1. ISSUING AGENCY: The City of Albuquerque Human Resources Department.

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1 TITLE CHAPTER 3 PART 7 HUMAN RESOURCES DEPARTMENT CONDITIONS OF EMPLOYMENT SOCIAL MEDIA POLICY 1. ISSUING AGENCY: The City of Albuquerque Human Resources Department. 2. SCOPE: These rules have general applicability to all prospective and current employees, both classified and unclassified, officials, volunteers, members of boards and commissions, contractors and others serving in an official capacity on behalf of the City, i.e. City representatives. 3. STATUTORY AUTHORITY: Americans with Disabilities Act of 1990, 42 U.S.C (2008) et. seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e (2013) et. seq.; National Labor Relations Act, 29 U.S.C. 151(1978) et. seq. Inspection of Public Records Act, NMSA 1978, (2011) et. seq. Request for Access to Social Networking Account Prohibited, NMSA 1978, (2013), Retention and Disposition Scheduled for General Administrative, Finance, and Personnel Records, NMAC; City of Albuquerque Labor-Management Relations Ordinance, R.O.A et. seq; Record Retention and Disposition Committee, Administrative Instruction No. 1-5 (March 9, 2005). 4. DURATION: Until revoked. 5. EFFECTIVE DATE: [TBD] 6. PURPOSE: To establish and publish the City s position on the permitted and prohibited use of all forms of social media by City representatives, for both personal and business use. The policy covers current and future forms of social media. 7. POLICY: The City may use social media to meet community needs, perform community outreach, problem-solving, and otherwise furthering the goals of the City; in doing so, the City s official use of social media must be at the highest professional standard. Similarly, City representatives utilizing social media in their personal and off-duty activities must meet the standard of conduct expected of City representatives at all times, commensurate with the individual s position. In addition to this policy, individual departments may establish department-specific requirements that do not contradict the City-wide policy. 8. DEFINITIONS: A. Blog means a self-published diary or commentary on a particular topic that may allow visitors to post responses, reactions, or comments. B. Chief Administrative Officer (CAO) means the highest ranking City employee or his designee. C. City means the municipal government of the City of Albuquerque. D. City representatives means employees, both classified and unclassified, officials, volunteers, members of board and commissions, contractors and others serving in an official capacity on behalf of the City. All provisions of this rule apply to all City employees, and, unless otherwise stated, to all other City representatives. E. Communications means any expression or conveyance of thoughts or opinions by means of spoken or written words, expressive conduct, symbolism, photographs, video, or any other expressive medium. F. Contractor means an individual or an organization under contract with the City of Albuquerque to carry out programs, services, or activities. Corporate contractors are responsible for the actions of their agents, employees and representatives. G. Department means one of the major subdivisions or units in which the City of Albuquerque government is organized. H. Director means the highest level manager of a department within the City of Albuquerque government or his designee. I. Mark means a brand, logo, symbol, seal, or any other portrayal Page 1 of 6

2 J. Microblog means a blog that is smaller than a traditional blog and in which there is a limitation on the length of the individual postings. Examples include, but are not limited to, Twitter and Tumblr. K. Page means the specific portion of a social media website where content is displayed and which is managed by an individual or individuals with administrator rights. L. Podcast means a digital audio or video recording that is usually part of a themed series, and can be downloaded and listened to on a computer, MP3 player, or mobile phone. M. Post means content an individual shares on social media site or the act of publishing content on a site. N. Profile means information that a user provides about himself or herself on a social networking site. O. Social bookmarking means the practice of saving bookmarked webpages to a centralized online service as a way to share the links with other internet users. P. Social media means any online tool or application, whether or not commercial, that is readily available to the public at large and allowing collaboration, interaction, and sharing by others. Examples include but are not limited to, such current popular social media styles and formats including blogs; microblogs; wikis; photo and video sharing; podcasts; virtual worlds; social networking; social news and bookmarking; web conferencing and webcasting. Q. Social media site means a website that leverages social media and communications tolls for its visitors. Examples include, but are not limited to, commercial sites such as YouTube, Facebook, and My Space, as well as various other public and private forums, message boards, etc. Thousands of these sites exist. R. Social networks means platforms where users can create profiles, share information, and socialize with others using a range of technologies. S. Speech means any expression or conveyance of thoughts or opinions by means of spoken or written words, expressive conduct, symbolism, photographs, video, or any other expressive medium. Speech and Communication are equivalent terms. T. Streaming means the constant transfer of data, such as audio or video material, from a source to an end user for immediate processing or playback. U. Web-conferencing means a service that allows conferencing events to be shared with remote locations, through the use of internet technologies. Examples include, but are not limited to, webinars, interactive conferences, and online workshops. V. Web-casting means the broadcasting of news, entertainment, etc. by streaming content over the internet to multiple recipients who all receive the content at the same time. W. Wiki means a collaborative website that allows any user to edit, delete, or revise content by using a web browser. Examples include, but are not limited to, Wikipedia and Wikispaces. X. Virtual worlds means computer based simulated three dimensional environments where users take the form of avatars that are visible to other users. Examples include, but are not limited to, World of Warcraft, Second Life, Ultimate Online, and EverQuest. 9. OFFICIAL USE OF SOCIAL MEDIA A. The integrity of identifiable City and department marks shall be preserved. City and department marks shall not be used for commercial gain or to present the City in a false light. B. All social media content shall adhere to applicable state, federal, and local laws, regulations, and City policies, including, but not limited to the City s information technology, and records management requirements, the City s Code of Conduct, its harassment and sexual harassment policy and any applicable records retention laws and disposition schedules. C. All contents published and received by the City using social media in connection with City business are public records, and therefore subject to record retention law. Record retention schedules for social media records must be maintained in compliance with the Retention and Disposition Schedules for General Administrative, Finance and Personnel Records. D. City-created social media pages shall include: (1) An introductory statement clearly specifying the purpose and scope of the City or department s presence on the website when possible; (2) A link to the department s official website when possible; Page 2 of 6

