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Info You Can Use: The “No Social Media Policy” Social Media Policy

August 17, 2011

by:

Joe Patti

Hat tip to Rosetta Thurman. To paraphrase Thoreau (or The United States Magazine and Democratic Review), apparently the social media policy which is best governs least.

According to a piece on the HR Examiner by Heather Bussing, applying a light hand when creating a social media policy will actually minimize your exposure to legal liability for something your employee writes.

“If you have a comprehensive social media policy that dictates what can and cannot be discussed, you will have to pay someone to monitor what is being said, demand that inappropriate posts come down and discipline when the edicts are violated. How much time, money and energy is this really worth?

Under agency law, if you are directing the conduct of employees in social media, the company will be liable for everything that is said. To the extent something said is defamatory, violates a nondisclosure agreement or just pisses someone off, a comprehensive social media policy is the best way to get the company named in the lawsuit.

If you are not controlling it, then the company generally will not be liable for things said and done in employees’ personal accounts. This is because the employees are not acting in the course of their employment and the employer is not controlling or implicitly approving the actions of its employees. And if there is no deep pocket to sue, the chance of a lawsuit getting filed at all is greatly diminished.”

Having employees make a disclaimer that what they say doesn’t reflect the opinion of the employer can cause someone to investigate whether the employer is closely monitoring what is being said and taking disciplinary action. If this is so then the case can be made that the employer was guiding the content or was aware of the content and made a decision whether to act upon it. The speed and degree to which the employer acted can be used as a basis of arguing approval of the content.

You can also run afoul free speech and right to organize if your policy is too restrictive as well as violate whistle-blower and non-retaliatory protections.

“The National Labor Relations Act protects employees from retaliation by an employer for discussing wages, hours or working conditions. These NLRA protections apply whether or not your company has a union, because they relate to “organizing” or pre-union actions.

The bottom line is that a social media policy cannot prohibit an employee from saying bad things about what it is like to work at your company. Protected expressions include being critical of the bosses, the customers or the stupid signs in the kitchen.”

If you are closely monitoring someone’s personal social media accounts you might be violating rights to privacy and open yourself to hacking charges if you gain access to and use passwords. Monitoring personal social media could lead to a wrongful termination action if it was discovered that you were aware of personal details that might place a burden on the company and moved to fire or harass them into leaving.

And of course, having a strict social media policy can be bad for your public image if it appears you are dictating what is being said rather than allowing for spontaneous interactions.

The article doesn’t really address how constrained you are in acting upon things employees may post on social media sites. People may have protected free speech but there is a difference between getting drunk and telling everyone in the bar that your boss has an unmentionable relationship with farm animals and getting drunk, pulling out your phone and posting the same thing to 5000 followers. That still may be protected, but at some point the scale of people receiving the message is going to be great enough that a business is justified in whatever action they may take.

Bussing does discuss in what situations it is acceptable to monitor social media accounts and to what degree it should be done. As in most things, the best social media policy is preparation and education. Employees should be taught what sort of activity is professional, how sharing certain tidbits of information can violate confidentiality and what opinions may be considered defamatory.

Arts in an Age of Technology, Management Philosophy

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Art=Lemons

August 16, 2011

by:

Joe Patti

I just finished Neal Stephenson’s The Confusion wherein a group sails from the Philippines to California around the start of the 18th century. Not quite knowing how to get there, the crew is stricken by scurvy on the long voyage. I got to thinking about how these days you never really worry about how you are going to obtain vitamin C, but the lack of it could eventually result in your death.

It struck me that this was actually a good metaphor for the place artistic and cultural expression plays in society. We often talk about the power of the arts in a prescriptive sense. While it won’t really cure all ills, it does play an important part in our health as humans. Yet because we don’t experience a distinct sense of the benefits at every encounter, it is easy to discount its value in our lives.

I had some orange juice this weekend and while the cool tangy flavor was a nice counterpoint to the savory flavor of the sausage I was eating, I didn’t necessarily recognize any redemptive qualities. If not for the orange juice and health care lobbies which tout the healthy benefits of drinking orange juice, the idea that it might be bolstering my health wouldn’t enter my mind. Right now I am investing no thought about seeking more sources of vitamin C.

