Public and supervisors debate draft social media policy as county attorney reviews FOIA and conflict rules

A draft Greene County social media policy prompted multiple public commenters and board members on Jan. 14 to raise concerns that the proposed language could chill public speech and unintentionally restrict employees’ or officials’ private speech.

Public commenters including Ken Copeland (Standardsville District) and Jennifer Lewis Fowler (Midway District) told the board they were worried the draft’s broad definition of social media and references to “members of the public” could sweep in private email or personal posts. Copeland said the wording was “overly broad and vague” and warned it could have a chilling effect on public comment; Fowler said staff-restriction language could limit employees’ First Amendment expression on personal accounts.

Earlier in the meeting, county staff provided an overview of the Freedom of Information Act and the Conflict of Interest Act. The presenter explained that FOIA applies to public records in the county’s possession (including email and texts that are county business) and described timeframes for responding to requests. The presenter noted exceptions to FOIA for certain records and reminded board members that oral requests can trigger FOIA obligations. On conflicts, staff emphasized that the Conflict of Interest Act is fact-specific and limited in the definition of “immediate family” and said the county will consult and provide formal conflict letters when requested.

After discussion the board asked staff to refine the draft. Several board members said they preferred a narrower staff-focused policy (for county-run departmental pages and employees who post on behalf of the county) rather than restrictions on board members’ or private citizens’ personal accounts. The county attorney and county administrator indicated they would rework the policy as an HR appendix or staff-focused policy and return a revised draft to the board for review.

Quotes - "The wording in Miss Kemp's proposed social media proposal policy is so overly broad and vague as to be prone to overreach and abuse and result in a chilling effect on public comment," said Ken Copeland during public comment. - "As a citizen, I may wish to post an opinion or concern on a social media platform regarding Greene County... this document in its current form is highly recommending that county employees do not address county topics on their personal social media accounts," said Jennifer Lewis Fowler.

The board directed staff to redraft the policy with a focus on county-managed accounts and HR policy guidance for employees; staff said it would bring a revised version back for further consideration.