Legal pitfalls of technology use: NSBA

Note that this is directed at school board members, but much of this applies to basically anyone in the public eye or publicly employed
Publishing as we go... 
"just tools"
What not to do:

• watch what's in your photos (what you're doing or who is in them) And yes, that means even your personal page...once it's out there, it's out there.
• comments about what you do or...questionable comments
• emails are subject to public records requests
• cc'ed on an email regarding ethics violation (must inform the rest of the Board and the administration)
• use of district technology and what's on it

What we're talking about:

• Both district and personal devices
• Just about anything you do with them: email, test messaging, social media (FB and Twitter), websites and blogs (even ones you visit), data/download
• Not just writing or posting; viewing and reading counts too
• District business conducted on ANY device (even your personal phone or your personal email) is subject to a public records request
• really about the CONTENT of the communication

much concern here from board members about not being able to "talk" electronically 

• also communication of elected officials is subject to the open meeting law (communication outside of a publicly posted meeting) 

Open meetings and Open Records
deliberation: exchange between a quorum of the board on public issue (Oral or written)
appeals court found that a single board member expressing something under their purview TO a quorum, though it well could be an extreme view
emailing the quorum about district business...though there's a note here that state laws vary (Texas is pretty wide in their definition of what constitutes a deliberation)
"walking" quorum: this is also called serial communication A calls B, B calls C, C calls D. If 4 is a quorum, you've just violated the open meeting law
shadow meeting: texting or emailing during a meeting with another member
If you wouldn't say it publicly, then you shouldn't be saying it.

public information: definition is very broad
sometimes it's better to just pick up the phone
the minute you send an email, you've just created a record, subject to open records
Couldn't someone ask for phone records and then track how many board members you've called that day?
If it's a district phone, yes, probably. If it's your personal phone, potentially, yes, as well.
If it's not about district business, and it's on your personal devise, then it is not subject to public records request.

financial liability for damage or loss: who is responsible?
"in exchange for limited personal use"

who has the authority to speak or act? Board can only "speak" as a board when properly called and constituted
"in no way expresses the opinions or views as a whole"
School districts accounts and devices are REQUIRED to be monitored by the district by federal law
by using the device, you are waiving your privacy
use of your personal email, etc for district use, you waive your privacy
granting access to others on Facebook and elsewhere online may also waive your privacy rights

student information is protected under state law
employee information is protected as well

First Amendment: 
duty of confidentiality
invasion of privacy
defamation
...are all limits on your first amendment rights

Blair v. Bethel School District
 "First Amendment does not shield public figures from the give-and-take of the political process"

Crucial to have a board policy in place on technology

To the extent it is possible to separate out your district accounts and your personal or professional accounts, do so.
privacy settings: KNOW THEM, USE THEM.

"once it's out there, it's out there"
"If you have doubts about something, the best practice is just to not do it"