Was PBA Local 124 Facebook Post In Violation Of Middletown's Social Media Policy?

After learning about the post and a subsequent comment left on the Middletown PBA Local 124 Facebook page concerning the PBA's frustration with the township administration, community activist Linda Baum sent me the following:

I read your post "Middletown PBA Local 124 Facebook Post: "...township committee shows little to no thanks at all...", and Assistant Township Administrator Jim VanNest’s follow-up email to township employees that was mentioned in the comments didn't sit well with me. So I OPRA’d the  township’s social media policy,  to see what it says.

I think that the comments made by the township employee may be viewed as political activity. I’m told by a lawyer that public employees have the same rights as everyone else to engage in political activity, and that, if they were retaliated against for political activity, that would be illegal.

The memo from VanNest refereed to by commenter John Wite, implies consequences/retaliation. That by itself seems very wrong, if not unlawful, even if the township doesn’t retaliate because it creates an environment of fear and intimidation for employees.

Now, if the township has a social media policy that disallows specific employee activity, where that specific activity is allowed by law, then it seems the township’s social media policy would be invalid, at least in part.  It seems to attempt to restrict pretty much all work-related discussion or criticism of the administration, but on close reading may not. Thus, it’s not clear that the employee who posted on Facebook violated the township’s policy.

It appears truthful criticism of the administration is allowed.

Per an attorney consulted on this matter. Paraphrased:

"If the Township retaliates against an employee because that employee commented on matters of public concern, that is a violation of the First Amendment and could give rise to a civil rights case at the very least. The Township is inviting litigation when they start firing or demoting people, because the victims will say it was because of their protected speech activities."



You can read Middletown's Social Media policy ... HERE