10 PA TownshipNews AUGUST 2014

face, the smoochy, puckered-lip look

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