg Spearheads Twitter Town Hall As Traditional Methods of Reaching Constituents Decline in Participation