3 (3) A statement that the material is maintained by the City of Albuquerque and respective department; and (4) Contact information prominently displayed when possible. E. Appropriate Official Use. Social media is a valuable communication tool to provide information regarding subjects including, but not limited to: (1) Road closures; (2) Special events; (3) Weather, fire and other public emergencies; (4) Missing persons; (5) Major ongoing events in the metropolitan area or the state that could affect the entire community; (6) Community outreach initiatives; (7) Recruiting or advertising of employment and volunteer opportunities; (8) Training opportunities for current employees. F. In posting to social media on the behalf of the City, authorized City representatives acting on behalf of the City shall: (1) Adhere to applicable state, federal, and local laws, regulations, and City policies, including, but not limited to, the City s information technology and records management requirements, the City s Code of Conduct, its harassment and sexual harassment policy and any applicable records retention laws and disposition schedules; and (2) Identify themselves as City representatives, specifying the position they hold within the City, and, if applicable, the department with which they are affiliated. 10. PERSONAL USE OF SOCIAL MEDIA BY CITY REPRESENTATIVES A. City representatives may express themselves as private citizens on social media sites to the degree that their speech does not violate any provision of this social media policy, impair or impede the performance of their duties, impair discipline and harmony among co-workers, or interfere with the regular operation of the City. B. All use of social media sites by City representatives, whether on or off duty, shall be consistent with applicable state, federal, and local laws, regulations, in particular, but not limited to the City policies regarding the Code of Conduct, harassment and sexual harassment, and internet use. City representatives are responsible for being aware of any revisions or amendments to any such laws, regulations, or policies. C. The City recognizes that City representatives may choose to participate in personal social media activities. If a City representative does so use social media; the activities must: (1) Remain personal in nature and be used to share only personal or non-work related opinions and information; (2) Not be used for any work-related purposes; (3) Not utilize City account or password in conjunction with the personal social networking site. D. While City employees have the right to discuss terms and conditions of employment with one another, federal, state, and Constitutional law does not protect employee communications that: (1) Violate company policy (2) Divulge confidential information (3) Make libelous, abusive, or pornographic comments E. If the City representative s association with the City is disclosed in any way, all statements made by the individual reflect on the City as a whole and create perceptions regarding the City government in general along with perceptions regarding the various elected officials and the body of personnel as a whole. (1) All postings by a City representative shall disclaim as follows: The postings on this site are my own and do not reflect or represent the opinions of the City of Albuquerque. (2) Supervisors, managers and professional staff, in particular, are held to the highest standard commensurate with the individual s position. F. Guidance in use of social media: (1) Information posted on personal social media sites can be accessed by a wide audience. (2) The ability to restrict access to posts is limited. Page 3 of 6

