Call of Duty: Managing Mobile Texts & Tweets with Transparency – a Guide for Government Officials

If you’re an elected official or a government employee, navigating the intersection of personal social media usage and public records law is complex. With laws varying and evolving nationwide, it’s critically important to differentiate between personal, campaign and official social media accounts to comply with public records laws. Here are some general guidelines for you to keep in mind:

1. Account Differentiation: Clearly label your social media accounts – personal, campaign, and official. Use disclaimers to clarify their nature and ensure strict separation in content and usage.
2. Compliance with Public Records Law: Government accounts should never be used for personal or campaign activities. Similarly, personal and campaign accounts must not be used for government business.
3. Privacy Settings: Personal accounts should have appropriate privacy settings, like “friends only” to maintain their personal nature.
4. Handling Government Queries: Establish protocols f or redirecting government-related queries received on personal accounts to official channels, including a process for recording these interactions.
5. Content Restrictions: Avoid posting content related to your government role on personal accounts. Such content can transform a personal account into a public one.
6. Precedent Cases: Notable court rulings, such as President Trump’s Twitter account case and a Virginia official’s Facebook case, highlight the legal complexities. These rulings show how personal accounts used for government business can be subjected to constitutional scrutiny.
7. Avoid Mixing Personal with Official: Do not promote personal social media accounts in official settings or link them from government accounts.
8. Device Usage: Refrain from using government devices for personal social media activities. Does that mean having to carry two mobile phones? In most situations – yes.
9. Public Meeting Caution: Be wary of social media interactions that could inadvertently constitute a public meeting, especially when a quorum discusses official matters.
10. Text Messaging: Even when sent from personal mobile phones, text messages can be subject to discovery under certain circumstances. When elected officials discuss government-related matters, such communications can become part of the public record, regardless of the device used. Also keep this in mind: Just because you deleted something from your mobile phone, laptop or the computer on your desk doesn’t mean it was actually deleted and unrecoverable.
11. Understand Public Records Laws: Familiarize yourself with the specific public records laws in your jurisdiction. These laws often define what constitutes a record that must be preserved and potentially disclosed.
12. Use Official Channels for Official Business: Always use government-issued devices or official communication channels (email, phones, messaging apps) for conducting official business. This helps maintain a clear line between personal and professional communications.
13. Avoid Discussing Official Business on Personal Devices: Refrain from discussing government-related matters via text or calls on personal devices. If such a discussion inadvertently occurs, transfer the conversation to an official channel as soon as possible and retain records of the conversation.
14. Training and Policies: Regular training and clear policies for elected officials and staff can help in understanding the implications of using personal devices for official communication.
15. Record Keeping: Develop a system for documenting and preserving communications that pertain to government business, even if they occur on personal devices. This may involve forwarding relevant texts or emails to an official account.
16. Transparency and Disclosure: Be prepared to disclose communications related to official business when requested, in compliance with public records laws.
17. Separate Personal and Professional Contacts: Keep a clear separation between personal and professional contacts. Avoid using the same personal accounts or phone numbers for both personal and official interactions.
18. Public Perception and Ethics: Be mindful of the public perception and ethical considerations of using personal devices for official matters. Even if legally permissible, it may raise concerns about transparency and accountability.
19. Emergency Situations: In emergencies, if personal devices are used for official business, ensure that these communications are properly documented and transferred to official record-keeping systems as soon as possible.
20. Seek Legal Advice: We are not attorneys and the above is not intended to offer legal advice. We strongly advise you to consult an attorney for specific guidance on social media use as a public official. Regular consultations with legal advisors will help ensure compliance with evolving laws and to understand how court decisions may impact the treatment of electronic communications.

Remember, the key is to maintain transparency and accountability in all communications related to official government business, regardless of the medium used.

Stephanie York contributed to this article.

Photo Credit: ChatGBT