Facebook comments cost another officer his job
From The Atlanta Journal-Constitution, December 9
SANDY SPRINGS, GA – An attorney for a Sandy Springs police officer who was fired for a Facebook posting says what happened to his client could happen to anyone. "Not only is it a censorship issue that everyone needs to know about," said Mike Puglise. "They are not only saying that you can't write it, but also that they can interpret what the content means." O.J. Concepcion, 33, of Morrow says he was fired from a job he held for nearly four years because of comments he posted on the social networking Web site Facebook. Some of those posts included details about his police work, he said, such as the fact he was working with the FBI on a drug case. One of the posts said, "I'm going to be working in plain clothes tonight," Puglise said. Another post mentioned that Concepcion was frustrated at work. But Concepcion said he was just excited about his job, and never released confidential information. He says other officers have posted racially insensitive information, but have not faced any disciplinary action. "Nothing was derogatory," said Concepcion, who spent seven years with the DeKalb County police force. "I posted that stuff for my friends and family to read, not for the public."
The Sandy Springs police department cannot comment about the incident because it is a personnel issue, according to Lt. Steve Rose and Wendell Willard, the city attorney. The AJC has submitted an Open Records Request to obtain Concepcion's employment file. Concepcion's Facebook profile is private, meaning only those who are "friends" with him have access to his information. Most of those friends are fellow officers and relatives, he said. But it was one of the friends, someone Concepcion said he knew prior to working in Sandy Springs, that apparently thought the Facebook postings were not appropriate. That person complained to supervisors, Concepcion said. On Nov. 16, he was placed on administrative leave with pay. On Dec. 2, he was terminated. He was never given a warning about Facebook comments, Concepcion said. Concepcion will ask for a grievance hearing, according to Puglise, and will likely file an EEOC complaint. Puglise, who spent 16 years as an officer before becoming a lawyer, says Concepcion may also be a victim of racial discrimination, since he is Latino. Additionally, Puglise said the Sandy Springs police department currently does not have a policy in place addressing social media. Puglise and Concepcion contend the postings were misinterpreted.
Many other metro Atlanta police departments also don't have policies about Facebook-type Web sites. But some are in the process of addressing the issue of social media. In Gwinnett County, members of the police department are prohibited from posting on a social media site anything that relates him or her to the department, according to Cpl. David Schiralli. The department implemented its policy before any major problems arose from employees using the sites. The Atlanta police department is currently working on a policy to address electronic communication, according to Sgt. Lisa Keyes. The Smyrna police department is also in the process of developing a social media policy, Officer Michael Smith said.
Although there isn't a specific policy regarding Facebook for Marietta police, the release of sensitive information is not allowed, according to Officer Jenny Murphy. Joe Hernandez, Cobb County police spokesman, said the same is true for his force. But with more and more people relying on sites such as Facebook to share information, employers may have to institute specific policies regarding what individuals are allowed to post online. "Where do they draw the line?" Concepcion asked. "Everyone is using it."