After two hours of testimony, council members voted 6-0 with one member absent to uphold the action against firefighter Shane Farmer. Make sure you post as a private citizen. Kelley and Deputy Chief Mike Walker stand firm on internal discipline despite outrage online. Administration should make it clear that once the information gathering begins, the gathered information should be accumulated with the same process and remain local to the department. What Does the American Rescue Plan Mean for Fire Departments? 2014) and Fire Officer’s Legal Handbook(2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column. The protection offered by collective bargaining laws is relatively limited. A nationwide helmet sticker company is printing merchandise in support of Britt. Webcast. Citizens and fellow firefighters around the country have spoken out in vocal social media posts. Let the department share the information. Editor’s Note: This article is part of a series of articles in which Curt Varone will address questions on important fire service legal issues. We rely on the department to disclose this information officially, and even then many of the details are not shared on our sites because they are too raunchy, disrespectful, unofficial, and not necessary for everyone to know. If discipline is justified, consider all of the circumstances in … It also suggests that Fornell is the one investigating and disciplining the first group of firefighters for taking their photo and putting it on social media. In the classroom, we all know the answer: to change behavior. Whether or not that’s the right policy, it’s rational, and connected to normal limitations on … Most firefighters have heard the term “social media-assisted career suicide,” referring to just such post that can derail – or end – a fire service career. Keep in mind, I can listen to hundreds of departments radio traffic as long as I have an internet connection. Citizens and fellow firefighters around the country have spoken out in vocal social media posts. But as you know, or are about to find out, numerous police departments have them in place. Examples include speech that causes the public to question your willingness to provide a service to all members of the community, and hence lessen their confidence in the services your department provides. The department can always disclose more information later. The short answer for the last part of that question is that unfortunately we are seeing too many people share too much information too early. Identifying yourself as a firefighter through photos, statements, and even discussing incidents can cause you to be perceived as a spokesperson for your organization. Controlling firefighter reporters. SOCIAL MEDIA POLICY 1. COLUMBIA, S.C. (WSPA) – Three Columbia firefighters and a paramedic have now been fired over things they posted on social media about a Black Lives Matter protest. Their General Order: G09-01-06 is for Officers Use of Social Media … I mean that if a news organization shares bad information, the department can call them and clear the air. This information can then be dissected and only the facts pertinent to the incident worthy sharing with the public should be made known to the public. The importance of this question and its obvious answer cannot be overstated. Social media tends to dominate headlines about firefighter free speech issues. Read about that here. 2011, 3rd ed. However, if an eye witness shares bad information it will more than likely be outside the ability to control that information. Octavius Rowe, a 15 year veteran member of the Boston Fire Department, was placed on paid administrative leave on October 2, 2017. The employer argued that the Facebook posts from the two African American officers were not as bad as the plaintiff’s. The focus is on how others may view you based upon all the facts and circumstances. There could be potential issues regarding arson, death, other injuries, crimes, etc. The First Amendment only protects public employees when they are discussing matters of public concern. This information should be agreed upon by more than one person (possibly senior or executive staff including legal counsel). As a firefighting professional, you are trusted by your employer and have … Making threats to harm or withhold services from certain individuals or groups, or encouraging others to cause harm or withhold services from certain individuals or groups, are likely to be categorized as causing actual harm or disruption to the mission and function of the department. The fire service endorses the secure use of social media to enhance communication and information exchange; streamline processes; and foster productivity with its employees. Plus, people will want to come help. Understanding when you can and cannot be disciplined requires an understanding of two important topics: (1) the First Amendment and (2) for departments that are subject to collective bargaining, the right of employees to engage in concerted activities. The level of discipline imposed ultimately depends on the severity of the employee’s conduct and on the circumstances of each case, having regard to any applicable mitigating factors. For example, the Chicago Police Department has a social media policy. They CANNOT take back any information they share once it is shared. The plaintiff claimed that this reflected disparate treatment based on his race (white), which would violate Title VII of the Civil Rights Act of 1964, if true. Dave uses the term SMACS, or social media assisted career suicide. If you would like to submit a question, please email Shannon Pieper at spieper@lexipol.com. Firefighters must be what the public expects them to be. Social Media & its Place In the Fire Service 10 Cell Phones Be aware of the context. It is hard to apply some of the private-sector NLRA concepts to the public sector—but don’t allow yourself to be the test case. I don’t mean you cannot discuss it within your company, but there is no need to post anything on Facebook until your department discloses that information. Coverage of Spalding County, Georgia cell phone video story Social media vs. LODD Some previous columns dealing with first responders, cameras & … As for the details to be shared, that is going to be done case by case. But what are some of the things you are seeing out there? A little background behind my question. In a collective bargaining environment, it may be possible that some work-related discussions among co-workers that are not of a public concern may be entitled to some protection through collective bargaining laws. 3. Kelley and Deputy Chief Mike Walker stand firm on internal discipline despite outrage online. This is about respect, right vs. wrong, and discipline. I am not allowed speaking with news crews unless I am told to or given permission by a superior. Employers Can Discipline Employees for Certain Social Media Activity. You might also get some insight on this very topic recently discussed about the shooting incident at Virginia Tech. What are you seeing with departments in regards to attempting to control what goes out by their members in regards to LODD and serious injuries? The control of information on social networks might be frustrating, but utilization of the format above and below can and will help! of Educ., 391 U.S. 563, 573 (1968)], and Connick [Connick v. Myers, 461 U.S. 138, 145 (1983)], “the First Amendment does not protect public employees when their speech interests are If asked about a name or details, just tell them you don’t know or you cannot tell. SOCIAL MEDIA – “BALANCING” FD POLICIES VS. FIRST AMENDMENT RIGHTS . VISIT > FDIC International 2021 AUG. 2-7, 2021 / INDIANAPOLIS, IN. BFD employee Octavius Rowe threw away fifteen years … I prefer the broader term cyber-casualty. If you are a member of a department when serious injury or death occurs within your department… Respect your brother and sister firefighters by keeping your information to yourself and allow your administration to do their jobs.
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