Lakewood Police Department
Policy and Procedure
Social Media Policy 		Effective Date: 12/18/2013
Policy Number: PP-1069
  1. Policy   The purpose of this policy is to describe the manner in which the Department may authorize such use and to set forth the rules and limitations that govern such use. This policy also sets forth the extent to which an employee’s personal use of social media may bring that personal use within the purview of City/ Department policies. 

    2.  Definitions:

    Business-related: A department employee’s use of their City e-mail address, position title, or official capacity or any department employee’s personal use of social media that relates to a bona fide occupational requirement that is reasonably and rationally related to the employee’s official duties or affiliation with the City, or that may create a conflict of interest or the appearance of such a conflict of interest.

    Social Media: For purposes of this policy, social media/ social networking sites includes the broad and emerging array of personal and professional websites, blogs, chat rooms, and bulletin boards; social networks such as Facebook, LinkedIn, Twitter, and MySpace; video-sharing sites such as You Tube; wiki postings, diaries or personal newsletters, and email. Examples of Internet based social networking sites include: blogs, networking sites, photo sharing, video sharing, micro-blogging, and podcasts. The department acknowledges that this type of technology changes rapidly, and therefore this list is intended to be illustrative rather than comprehensive, and this definition should in no way be construed to limit the applicability of this policy.


  2. Procedure
    1. While accessing and communicating on any social media site located on the Internet, regardless if it is done while conducting official, work-related business or done for personal use, employees shall conduct themselves in a manner that is consistent with the Code of Conduct and shall not engage in any activity or present themselves in such a manner that would be detrimental to the proper functioning of the Department or the City, that would impede the proper performance of work as assigned, or that would bring the professionalism of department personnel into disrepute.

    2. Social Media Use in General

      1. Speech Pursuant to Official Duties. As public employees, department personnel are cautioned that speech on- or off-duty, made pursuant to their official duties – that is, that owes its existence to the employee’s professional duties and responsibilities – is not protected speech under the First Amendment and may form the basis for discipline if deemed detrimental to the department. Department personnel should assume that their speech and related activity on social media sites will reflect upon their office and this department.

      2. No Expectation of Privacy. The City may monitor all business-related employee use of social media, as well as any non-business related use that occurs on City work time or using City resources. The City may also monitor content posted by a City employee in furtherance of his or her job duties and edit, rectify, or remove any content that it deems, at its sole discretion, to violate any law, regulation, City or department policy, or that is otherwise inappropriate. Therefore, department personnel should expect that any information created, transmitted, downloaded, exchanged, or discussed in a public online forum may be accessed by the department at any time without prior notice, and should have no expectation of privacy in such content or information.
        3.  
      3.  Applicability of Other City Policies. All other City and department policies apply in the social media context.
        4.  
      4.  Confidentiality. Department personnel shall not post, transmit, or otherwise divulge any information that is confidential or law enforcement sensitive that is gained by reason of their employment. Employees are prohibited from disclosing or posting information or details concerning the following without the written permission from the Chief of Police or designee:
           
        1.  Criminal or traffic investigations;
        2.  Calls for service, traffic stops, or other contacts with citizens;
        3.  Crime scene images or recordings;
        4.  Evidence; 
        5.  Internal affairs investigations; 
        6.  Personnel issues, including disciplinary actions; and
        7.  Pending litigation.
        5.  
      5.  Undercover Operations. Officers who work or who may reasonably be expected to work in undercover operations shall not post any form of visual or personal identification. 
        6.  
      6.  Precautions. Engaging in conduct prohibited by this policy may provide grounds for undermining or impeaching an officer’s testimony in judicial proceedings. 
      3.  
    3.  Professional Use.

      1.  Creation and Termination of Social Media Accounts. Employees may not participate in social media or establish any social media accounts in their capacity as a department employee unless authorized to do so by their supervisor. All authorized accounts are the property of the department; therefore, those employees authorized to participate in social media must provide their supervisor with all information required to access and post on authorized sites, such as user names, passwords, and the like. All authorized social media accounts shall only be accessed from City computers and shall not be accessed from a personal computer. All employees authorized to participate in social media on behalf of the department are subject to this policy. Employees may not use social media for purposes beyond that authorized by their supervisor or for their own personal purposes. Employees who exceed their authorization or who violate this Policy may have their social media privileges revoked and may be subject to discipline. The department may at any time and in its sole discretion terminate any social media account established pursuant to this policy.Employees are required to read and understand the Terms of Service and any other policies established by social media websites. While the Terms of Service may preclude certain activities, in the course of professional investigative duties, it would be appropriate for a police employee to not disclose their actual name, identity and other personal identifying information. For the purpose of maintaining authorized undercover social media accounts, employees are not required to provide their actual name or personal identifying information on approved undercover social media accounts. Employees are expected to stay current regarding any changes to these terms and policies and to notify their supervisor of any substantive changes.

      2. Open Records. Professional participation in social media by department personnel may be open to the public in accordance with the Colorado Open Records Law, and employees do not have an expectation of privacy concerning their participation. Employees should not use a City e-mail address to register for personal social media, as everything connected to that e-mail address could be considered a public record.

      3. Personal Use of Social Media Not Permitted On City Time or Resources. Department personnel may not use City resources or work time to sign up for or access personal social media accounts. Department personnel may only access social networking sites for official business purposes, such as for conducting investigations. 

    4.  Personal Use.

      1.  Impact upon Department. Department personnel are free to express themselves as private citizens on a social media sites to the degree that their speech does not impair working relationships of this department for which loyalty and confidentiality are important, impede the performance of duties, impair discipline and harmony among coworkers, or negatively affect the public perception of the department. 

      2. Identification as Department Employee. For safety and security reasons, department personnel are discouraged from disclosing their employment with this department and are prohibited from posting information pertaining to any other member of the department without their permission. While not specifically prohibited, department personnel are discouraged from doing the following:
           
        1.  Displaying department logos, uniforms, or similar indentifying items on personal web pages. 

        2. Posting personal photographs or provide similar means of personal recognition that may cause them to be identified as a police officer of this department. 

      3. Code of Conduct Applies. When using social media, department personnel should be mindful that their speech becomes part of the worldwide electronic domain. Therefore, adherence to the department’s Code of Conduct is required in the personal use of social media. In particular, department personnel are prohibited from the following:
           
        1.  Speech containing obscene or sexually explicit language, images, or acts and statements or other forms of speech that ridicule, malign, disparage, or otherwise express bias against any race, any religion, or any protected class of individuals. 

        2. Speech involving themselves or other department personnel reflecting behavior that would reasonably be considered reckless or irresponsible.

        3. Speech about coworkers, supervisors or the City that are vulgar, obscene, threatening, intimidating, harassing, or a violation of the City’s workplace policies against discrimination, harassment, or hostility on account of any protected class, status, or characteristic.

        4. Speeches or endorsements or publish materials that could reasonably be considered to represent the views or position of the department without express authorization.

          5.  This prohibition shall not be applied to deny an employee’s First Amendment rights. 

      4.  Privacy Settings. Department personnel should be aware that privacy settings and social media sites are constantly in flux, and they should never assume that personal information posted on such sites is protected.