Scottsboro, Alabama - January 28, 2019 - Jackson County Commission Regular Session - Update on Social Media Policy

Jackson County Courthouse, North Entrance (photo by G. Morgan)

UPDATE ON SOCIAL  MEDIA POLICY - January 28, 2018

Proposed Jackson County Employee Social Media Policy (pictured above) - As of today's date at 4:45 PM there is no approved Social Media Policy. One of the county commissioners, Mike Sisk, District 4, had discussions with employees at the Jackson County Public Works and circulated the policy shown below last week without approval from the full Jackson County Commission, and without legal review from the County Attorney. Other commissioners stated they were not aware of Mr. Sisk's actions until today when inquiries regarding the social media policy were discussed by this writer with the commissioners prior to today's Jackson County Commission meeting.

Concerned county employees at Public Works who were in possession of the proposed policy provided me with the document provided to them last week.

AGENDA - JACKSON COUNTY COMMISSION - JANUARY 28, 2019

I. CALL TO ORDER, WELCOME –

II. CALL OF ROLL TO ESTABLISH QUORUM, INVOCATION AND PLEDGE

OF ALLEGIANCE –

III. APPROVE AGENDA OF MEETING – JANUARY 28, 2019

IV. AWARDS AND PRESENTATIONS –

V. PUBLIC COMMENT FROM CITIZENS –

VI. OLD BUSINESS –

Motion to approve Minutes from the following meeting dates as a combined approval action: Oct.29, 2018 meeting; November 14, 2018 meeting; November 19, 2018 meeting; November 26, 2019 meeting; December 3, 2018 meeting – no quorum present. All APPROVED

VII. NEW BUSINESS –

  

1) MOTION TO APPOINT TWO MEMBERS (TIMOTHY MCKENZIE AND ANGELA GUINN) TO THE DHR BOARD. - APPROVED

2) MOTION TO APPROVE AND MOVE FORWARD WITH THE AUBURN UNIVERSITY PERSONNEL PROJECTS. - APPROVED

3) MOTION TO ACCEPT HIRING COMMITTEES RECOMMENDATION FOR THE VACANT HMT-1 POSITION FOR JACKSON COUNTY PUBLIC WORKS DEPARTMENT. - APPROVED

4) MOTION TO ACCEPT HIRING COMMITTEES RECOMMENDATION FOR THE TWO (2) VACANT TEMPORARY LABORER POSITIONS FOR JACKSON COUNTY PUBLIC WORKS

DEPARTMENT. - APPROVED

5) MOTION TO APPROVE THE ROADWAY STRIPING LIST PROPOSAL FROM THE COUNTY ENGINEER. - APPROVED

6) MOTION TO APPROVE THE TRANSFER OF A PARKS DEPARTMENT EMPLOYEE TO THE MAINTENANCE DEPARTMENT EFFECTIVE FEBRUARY 18, 2019 - APPROVED

VIII. REPORTS FROM STAFF:

A. COUNTY ADMINISTRATOR

B. COUNTY ENGINEER – Update on work performed in preparation for inclement weather.

C. COUNTY ATTORNEY

D. OTHER

IX. COMMENTS FROM COMMISSION – Commission Chair stated the Jackson County Commission’s Social Media Policy has not been approved nor has received legal review by the Jackson County Commission Attorney. The circulation of the proposed policy at Public Works was not authorized by the Jackson County Commission.  

X. ADJOURN –

VIDEO

Scottsboro, Alabama January 22, 2019 - Jackson County Commission Work Session - UPDATE - Jan. 25, 2019 Social Media Policy, Personnel System Woes, Some Job Descriptions 30 Years Old, Out of Date - 2 Part Video, After Meeting Discussion at End of Part 2 Video

Jackson County Courthouse, North Entrance (photo by G. Morgan)

UPDATE - January 28, 2019 - Proposed Jackson County Employee Social Media Policy - As of today's date at 4:45 PM there is no approved Social Media Policy. One of the county commissioners, Mike Sisk, District 4, had discussions with employees at the Jackson County Public Works and circulated the policy shown below last week without approval from the full Jackson County Commission, and without legal review from the County Attorney. Other commissioners stated they were not aware of Mr. Sisk's actions until today when inquiries regarding the social media policy were discussed by this writer with the commissioners prior to today's Jackson County Commission meeting.

