Agenda. Introduction Effective Use of Social Media Constituent Services Moments of Crisis Feeding the Trolls Questions

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4 Agenda Introduction Effective Use of Social Media Constituent Services Moments of Crisis Feeding the Trolls Questions

5 Introduction Served on Baltimore City Council for 5 years. Currently serving on Maryland House of Delegates. Passed progressive legislation targeting the proliferation of alcohol establishments in communities of color; returning citizens fair hiring; elimination of preventable health disparities; and inner city economic development.

6 Effective Use of Social Media Consistency Staying committed to usage Timely and Accurate Responding Engaging Creating thought-provoking post Fun Rule #1

7 Constituent Services Social media is an effective way for an elected to broadly distribute non-targeted messaging in a robust and distinct manner. Service Request Interaction with Federal, State, Municipal Agencies Promotion of services and events Legislation Engagement Office Highlights Recognition

8 Moments of Crisis Social media is an effective way for an elected to engage constituency during times of crisis. Baltimore Uprising Natural Disasters Public Safety Incidents Traffic

9 Feeding The Trolls Social media is a medium for all, including folks who do not have your best interest at heart. There is a healthy balance of engagement that must be employed. Never Block Don t Be Afraid Stay Professional Know When To Say When

10 @Nick.Mosby

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12 The First Amendment Foundation Protecting Your Right to Know for over 30 Years! Tallahassee, FL

13 Constitutional Right of Access: Records and Meetings Article I, section 24(a) Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf...this section specifically includes the legislative, executive, and judicial branches of government;... counties, municipalities, and districts; and each constitutional officer, board, and commission.... Article I, section 24(b), Fla. Con. All meetings of any collegial body of the executive branch of state government or of any... county, municipality, school district, or special district, at which official acts are to be taken or at which public business... is to be transacted or discussed, shall be open and noticed to the public....

14 What is a Public Record? The term public record is broadly defined in law as all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Section (11), F.S. The Florida Supreme Court has said a public record is any material prepared in connection with official agency business which is intended to perpetuate, communicate, or formalize knowledge of some type. Shevin v. Byron, Harless, Schaffer, Reid and Assoc., 379 So. 2d 633, 640 (Fla. 1980)

15 What is a meeting? Generally, the Sunshine Law applies to any gathering, whether formal or informal, of two or more members of the same board or commission to discuss some issue on which foreseeable action will be taken by the board or commission. Hough v. Stembridge, 278 So.2d 288 (Fla. 3d DCA 1973) The Sunshine Law requires boards to meet in public; boards may not take action or engage in private discussions of public business via written correspondence, s, text messages, or other electronic communications. AGO The Florida Supreme Court has said the Sunshine Law is to be construed so as to frustrate all evasive devices. Town of Palm Beach v. Gradison, 296 So. 2d 473, 477 (Fla. 1974)

16 Personal Communication Devices In determining whether a record is made or received in connection with the official business of an agency, the determining factor is the nature of the record, not its physical location. State v. City of Clearwater, 863 So. 2d 149 (Fla. 2003) The fact that an is sent from a private account using a personal computer is not the determining factor as to whether that is a public record was the prepared or received in connection with official agency business? If yes, the is a public record subject to the requirements of the Public Records Act. Butler v. City of Hallandale Beach, 68 So. 3d 278 (Fla. 4 th DCA 2011)

17 Communications messages made or received by agency officers and employees in connection with agency business are public records and subject to disclosure [and retention requirements] absent a specific statutory exemption. AGOs and Text Messages The Attorney General has said that the same rules that apply to should be considered for electronic communications including text messages and instant messaging. Inf. Op. to Browning, March 17, 2010

18 Social Media Facebook Posts The Florida Attorney General has said placement of material on an agency s Facebook page presumably would be in connection with the transaction of official business and thus subject to the public records law, and that the agency is under an obligation to follow retention schedules established by law. AGO Tweets And although neither the AGO nor the courts have directly addressed the issue of tweets as a public record, we can safely assume that such records, if intended to perpetuate, communicate, or formalize knowledge related to official agency business are subject to the requirements of the Public Records Act.

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20 My agenda for this webinar 1 Discuss real-life examples and case studies 2 Explore the importance of archiving in managing social media risk 3 Answer your questions Slide 20

21 Real Life Examples

22 Source: Associated Press School board member resigned after making a derogatory reference on Twitter to the female anatomy Indiana lawmaker inundated with criticism on Facebook post about fat women

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24 Source: Caller-Times

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26 Social Media Records

27 Public Records Law in Your State See your requirements at bit.ly/smpublicrecords Slide 27

28 Does Facebook have your data? 7,790 records deleted from Facebook in one month ArchiveSocial Study Conducted 1/1/2016 1/31/2016 Sample size of 400 customers 281 customers protected from deletions

29 Real public records requests However, social media comments Johnson has made since then "undercut the city's confidence" that Johnson would provide the records - The Daytona Beach News-Journal Any and all documents that relate to All reports of the incident All notifications of the street closure All s and communications between Slide 29

30 Even the President needs to archive Learn more at archivesocial.com/whitehouse Slide 30

31 Archiving Social Media Slide 31

32 Put it in your policy Download a free template:

33 Avoid these pitfalls DO NOT believe that one way social media exists. You can t: Turn off Facebook comments Prevent Twitter mentions Disable all private messaging DO NOT rely on each social network to keep your data forever. DO NOT rely on copy & paste. Slide 33

34 Evaluate archiving solutions Is content captured in (near) real-time? Is the data authentic? Would it hold up in court? How compliant is the solution? Is it built for social media? Does it capture details such as multimedia, comment replies, live streams?

