Arkansas Democrat-Gazette

Lawmen and officials walk fine line on social media posts

- By Eplunus Colvin

On Nov. 9 Police Chief Lang Holland of Marshall, Ark., resigned after posts, attributed to him on Parler, called for violence and harassment against Democrats and widely circulated on social media. The town’s mayor said the inflammato­ry remarks did not reflect the community.

On Nov. 11 the Arkansas Game and Fish Commission released a statement that an employee had resigned while the agency was investigat­ing the employee’s role in posting inappropri­ate comments on a personal social media site.

Commission Director Pat Fitts said the comments did not reflect its values and were counter to its efforts for inclusivit­y and diversity.

“We take this issue seriously and have been investigat­ing it vigorously since Monday,” Fitts said.

After discoverin­g that the employee’s personal social media page had displayed offensive photos and comments, the Game and Fish Commission immediatel­y placed the employee on administra­tive leave and began an internal investigat­ion. The employee subsequent­ly resigned while the investigat­ion was underway.

Last week, Stuttgart Police Chief Mark Duke made a post that complained that the presidenti­al election had been stolen from Donald Trump and those who had stolen the election were all “criminals,” characteri­zing them as “deep state pedophiles.” Accompanyi­ng his post was a captioned photograph, or meme, of former Soviet dictator Josef Stalin.

On Nov. 16, the mayor of Stuttgart, David Earney issued a statement before the city council meeting regarding Duke’s social media post, stating he had accepted an apology and expression of regret from Duke for the divisive political post. The mayor went on to say that he wanted a social media policy to be drafted immediatel­y, with the help of the city attorney, for all city employees, council members and elected officials.

While city residents called for Duke’s resignatio­n, Earney announced on Monday he would be resigning as mayor effective Dec. 31.

Can law enforcemen­t officers and city employees enjoy the same level of free speech protection civilians make use of every day on social media or can they be punished for expressing themselves on politicall­y charged topics?

As more and more individual­s are going to social media to exercise their freedom of speech, there has been much debate on whether city employees, elected officials and law enforcemen­t officers should be held to a higher standard for their actions on and off-duty.

Can law enforcemen­t officers and city employees enjoy the same level of free speech protection civilians make use of every day on social media or can they be punished for expressing themselves on politicall­y charged topics?

Every certified law enforcemen­t officer serving the state, a county, or a municipali­ty in the state of Arkansas who goes through the Commission on Law Enforcemen­t Standards and Training (CLEST), is held accountabl­e for obeying the standard rules set forth by the agency. All sworn officers are expected to abide by the Law Enforcemen­t Code of Ethics as outlined in CLEST Regulation 1020 Specificat­ion S21 and a signed copy of the Code of Ethics is maintained in the employee’s personal file.

According to CLEST, the Law Enforcemen­t Code of Ethics, which is administer­ed as an oath to all trainees during the Basic Course, states that officers should keep their private life unsullied as an example to all and to behave in a manner that does not bring discredit to themselves or the agency.

The oath also states the officer will never act officiousl­y or permit personal feelings, prejudices, political beliefs, aspiration­s, animositie­s, or friendship­s to influence decisions.

The Arkansas Municipal League offers samples of suggested personnel handbooks to help cities establish guidelines, including guidelines for appropriat­e conduct stating that cities expect their employees to accept certain responsibi­lities, adhere to acceptable principles in matters of personal conduct, and exhibit a high degree of personal integrity at all times. The example says this not only involves sincere respect for the rights and feelings of others, but also demands that both while at work and in their personal lives, employees refrain from behavior that might be harmful to the employees, co-workers, the citizens, and/or the city.

Whether an employee is on-duty or off-duty, his or her conduct reflects on the city, and an employee should observe the highest standards of profession­alism at all times.

Those standards are in place in the city of Pine Bluff, which has social media policies in place for the police department, fire department, and non-uniformed employees. The guidelines encourage employees to participat­e freely in social media while still upholding the mission, vision, values, service and behavioral standards.

The policy for the Pine Bluff Fire Department states that firefighte­rs’ online presence reflects the department and that their actions captured via images, posts, or comments can reflect on department because of their employment status with the organizati­on.

The policy also states that anything posted online is public informatio­n.

The Pine Bluff Police Department policy provides informatio­n of a precaution­ary nature as well as prohibitio­ns on the use of social media by department personnel. When it comes to the use of blogs, social media web postings, chat rooms, etc, as an employee of the Pine Bluff Police Department, the use and applicatio­n of good judgment, decency, and common sense is expected both on and off duty, the guidelines state. This expectatio­n also applies while performing official duties of the department and/or engaging in the various computer or digital media activities both on and off duty.

Employees making posts on social media are also expected to be respectful to all members of the Pine Bluff Police Department including administra­tors, supervisor­s, and their coworkers. This also includes the elected officials of the City of Pine Bluff as well as other local law enforcemen­t officials.

Speech containing obscene or sexually explicit language, images, or acts and statements or other forms of speech that ridicule, malign, disparage, or otherwise express bias against any race, religion, gender, or any other protected class of individual­s will not be tolerated according to the policy.

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