The same is likely true for most of people. Their opportunities for artistic and cultural expression and experiences are probably frequent enough that they don’t take much note of it. As the NEA has recently noted, these experiences are varied and often informal. Even if they enjoyed their last experience, they may not be actively seeking their next one. Because the arts lobby has weaker market penetration than the citrus growers, people may be unaware of the benefits the arts bring to their lives.

While a month without vitamin C begins to result in severe deterioration in health, the symptoms related to insufficient artistic and cultural experiences aren’t as clear as malaise and lethargy, formation of spots on the skin, spongy gums and loss of teeth. (Well I mean, those are my symptoms of arts withdrawal, but I am assuming not everyone has that experience.)

A year ago, Newsweek printed an article about how creativity was in decline. While the researchers who conducted the study discussed in the piece say the arts have no special claim to instilling creativity, they note there will be repercussions if the decline continues.

University of Chicago Professor Martha Nussbaum recently warned that neglecting the arts and humanities in favor of technical skills may threaten democracy. Whether you subscribe to that view or not, we often hear about how businesses value creativity as well as technical skill in their employees and are concerned with any potential declines.

The arts are important on an even more basic level than that. In the aftermath of the 2010 Haitian earthquake when people were surrounded by devastation, they came together and sang songs. The songs didn’t clear the rubble and rebuild what had fallen. The songs didn’t set bones and stop bleeding. But it did dull the physical, mental and emotional pain people felt until aid could arrive. The arts are not a cure all, but their expression brings people together and binds them in a common story that helps them relate and provide comfort as a group in a way they can’t as individuals.

Society may discount the value of the arts in their lives, but they weren’t asking the accountants to rally the public to raise funds to provide relief to Haiti or even Japan in the wake of their recent earthquake. It was the artists they looked to. Artists of various disciplines helped provide a focus for soliciting and delivering aid to people in need.

The accountants were no less important to the task of directing aid to disaster areas. Most of the artists who helped raise the money probably personally lack the skills to effectively process the proceeds. Neither the accountant or the artists are likely to be as adept as the Red Cross at delivering the services that are needed. Different groups contribute to the eventual success of the whole endeavor.

It is pretty much unthinkable that artists would refuse to perform. (In fact, recent article on the BBC reveals some musicians feel emotionally blackmailed into participating.) No one is ever faced with the full consequences of no artists supporting a cause. While I could speculate, I don’t think anyone can really fully predict the results of devaluing and diminishing the presence of artistic and cultural expressions.

In fact, for as much as we talk about them, I am not sure those of us in the arts completely understand the benefits people derive.

General Musings, State of the Arts

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Stuff To Ponder: Ticket Office Openness Vs. Security

August 15, 2011

by:

Joe Patti

Currently I am involved in talking with architects to plan a renovation for our theatre. Part of this will involve razing and moving our ticket office. In the course of other theatre design projects with which I have been involved, as well as those related to me by colleagues, there seems to be a desire to have a more open and friendly ticket acquisition experience for audiences.

Since people are purchasing online and using credit cards to purchase tickets, the thought is that the reinforced bank teller window (an image recently invoked by Rocco Landesman) can give way to a more open concierge desk set up with an aperture to a secure backroom available for deposit of cash receipts.

Thinking this might be an option we should consider, I emailed the theatrical architect with whom the lead architect is working. The fact our ticket office is located outside rather than in our lobby adds a little twist to the concept. My concern was mostly with how to secure the desk area and keep it clean when we aren’t using it without resorting to bulky contraptions or unattractive steel roll up doors. Though sheltered from the rain, we would have to figure a way to avoid having money fly away in a breeze. I thought with some good design and procedures, we could overcome these hurdles and provide a more welcoming atmosphere for our patrons.

The problem is that while the move toward cash-less transactions enables us to move toward a more open and friendly experience, thieves are making corresponding changes in the tactics they use to exploit the new transaction formats. We may end up right back behind the reinforced teller windows again before too long.

With his permission, I am sharing part of the response I received from architect Paul Luntsford of PLA Designs.

