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Policy 225Santa Ana Police Department Custody Manual Copyright Lexipol, LLC 2024/01/12, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Speech, Expression, and Social Networking - 1Speech, Expression, and Social Networking 225.1 PURPOSE AND SCOPE This policy is intended to address issues associated with employee use of social networking sites and to provide guidelines for the regulation and balancing of employee speech and expression with the legitimate needs of the Department. Nothing in this policy is intended to prohibit or infringe upon any communication, speech or expression that is protected or privileged under law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws. For example, this policy does not limit an employee from speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit, about matters of public concern, such as misconduct or corruption. Employees are encouraged to consult with their supervisor regarding any questions arising from the application or potential application of this policy. 225.1.1 APPLICABILITY This policy applies to all forms of communication including, but not limited to, film, video, print media, public or private speech, use of all internet services, including the World Wide Web, email, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, video, and other file-sharing sites. 225.2 POLICY Public employees occupy a trusted position in the community, and thus, their statements have the potential to contravene the policies and performance of this department. Due to the nature of the work and influence associated with the law enforcement profession, it is necessary that employees of this department be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public, the Santa Ana Police Department will carefully balance the individual employee’s rights against the Department’s needs and interests when exercising a reasonable degree of control over its employees’ speech and expression. 225.3 SAFETY Employees should consider carefully the implications of their speech or any other form of expression when using the internet. Speech and expression that may negatively affect the safety of the Santa Ana Police Department employees, such as posting personal information in a public forum, can result in compromising an employee’s home address or family ties. Employees should therefore not disseminate or post any information on any forum or medium that could reasonably be anticipated to compromise the safety of any employee, an employee’s family or associates. Examples of the type of information that could reasonably be expected to compromise safety include: Santa Ana Police Department Custody Manual Speech, Expression, and Social Networking Copyright Lexipol, LLC 2024/01/12, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Speech, Expression, and Social Networking - 2•Disclosing a photograph and name or address of a correctional officer who is working undercover. •Disclosing the address of a fellow correctional officer. •Otherwise disclosing where another correctional officer can be located off-duty. 225.4 PROHIBITED SPEECH, EXPRESSION, AND CONDUCT To meet the department's safety, performance and public-trust needs, the following are prohibited unless the speech is otherwise protected (for example, an employee speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit, on a matter of public concern): (a)Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation or professionalism of the Department or its employees. (b)Speech or expression that, while not made pursuant to an official duty, is significantly linked to, or related to, the Department and tends to compromise or damage the mission, function, reputation or professionalism of the Department or its employees. Examples may include: 1.Statements that indicate disregard for the law or the state or U.S. Constitution. 2.Expression that demonstrates support for criminal activity. 3.Participating in sexually explicit photographs or videos for compensation or distribution. (c)Speech or expression that could reasonably be foreseen as having a negative impact on the credibility of the employee as a witness. For example, posting statements or expressions to a website that glorify or endorse dishonesty, unlawful discrimination or illegal behavior. (d)Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of the employees of the jail. For example, a statement on a blog that provides specific details as to how and when prisoner transportations are made could reasonably be foreseen as potentially jeopardizing employees by informing criminals of details that could facilitate an escape or attempted escape. (e)Speech or expression that is contrary to this department's Code of Ethics. (f)Use or disclosure, through whatever means, of any information, photograph, video or other recording obtained or accessible as a result of employment with the jail for financial or personal gain, or any disclosure of such materials without the express authorization of the Chief of Police or the authorized designee. (g)Posting, transmitting or disseminating any photographs, video or audio recordings, likenesses or images of department logos, emblems, uniforms, badges, patches, marked vehicles, equipment or other material that specifically identifies the Department on any personal or social networking or other website or web page, without the express authorization of the Chief of Police. Santa Ana Police Department Custody Manual Speech, Expression, and Social Networking Copyright Lexipol, LLC 2024/01/12, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT