Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

PAP.4.8.200 Policy Regarding Use of Social Media by Employees

(a) While the Tribe/LCOHA encourages its employees to enjoy and make good use of their off-duty time, certain activities on the part of employees may become a concern if they have the effect of impairing the work of any employee; harassing, demeaning, or creating a hostile working environment for any 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), employees 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 employee shall be subject to disciplinary action, up to and including termination of employment, depending upon the severity and repeat nature of the offense, if an employee publishes any personal information about the employee, another employee of the Tribe, the Tribe and its officials, or a tribal member in any public medium (print, broadcast, digital, or online) that:

(A) has the potential or effect of involving the employee, their coworkers, tribal members or the Tribe in any kind of dispute or conflict with other employees or third parties;

(B) interferes with the work of any employee;

(C) creates a harassing, demeaning, or hostile working environment for any employee;

(D) disrupts the smooth and orderly flow of work within the office, 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 employee 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 their program Director.

(3) Employees 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 policy. In such a situation, the employees involved should request guidance from their program Director or the Executive Director 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 the policy 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 policy are not intended to restrict communications regarding the terms and conditions of the workplace.

(b) How an employee uses social media is not a matter of concern as long as it is consistent with the aforementioned provisions on this policy. Employees may address any questions on this policy to the Lac Courte Oreilles Legal Department.