“Due to the increasing problem with skimmers and RFID scanners, debit and credit card transactions are moving to the secure and controlled window. By the way, this skimmer/RFID scanner thing is really getting bad. We went to see Les Mis tour show last Friday at our huge, union run, city-owned 3000 seat theater. I used the ATM in the lobby to get some dough to buy junk during intermission. That night, or technically the next morning at 3AM, my debit card was used online at the Apple store to attempt a $1 test purchase by some unsavory character who had managed to compromise my RFID data from my card when I used the ATM in the lobby! So, you need to consider that all electronic transactions happen behind a window, and that window has an embedded wire mesh that is bonded to ground and acts like a Faraday shield to prevent capture of RFID data when the card is processed by one of YOUR people.”

While the credit card company may be at fault for not properly encrypting information, that fact will be of little comfort if people start to associate your brightly lit lobby with a dimly lit alleyway in a bad neighborhood where they may be preyed upon. As security of the cards improves, (and hopefully theft techniques lag), we can hopefully look to maintaining a more open transaction environment. If not, along with good cash handling procedures, you may end up having to train employees on safe credit card handling procedures like not passing the card back out side the Faraday cage without replacing it in a protective sleeve.

Audience Relations, Business Models, Info You Can Use, Marketing/PR

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Examining Your Non Profit Career

August 10, 2011

by:

Joe Patti

Rosetta Thurman posted her 15 Powerful Questions to Ask Yourself About Your Nonprofit Career Many of her questions dealt with personal ambitions and what image you had of ideal situations.

The questions that engaged me the most though were numbers 11-14 which challenge you to look at the factors which are causing you to operate less than effectively.

“11. In which areas am I holding back in sharing my true gifts with my organization and community?
12. Am I making a real difference in my current role or position?
13. What’s really keeping me from deepening my level of commitment to my organization or cause?
14. What is the biggest opportunity I have in my nonprofit career right now that I’m not taking advantage of?”

Number 12 reflects a common sentiment that probably enters the minds of all people who work in non-profits. Probably especially those who work in the arts who may tend to wonder if their devotion to their art may be better applied focused on the ills which plague the world. Often when you are seeking funding, you are competing for money with the ills of the world so it is difficult to not wonder about such things.

But the other questions– holding back your gifts, not being fully committed, not availing oneself of opportunities– these are some real interesting questions. One of the first things I thought of whether these questions are different when pursuing a career in the non-profit sector versus the for profit sector.

If you have low self confidence then there may not be any difference. In either case you may not feel you are qualified enough or appreciated enough to have your abilities valued. You may think that others are more deserving of training or opportunities to work on career enhancing projects than you. Perhaps you don’t feel you get paid enough and so the business doesn’t deserve your full commitment of energy and talent.

But if you are more assured and confident and have a sincere commitment to your job and the work of your company, there are areas where there can be a real difference between non-profit and for profits. You may not invest yourself and your talents more because you are afraid you may be asked to do more without any additional compensation or even increase in scope of your authority.

This can easily be true in both the for profit and non-profit spheres, but I am specifically thinking about the reports of how many non-profit leaders were reticent about ever taking on the position of executive director perceiving it as a thankless job with little support and poor prospects for a work-life balance.

In terms of taking advantage of opportunities, even the most self-confident person may be reluctant to take advantage of professional development opportunities for fear that they are diverting resources away from the core purpose of the organization. The result is that some extraordinarily talented people may lack the training and guidance to become truly effective and never develop a network of contacts who can act as a support network and knowledge base. Even if concerns over the cost of attending conferences and seminars is never stated, an organizational culture of always economizing may make people feel guilty that time and money is being invested in them.

Meanwhile, an employee at a for profit is probably more likely to view the professional development opportunity as an investment by the company in their career and perhaps even something they deserve in return for their dedication to the business.

I would really be interested in seeing a survey done to learn if there is a large difference in the way non-profit and for profit employees approach employer sponsored professional development opportunities.

I am sure there are other reasons and motivations that factor into all these questions–and Rosetta Thurman is too. She is asking people to share their answers to at least one of these 15 questions on her blog. If you have something to say, by all means stop by.

Leadership, State of the Arts

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