UPDATE - JANUARY 25, 2019 - PROPOSED JACKSON COUNTY EMPLOYEE SOCIAL MEDIA POLICY - Is this a policy which has received legal review?

EMPLOYEE DISCIPLINE OR CENSORSHIP OF POLITICAL SPEECH?

(Click on image for an expanded view.)

Employees have informed me they are in receipt of the County Social Media policy, this policy has not been approved by the Jackson county Commission. The Commission Chair stated the policy would be reviewed by the County Attorney. Geez, is this the final work product after review? 

The proposed Social Media Policy for Jackson County employees has areas of concern, particularly since it appears to violate both the Alabama Constitution and rulings from the U.S. Supreme Court on what is and is not allowed regarding social media postings by government employees.

This policy appears to violate the Alabama Constitution and Supreme Court rulings on government employee speech, specifically political speech of Jackson County Employees. The policy also attempts to allow only supporting speech regarding a politician or political candidate, but would not allow non-supporting speech. Re: Negative or Positive labels regarding political speech of an employee.

The Chairman of the Jackson County Commission told me explicitly that employees discussing elected officials or political candidates on social media which did not agree with the candidates or elected officials political positions would not be a part of a social media policy, but yet there it is.

An employee may only support a politician's political position but never make a social media posting which does not support the politician or political candidate?

There is no mention of employee speech which serves a public purpose or the public interest.

Alabama Constitution, Section 4, Freedom of Speech and the Press.

"That no law shall ever be passed to curtail or restrain the liberty of speech or of the press; and any person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty."

American Bar Association weighs in, comprehensive discussion on the issue:   https://www.americanbar.org/content/dam/aba/events/labor_law/2017/11/conference/papers/Crasovan-Public_employee_Free_Speech.pdf

AGENDA

JACKSON COUNTY COMMISSION WORK SESSION AGENDA JANUARY 22, 2019 

I. CALL TO ORDER, WELCOME 

 II. CALL OF ROLL TO ESTABLISH QUORUM, INVOCATION, AND PLEDGE OF ALLEGIANCE 

III. APPROVE AGENDA OF MEETING – JANUARY 22, 2019 

IV. AWARDS AND PRESENTATIONS 

V. PUBLIC COMMENT - Garry Morgan , Proposed Social Media Policy

VI. DISCUSSION ITEMS FOR COMMISSION 

1) DHR BOARD APPOINTMENTS (2) 

2) VOTING PRECINCTS - consolidation of smaller precincts inquiry

3) AUBURN UNIVERSITY PERSONNEL PROJECT - It was noted that the Auburn U. Consultation Project may cost $14-$15K; 

Presentation by Human Resource Director Michelle Willis regarding the Auburn University Project (photo by G. Morgan).

VIDEO PART 1

Presentations by County Engineer (4-7) part 2  video

4) HMT 1 RECOMMENDATION (1) 

5) TEMPORARY LABORER RECOMMENDATIONS (2)

6) FA RESURFACING PROJECT SELECTION 

7) ROADWAY STRIPING LIST PROPOSAL 

VII. REPORTS FROM STAFF:

 VII. ADJOURN –

 VIDEO PART 2

Issue discussion, Personnel Policy at end of video with Commission Chair and Human Resource Director. Confusion regarding objective performance standards system, unaware of modern system of Objective Performance Standards; many job descriptions not updated for 30 years.

Scottsboro, Alabama January 7, 2019 - Jackson County Commission Work Session - Social Media Policy Discussed

Jackson County Courthouse north entrance - photo by G. Morgan

Commissioners to consider Social Media Policy regarding employee comments on social media about county business or personnel. Chair of Commission stated in the past there has been a problem with county employees discussing false information regarding people, policy or official actions on social media. No specific instances or examples were provided. The commission chair referred the matter to the county attorney due to concerns regarding First Amendment Rights. 

AGENDA

(Click on image for an expanded view.)

VIDEO