Friday, March 27, 2015

Was PBA Local 124 Facebook Post In Violation Of Middletown's Social Media Policy?

After learning about the post and a subsequent comment left on the Middletown PBA Local 124 Facebook page concerning the PBA's frustration with the township administration, community activist Linda Baum sent me the following:

I read your post "Middletown PBA Local 124 Facebook Post: "...township committee shows little to no thanks at all...", and Assistant Township Administrator Jim VanNest’s follow-up email to township employees that was mentioned in the comments didn't sit well with me. So I OPRA’d the  township’s social media policy,  to see what it says.

I think that the comments made by the township employee may be viewed as political activity. I’m told by a lawyer that public employees have the same rights as everyone else to engage in political activity, and that, if they were retaliated against for political activity, that would be illegal.

The memo from VanNest refereed to by commenter John Wite, implies consequences/retaliation. That by itself seems very wrong, if not unlawful, even if the township doesn’t retaliate because it creates an environment of fear and intimidation for employees.


Now, if the township has a social media policy that disallows specific employee activity, where that specific activity is allowed by law, then it seems the township’s social media policy would be invalid, at least in part.  It seems to attempt to restrict pretty much all work-related discussion or criticism of the administration, but on close reading may not. Thus, it’s not clear that the employee who posted on Facebook violated the township’s policy.

It appears truthful criticism of the administration is allowed.

Per an attorney consulted on this matter. Paraphrased:

"If the Township retaliates against an employee because that employee commented on matters of public concern, that is a violation of the First Amendment and could give rise to a civil rights case at the very least. The Township is inviting litigation when they start firing or demoting people, because the victims will say it was because of their protected speech activities."



You can read Middletown's Social Media policy ... HERE

14 comments:

Anonymous said...

After reading Middletown's Social Media Policy. and reading the memo that Mr. VanNest sent out to the employees of Middletown. To me this memo would be considered threatening and intimidating, that disparage, employees of the Township and could contribute to a hostile work environment. Mr VanNest should be subject to disciplinary action, up to and including termination.

matt said...

Ubelievable not only are theseheze supposedly civil servants blatantly unscupulous. Now they threaten opposition, lovely they need to go and soon

Anonymous said...

I agree that the memo from Van Nest seems to be a threat and possibly illegal. When the PBA's post was on Facebook, I supported it and offered to raise the issues with the T C at a meeting, as a nonemployee. My offer still stands. Thanks to Linda for looking into the matter.

Anonymous said...

If the above comments are in fact true, why has the PBA not filed the appropriate charges/grievances???

Wouldn't that be the proper course of action to take
or are these just idle threats like most of Middletown Mike's posts - SMOKE & MIRRORS!

Mike - you are just trying to discredit the FACT that Middletown is ranked among the best places to live - PERIOD!
Go on datauniverse and look up the salaries for Middletown cops, they are very fairly compensated!

If they weren't why do people keep applying??? No good answer for that one huh...

Anonymous said...

Middletown is no longer considered one of the best places to live and if Money Magazine reporters ever come here, it never will be again !!

Slick,meddling, republican politicians have corrupted this town so much it is not fit for a diverse society of today.

Only the school system (and no longer that either) and the town's proximity to New York's amenities qualified it in the past.

Anon 12:32a.m., you have your head in the sand ! You have always had your head in a pile of republican crap and cannot see the reality of any issue.

Anonymous said...

Well, in fact, the comments are most certainly NOT true, and are all bluster as anyone who can google can attest to.

Just recently a school employee from Vineland was fired for something she posted on FB that had absolutely nothing to do with her fellow employees or administration -- and that termination was upheld by federal district court because she violated the school's social media policy.

Can employees be fired for that? Yes they can. So warning them about it is wrong... Why exactly?

Anonymous said...

And so you admit Middletown is not a good place to live and that you suffer from a loose and not so accurate tongue .......Because that's the real truth of the matter!

All people should realize FB is a dangerous place to air your opinions and if you do post on FB or any social media outlet, you do it at your own peril.

Anonymous said...

The petty "little" dictators that run Middletown need to GO.....PERIOD!!!

Time to bring in the ACLU to protect the citizens that live here!!!!

Anonymous said...

If they are corrupt and you have evidence then you should call the prosecutors office immediately!

I love all the idle threats and slander in these comments, yet never any evidence or follow up through the proper channels. You keep saying vote them out and the best candidates in off years don't even come close to unseating them, STRANGE huh???

Hey guess what I just heard... they lowered spending by $1 million this year...spin away, spin away!

Anonymous said...

Yeah, they lowered spending but the tax levy was increased by half a million. Go figure, Digger !!

Smoke and Mirrors, huh ??

What's slanderous about bringing in the ACLU to protect the CIVIL RIGHTS of the people who live and work here, what ???

You republicans don't know any better, petty little dictators.

Anonymous said...

Lowered spending by coercing employees to retire and bring in lower paid people. Lowered spending by using more of the surplus that is set aside for emergencies, like the extra $800k used for snow removal this year.

Anonymous said...

Spending was offset by the savings realized by cost sharing of services, not by reduction of spending !!! Spin,spin,spin a usual play on words ,loose tongue huh,anon 12:53a.m. ???

What the hell did they inject you with anyway because you could not tell the truth if life depended on it. Can't distinguish between right and wrong ...truth and friction or the sins of omission.

Typical political bottom feeder.

Anonymous said...

If they want to save money the should get rid of their arts center that is a financial drain on the taxpayers.

Anonymous said...

That Arts Center has been nothing but a financial drain and it always will be ........that's what happens when you try to make silk out of a sow's ear.