Facebook complicated for public officials

FROM: http://www.heraldtribune.com/article/20120101/ARTICLE/120109975/2055/NEWS?p=all&tc=pgall

By Carrie Wells
carrie.wells@heraldtribune.com
Published: Sunday, January 1, 2012 at 4:02 p.m.
Last Modified: Sunday, January 1, 2012 at 4:02 p.m.

Public officials might have more to worry about with Facebook than just an embarrassing picture from college resurfacing.

Seemingly innocuous posts could become minefields of litigation under Florida's tough public records laws, which require everything on an elected official's or government's page to be carefully catalogued. If elected officials are caught chatting about anything which may come up later for a vote, they could land themselves in legal trouble.

A number of local governments have been cautious to embrace the social networking site for these reasons, but are slowly warming up to it, seeing the potential to promote themselves and connect with the public. Citizens here, too, are beginning to use Facebook to discuss controversial topics, like term limits for elected officials.

Public officials could run afoul of the law with something as simple as when a "friend" posts something on their page and they have no system in place to archive it.

At a recent Sarasota County Commission board retreat, most commissioners said they were in no hurry to give in to Facebook.

"It's too risky," Commissioner Jon Thaxton said. "We're vulnerable just sitting here and doing email. I'm frustrated with my Facebook page. If I was not in this office I would not have a Facebook page because the postings and all...it's enough to drive a person crazy."

Attorney General Bill McCollum issued an opinion in 2009 that postings on social media sites be considered the same as other public records and must follow regular retention schedules. And what can be a typical exchange on a social media site, such as two commissioners posting about a topic that could come up for a vote at a public meeting later, could qualify as a violation of Forida's Government in the Sunshine law.

The Florida Bar Journal this year called the issue of social media used by public officials or governments a "minefield of litigation" and warned against the potential for costly lawsuits.

But governments and elected officials are increasingly trying to expand their use of the site, seeing potential in connecting with residents — especially seniors, the fastest-growing group of Facebook users.

Sarasota County last week launched a new Facebook page, called Sarasota County Community Connections, as well as another for hurricane information. But as is the case with other local governments, comments from the public on the page are not encouraged.

Creating a buzz

Barbara Peterson, president of the Florida First Amendment Foundation, said some local governments have struggled to adapt. Professional Facebook pages by governments or elected officials have to be open to everyone, and friend requests cannot be denied, she said.

"It is a great way to get your message out there," Peterson said. Still, she added, "I would caution them to separate out their professional Facebook page from their private Facebook page."

But even that can cause problems. In May, two Miami Lakes councilmen came under fire when one posted a message on his personal Facebook page asking his friends, which included the other councilman, to support a measure he liked. A citizen asked a state corruption prosecutor to look into the matter.

This region has been slower than others in Florida to embrace social media, but that is starting to change.

While use by younger people has slowed, older people — the regions biggest population — have become the fastest-growing group using social media.

Close to half of Internet users aged 50-64 and more than one in four users age 65 and older now use social networking sites, according to a study done last year by the Pew Internet and American Life Project.

Only 25 percent of Internet users 50-64 and 13 percent of those 65 and older reported using social media just a year before, the study found.

Seeking an easy public forum to discuss the recent issue of whether county commissioners should be limited to a certain number of terms, a number of local activists went with Facebook. The group quickly attracted more than 200 members.

Sarasota County Commissioner Christine Robinson said she used to fill her private Facebook page with opinions on local issues. Robinson said she has since steered clear of that for fear of running afoul of the law.

"That's why I don't post on it so often since I became a commissioner," she said. "I used to post in it quite often."

Now, she mostly uses her private account to share pictures of her young children with friends, but is very enthusiastic about having the county help her set up a professional page soon.

"I think it's an incredible opportunity to create a buzz about Sarasota County," she said.