35 Evaluate archiving solutions How easily can you search and reproduce social media conversations in PDF format for requests? Will your elected officials agree to be archived (or will you ask for their passwords )? Is it proven in real circumstances? Is it costeffective? How easy is it to set up? Slide 35

36 Case Studies

37 Case Studies: From our customers Skagit County, WA County employed a social media archive for protection when Sheriff s post generated a social media crisis Download the Government Technology case study

38 Case Studies: From our customers Margate, FL Citizen issued public records request after comments were removed for violating social media policy. Watch the Government Technology webinar

39 Case Studies: From our customers Also in South Florida Lawsuit filed when the Police Department shared a scam alert regarding a local company

40 CRISIS SUPPORT IN CASE OF SOCIAL MEDIA CRISIS:

41 The Most Trusted Social Media Archive in Government (888) Sample your own archive (free) at

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43 GovTech Academy: What Elected Officials & their Staff need to know about Social Media Legal issues related to Social Media 1. Public Records or FOIA laws 2. Sunshine or Open Government Laws 3. Agency Record Retention 4. Local Policies and Best Practices 43

44 Introduction Social media services focus on building online communities of people who share interests and/or activities, or who are interested in a subject matter. Becomes a legal issue for governments, primarily because of the Sunshine Law and Public Records Law For government social media sites, there are restraints making it imperative that several departments coordinate for social media use. 44

45 Sunshine & Open Government Laws In Florida, local governments adhere to constitution and state law prohibiting discussing matters that reasonable can come up for a vote Since no notice, open to public nor minutes taken when socially chatting, it becomes a big problem Cannot prevent blogging on newspaper sites or other communication, but can prevent on City social network 45

46 Public Records or FOIA Laws Most states and the federal government have some laws addressing obtaining public information. With social media, the key is whether it is an agency letter. Query: How is posting on social media any different than an Editorial letter? 46

47 Agency Record Retention Most states have requirements how long certain records must be maintained Not about form of the record, but substance. 47

48 Local Agency Practice & Policy Bonita Springs located in southwest Florida. Incorporated 2000 (internet every employee had computer access). Prior policy concerned about misuse of computers and telephone new issues not of porn or inappropriate material, but time misuse at the workplace 48

49 Bonita Springs Personnel Personnel Ordinance limits personal use of network sites (Facebook, MySpace, Twitter) and internet blogs, unless work related. Reduce employee time on personal matters Could not tell if employee using the internet for personal or work related when the sites are visited with work computers If work related, City Manager must approve prior to use with the I.T. Department being informed. 49

50 Social network Within 30 days from adopting policy, Parks & Rec asked to be permitted to create a page on MySpace, Facebook and Twitter (MySpace long disabled new networks are added) Other pages have followed 50

51 Virtual Meetings Virtual Meetings Meetings cannot be a 24 hour community forum because it frustrates the person who is trying to watch a meeting. Go to any forum and see if people stay on task when they communicate with each other. Keeping to agenda which was noticed difficult with electronic communications 51

52 Twitter and texting Smartphones add another twist to social networking and local government law Bonita Springs issued phones disabled texting Policy changed to allow communication, similar to City s & internet policies, provided they added the public business to the server 52

53 Additional Communication Redacting policy Whether the search violated the Fourth Amendment rights of Jerilyn Quon, Florio, and Trujillo, who sent text messages to Jeff Quon. Parties disagreed whether a sender of a text message can have a reasonable expectation of privacy in a message he knowingly sends to someone's employer-provided pager. Court decided it was a reasonable search with no expectation of privacy. City of Ontario, Cal. v. Quon 2010 WL , 13 (U.S.) (U.S.,2010) 53

54 Conclusion New technology can be used to follow Sunshine & Public Records Law. Prevention is key by updating human resource policies and communications policies. Education and educate often Dr. Phil its not about you but the other person wanting the information in compliance with the laws. 54

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56 Growing Your Tribe Achieving Success On Social Media

57 411 on Anton J. Gunn Former Advisor to the President of the United States on ACA Former Member of the South Carolina House of Representatives Early Adopter of Social Media (FB 06, Twitter 08) Verified on Twitter (4,500 followers) Personal Facebook: (5,000 friends); Fan Page: (1800 followers) Instagram: (1900 followers) Certified Leadership Speaker, Trainer & Coach with John Maxwell Team Authored a leadership book called The Audacity of Leadership (2009) Anton J. Gunn

58 Top Gunn s TEN COMMANDMENTS 1. Have Something to Say (issues, messages) 2. Find Your Tribe (where are your constituents) 3. Choose Your Lanes, Dominate (less is more) 4. Build Your Profile 5. Share Something Everyday 6. Know What Others Are Saying (Google Alerts) 7. Push Your Social Sites to Your Tribe 8. Rapidly Respond 9. Don t Forget About Using 10.Engage, Act and Impact Anton J. Gunn

59 Budget Debate in Real Time

60 Budget Debate in Real Time

61 Share Who You Are

62 Top Takeways Embrace Social Media as a Constant Focus on One or Two Platforms (Dominate) Find and Engage Your Constituents Educate Yourself Share Something Everyday Engage, Act and Impact Anton J. Gunn

63 Contact Info: Anton J. Gunn

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