MCC.1.7.050 Policy Regarding Use of Social Media by Elected Officials [Suspended]

(a) While the Tribe encourages its Elected Officials to enjoy and make good use of their off-duty time, certain activities on the part of Elected Officials may become a concern if they have the effect of impairing the work of the official duties of the government; harassing, demeaning, or creating a hostile working environment for any Elected Official or employee; disrupting the smooth and orderly flow of work within the office; or harming the goodwill and reputation of the Tribe. In the area of social media (print, broadcast, digital, and online services such as Facebook, LinkedIn, MySpace, Plaxo, and Twitter, among others), Elected Officials may use such media in any way they choose as long as such use does not produce the adverse consequences noted above. For this reason, the following provisions apply regarding an employee's use of social media, both on and off duty:

(1) An Elected Officials shall be subject to removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, depending upon the severity and repeat nature of the offense, if an Elected Official publishes any personal information about an Elected Official, an employee, the Tribe, or a tribal member in any public medium (print, broadcast, digital, or online) that:

(A) Has the potential or effect of involving an Elected Official, an employee, tribal members or the Tribe in any kind of dispute or conflict with other Elected Officials, employees or third parties;

(B) Interferes with the work of any Elected Official or employee;

(D) Disrupts the smooth and orderly flow of work within the government, or the delivery of services to tribal members;

(E) Harms the goodwill and reputation of the Tribe in the community at large; or

(F) Tends to place in doubt the reliability, trustworthiness, or sound judgment of the person who is the subject of the information.

(2) No Elected Official may use the Tribe's equipment or facilities for furtherance of non-work-related social media related activities or relationships without the express advance permission of the Tribal Governing Board.

(3) Elected Officials who conduct themselves in such a way that their social media related actions toward and relationships with each other interfere with or damage work relationships, disrupt the flow of work or tribal member relations, or cause unfavorable publicity in the community, should be concerned that their conduct may be inconsistent with one or more of the provisions of this ordinance. In such a situation, the Elected Officials involved should request guidance from Tribal Governing Board to discuss the possibility of a resolution that would avoid such problems. Depending upon the circumstances, failure to seek such guidance may be considered evidence of intent to conceal a violation of this ordinance and to hinder an investigation into the matter.

(4) Use of social media that involves any kind of criminal activity or harms the rights of others may result in criminal prosecution or civil liability to those harmed, or both.

(5) Social media access and use involving Tribal equipment and resources are subject to the Tribe's computer and internet policy at all times.

(6) The provisions in this ordinance are not intended to restrict communications regarding the terms and conditions of the workplace.

(b) How an Elected Official uses social media is not a matter of concern as long as it is consistent with the aforementioned provisions on this ordinance. Elected Officials may address any questions on this policy to the legal department.