State’s first-ever social media policy sets parameters for online speech

Iowa's first-ever social media policy appears to allow state employees some room to discuss work conditions online, a legal expert said.

The state's new social media policy, introduced last month, tells approximately 17,800 executive branch employees what they can and can't do on sites like Facebook and Twitter, as well as on blogs and message boards.

'Social media is an aspect of almost everyone's lives,” said Caleb Hunter, spokesman for the Department of Administrative Services. 'This is an effort to make employees aware the information they share on social media may have a connection to their job duties.”

More than half of the states already had a social media policy in 2012, with another quarter developing policies at that time, according to a survey by the National Association of State Chief Information Officers (NASCIO), a non-profit membership association.

Public agencies nationwide have faced embarrassment, criticism and even lawsuits based on employee social media posts, NASCIO reported.

Albuquerque Police Officer Trey Economidy, who was involved in a fatal on-duty shooting in 2011, described his occupation on Facebook as 'human waste disposal,” according to the Albuquerque Journal. After a news outlet published the online post, Economidy was suspended for four days. Albuquerque settled with the victim's family earlier this year for $300,000.

The National Labor Relations Board found a Connecticut ambulance company violated federal law when it fired an employee after she complained about work and her boss on Facebook from her home computer, NASCIO said. The Labor Relations Board found the company's policy limiting blogging and Internet posts was too broad.

Iowa's new policy warns employees their personal social media accounts shouldn't be used to conduct business. State employees, especially those in leadership or who identify themselves online as state employees, might even consider posting a disclaimer stating their opinions don't represent the state, the policy advises.

The policy, while prohibiting employees from sharing confidential state information and disparaging customers and clients online, appears to allow some room for discussion about conditions of employment, said Murray Weed, a Georgia attorney who consults on the legal aspects of social media.

'That is a very pro-employee stance,” he said after reviewing Iowa's rules. 'In many places, employment conditions would have to be matters of public concern or else the employee could be disciplined.”

Protecting workers' rights to free speech is critical, said Danny Homan, AFSCME Iowa Council 61 president. 'On their own time, they have the right to post an opinion,” he said.

State agencies are increasingly using social media to share information with citizens. The Iowa Department of Transportation's Twitter feed, @iowadot, for example, has more than 21,000 followers. But Iowa's new social media policy doesn't delve into what the public is allowed to say on these state-sponsored sites.

'One of the most important components of a social media policy is a takedown policy,” said Meredith Ward, senior policy analyst for NASCIO. 'It should state when comments posted by users are removed so that employees and citizens/posters understand the parameters.”

Broadening Iowa's social media policy may be considered in the future, Hunter said, but rules for public posters may already exist in individual departments.

Other changes to the 2014 State of Iowa Employee Handbook include:

' Updating smoking policy to prohibit use of electronic cigarettes in state-owned buildings or vehicles

' Adding 'inattentiveness to duty” and 'theft” as reasons for disciplinary action

' Clarifying that use of state-provided Internet and email to transmit, retrieve or store obscene material will result in discharge

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