4 (3) Once posted, material can be viewed, copied, forwarded, printed, or otherwise shared with the at large public, as well as with other City representatives. (4) Privacy settings and social media are constantly in flux. (5) One should never assume that personal information posted on internet sites is private or protected. (6) City representatives must be mindful that they are public servants and should ensure that their personal social media activities do not interfere with their work or with their workplace environment. (7) The City s Code of Conduct and harassment and sexual harassment policy may be applicable to personal social media use, on and off-duty; especially, but not limited to, situations where and when the communication relates to or is made pursuant to official job duties. (8) City representatives are solely responsible for their personal social media activity and are therefore responsible for any liability created by any posting. City representatives should be aware that defamation includes, but is not limited to: (a) Publishing or posting, without a person s permission, private facts and personal information that has not been previously revealed to the public, is not of legitimate public concern, and would be offensive to a reasonable person; (b) Using someone else s name, likeness, or other personal attributes without that person s permission for an exploitative purpose; (c) Publishing the creative work of another, trademarks, or certain confidential business information without the permission of the owner. (9) City representatives should assume that co-workers and City management will see anything and everything posted online, and act accordingly. (10) City representatives are responsible for following this policy and using good judgment with their social media activities. City representatives uncertain about whether their prospective online activities are in violation of this policy should request advice and further guidance from the designated Human Resources Department staff member handling social media or the department s Human Resources Coordinator before engaging in the conduct. Asking guidance after the action has occurred is unacceptable and will not immunize any improper conduct or violation of this policy. G. Prohibitions in use of social media, on or off-duty: (1) Using insulting abusive or offensive communications, whether language, actions or pictures, toward any person, whether a member of the public, the public in general or co-workers; (2) Making sexual advances toward other City representatives; (3) Making unwelcome sexual advances toward any person; (4) Acting in a manner that could create an intimidating or offensive working environment; (5) Denigrating or harassing any person because of a person s race, religion, color, gender, national origin, ancestry, age, marital status, disability, medical condition, sexual orientation or gender identity; (6) Engaging in retaliatory communications directed at other City representatives; (7) Making any communications; examples, include but are not limited to, statements, speeches, appearances, and endorsements; or the publication of materials that could reasonably be considered to represent the views or positions of the City or the department without express authorization from the applicable department director and the City s Chief Administrative Officer; (8) Willfully making fraudulent or false statements; (9) Disclosing confidential, proprietary or personally identifiable information acquired because of or through the City representative s position with the City, unless so required by federal or state law; (10) Violating copyright laws, trademarks and restrictions, including but not limited to, posting or authorizing another party to post photographs or other depictions of identifiable City marks without written permission of the applicable department director and the City s CAO; or (11) Posting medical or emergency response information acquired because of or through the representative s position with the City, unless so required by federal or state law; especially, but not limited to, disclosures in violation of HIPAA. Examples of prohibited postings include, but are not limited to, images, videos or audio recordings, photographs of victims or patient s data or electronic patient care reports including photographs, whether such were taken by the representative in the course and scope of employment. H. Under no circumstances may City representatives use the City s systems or equipment or City controlled or owned property or resources to: Page 4 of 6

5 (1) Post communications in violation of this policy; (2) Transmit any foul, indecent, scandalous, or improper communications; (3) Transmit any offensive, demeaning, or disruptive communications; (4) Transmit any racial or sexual communications or engage in any harassment or threats of violence; (5) Transmit any retaliatory communications; (6) Transmit communications in connection to or in support of political, religious, or controversial or potentially controversial causes; or (7) Transmit communications in connection to, or in support of any business venture other than that of the City. I. De minimis personal use: City representatives should primarily use the City s electronic communications systems and equipment for business-related purposes. Occasional, de minimis personal use of social media websites is permitted; however, such use shall be limited to times when the representative is not required to perform duties for the City, and when the representative s personal use will not hinder the use of the City systems or equipment by other representatives for work-related purposes. De minimus personal use of the City s electronic communications system and equipment means extremely limited use in relation to the amount of time on the computer and the city representative s work hours. Under no circumstances may the City s electronic communications system and equipment be used in a manner contrary to any of the provisions of this policy or any other policies that cover electronic communications or workplace technology. As with any provision in this policy, individual City of Albuquerque departments may establish more restrictive social media policies, including a complete prohibition on personal use of social media during working hours. J. First Amendment: City representatives are cautioned that their speech, made pursuant to their employment duties, in the course of their official duties, or relating to their professional responsibilities, whether on or off duty, may not be protected by the First Amendment. K. No expectation of privacy: Communications sent or received using the City s electronic communications systems or equipment are the City s property, and are not individual s private property. City representatives using City equipment have no right to privacy and no expectation of privacy with respect to those communications, whether communicated via social media sites or otherwise. The City reserves the right to monitor, review, intercept or gain access to communications initiated or received by City representatives on the City s electronic communications systems and equipment. Use of the City s systems constitutes consent to such monitoring, reviewing, interception or access. The City is not required to provide notice to City representatives before or after any review of communications. L. Social media is subject to the Inspection of Public Records Act (IPRA) and any other open records laws. 11. VIOLATIONS OF THE SOCIAL MEDIA POLICY A. Reporting Violations: (1) Non-employee City representatives who become aware of or having knowledge of a posting or of any website or webpage in violation of any provision of this policy should notify the appropriate supervisor, department director, human resources staff person or other high-level management official immediately. (2) Employee City representatives who becomes aware of or having knowledge of a posting or of any website or webpage in violation of any provision of this policy shall notify the appropriate supervisor, department director, human resources staff person other high-level management official immediately. B. Violations of this policy. (1) Employees in violation of any provision of this policy are subject to disciplinary action, up to and including termination. (2) Volunteers, including but not limited to, members of boards and commissions in violation of any provision of this policy are subject to removal from their positions. (3) Contractors, both individuals and corporate, in violation of any provision of this policy are subject to cancellation of their respective contract. (4) Other City representatives in in violation of any provision of this policy are subject to action appropriate to the City representative s respective position. Page 5 of 6

6 12. EMPLOYEE RIGHTS: Nothing in this policy is meant to restrict or prohibit City personnel rights under the City of Albuquerque Merit System Ordinance, ROA et seq.; Labor-Management Relations Ordinance, ROA , et. seq.; the City of Albuquerque Whistleblower Ordinance, ROA , et. seq.; or any applicable federal or state law History: Enacted, Page 6 of 6