Earlier this month, the U.S. Office of Government Ethics (OGE) released its Standards of Conduct as Applied to Personal Social Media Usage. The standards are as follows:
1. Use of Government Time and Property
This requirement limits the amount of time employees may access their personal social media accounts while working on government business (i.e. while on the job). In addition, supervisors may not order or ask a subordinate to work on their (the supervisor's) personal social media accounts.
2. Reference to Government Title or Position & Appearance of Official Sanction
This requirement prohibits employees from using their official titles, position, or any authority associated with their government employment for personal gain. This rules implies that in certain situations it may be a best practice to post a "clear and conspicuous disclaimer" that the content on one's personal social media account is not sanctioned or endorsed by the government.
3. Recommending and Endorsing Others on Social Media
Government employees may recommend others on social media platforms such as LinkedIn. However, in my opinion, supervisors and subordinates should be very careful when endorsing each other on digital platforms because it may create potential legal issues in the future.
4. Seeking Employment through Social Media
Those seeking employment via digital platforms must conform with all applicable laws and regulations. Therefore it is imperative to know and understand all rules and regulations when utilizing social media for employment purposes.
5. Disclosing Nonpublic Information
Employees are prohibited from disclosing non-public information on digital platforms to further their personal interests or the personal interests of others. The World War II adage, "Loose lips sink ships" is alive and well in the Social Media Age so use caution when posting information online.
6. Personal Fundraising
Employees are permitted to utilize personal digital accounts to fund raise for non-profit charitable organizations as long as they comply with all appropriate federal rules. For example, employees should not personally solicit funds from subordinates or prohibited sources.
7. Official Social Media Accounts
Employees who are authorized to utilize official social media accounts must comply with all applicable laws, rules, regulations, policies, directives, etc...
OGE may issue updates from time to time so it is best to utilize caution when participating in social media. The bottom line is when in doubt don't post online.
Copyright 2015 by The Law Office of Bradley S. Shear, LLC All rights reserved.
