Brian Heaton

Should Governments Bother Archiving Social Media?

Just like physical documents and emails, government social media conversations and interactions are considered public data.

But while many agencies have invested in automated tools to help them mine platforms such as Facebook and Twitter to fulfill Freedom of Information Act (FOIA) requests, there haven’t been a high volume of them. Seattle and Austin, Texas, both use services to archive digital activity and communications. Yet, representatives from both cities said that they rarely receive any public information requests for social media postings.

Retaining The IT Workforce

Attracting talented technology professionals to public service continues to be a challenge for government employers. But state and local governments are using some interesting retainment strategies that may eventually turn the tide in government’s IT workforce battle with the private sector.

Harris County, Texas, and the state of Utah have developed new job classifications and evaluation procedures that enable skilled IT technicians to advance their careers and make more money without moving into management roles. The hope is that as IT employees gain experience, they’ll feel enticed to rise up the ranks internally, instead of looking to the private sector for a new -- and more lucrative -- challenge.

NYC Improves Online Access to City Laws, Procurement Notices

New York City Mayor Bill de Blasio (D-NYC) has signed two bills that improve government transparency.

The first, Introductory 363-A, requires online posting of the City Record -- NYC’s daily list of procurement notices, bid solicitations and awards -- within 24 hours of the print edition publishing.

The second, Introductory 149-A, mandates that New York City laws and its Charter be published on the Web.

Any changes to the rules must be updated online within 30 days. Mayor De Blasio called the Aug 7 bill signings an advancement of his administration’s goal of being the “most technology-friendly and innovation-driven city in the world."

Long Island Town Puts Brakes on Social Media

Town officials of Oyster Bay (NY) likely aren’t scoring points with transparency advocates after clamping down on how the town’s information is released through social networks.

But legal experts believe the more cautious approach is a good one for many local governments.

The Long Island town revised its information technology policy to prohibit employees from communicating official documents through social media applications without prior authorization, according to Newsday.

Although the move may slow interaction between residents and the town, Chuck Thompson, general counsel and executive director of the International Municipal Lawyers Association, felt the decision might help address one of the biggest issues local governments are currently struggling with -- disclosure requirements. For example, if a local government has a bond issue outstanding and sends information out in a way that might get to one investor before another, Thompson believes the US Securities and Exchange Commission may view that as a violation.

That's just one concern in a litany of other privacy laws and limitations a municipality may be subject to on both the state and federal levels. “There is good reason for a local government to control release of its information,” Thompson said. “Not so much to restrict the dissemination of the information, but to insure that it is disseminated properly.”

NYC Council Members Want Better Access to City Laws

Residents of the Big Apple will have an easier time finding New York City’s laws online, under new legislation proposed by a handful of city council members.

Int. 149 requires New York City to post a complete copy of its city charter, administrative code and official rules on NYC.gov, Gotham’s official website. The data must be presented in a searchable format and updated regularly.

Sponsored by Council Member Brad Lander, who represents the 39th Council District in Brooklyn, the bill is a response to concerns that finding municipal laws are some of the most difficult civic information to find online.

For years state governments have partnered with publishers to update and sift through their jumble of constantly changing legal codes, charging fees for any annotations, section titles, chapter summaries -- and almost every alteration to make the texts coherent and digestible. But activists and civic hackers have argued that citizens are entitled to all law -- however it’s packaged.

Nebraska Senator Aims to Break Down Siloes, Open Up Data

A Q&A with Nebraska State Senator Dan Watermeier (R-Syracuse). State Sen. Dan Watermeier doesn’t have the kind of professional foundation most people would consider “technology-savvy.”

He’s a farmer by trade. But don’t let his background in agriculture fool you -- State Sen Watermeier is very much up on the latest tech trends and how they are going to impact the Cornhusker State’s future.

State Sen Watermeier explained his focus is on developing policy that enables Nebraska state departments to become more efficient through data-sharing and other high-tech amenities. And while he’s aware of some of the bigger national tech issues such as drone use and data privacy, he’s a firm believer in modernizing his state’s operations through technology before tackling other subjects.

Among other projects in innovation and data sharing between government agencies, the senator mentioned an upcoming next-generation 911 study that’s being done by the Nebraska Public Service Commission. He sees his biggest tech policy challenge in data security.

States Continue Banning Employer Access to Social Media

Social media has been a remarkable tool over the last several years, enabling friends and family members to connect and stay in touch.

But for all the benefits sites like Facebook can provide, they’ve also become privacy landmines for those people who want separate professional and personal lives.

Employers have been pushing employees for access to their social media accounts for years, raising a number of legal concerns. While an employee or prospective hire could decline such a request, a denial may potentially cost someone their job. And if permission is given, who’s to say that a photo shared between “friends” doesn’t influence a boss’ opinion of someone?

As a result, many states are now banning private- and public-sector employers from making compliance with social media password requests necessary. Louisiana may become the latest state to outlaw the practice.

The Louisiana House of Representatives unanimously voted in favor of the Personal Online Account Privacy Protection Act. Also known as HB 340, the measure prohibits employers from demanding online account access as a condition of employment, both before and after a person is hired. In addition, the bill forbids K-12 and post-secondary schools from disciplining those students that don’t provide access to their accounts.

5 Telehealth Bills to Watch

The practice of telehealth has increased in recent years as physicians and patients have become more comfortable meeting through video conferencing and other digital means. But as electronic health practices have grown, so have the legal and financial complexities that come with them. A number of bills have been introduced recently to address those issues and encourage adoption of telemedicine methods as a way to meet the rising demand for routine medical services.

  1. On the federal level, H.R. 3077, the TELE-MED Act of 2013 would enable certain Medicare providers licensed in a state to provide telemedicine services to Medicare beneficiaries in a different state. If the bill passes, it would help expand telemedicine opportunities for some people who live near state borders. Sponsored by Rep Devin Nunes, (R-CA), the bill currently sits in the US House of Representatives Subcommittee on Health.
  2. H.R. 3306, the Telehealth Enhancement Act of 2013, authorizes changes to federal law that make it easier for hospitals and patients to pay for and use telehealth services.
  3. Rep Mike Thompson (D-CA), has circulated a draft of a bill that would require Medicaid programs to reimburse for telehealth services that are included under state plans. The bill has not been formally introduced yet.
  4. House Bill 1158 in New Hampshire. The American Telemedicine Association described the legislation as something that will require managed care plans to offer financial incentives to beneficiaries who use less expensive services, such as telemedicine.
  5. California Assemblyman V. Manuel Pérez is sponsoring AB 1771, a bill that would require health insurance companies to reimburse physicians for phone and electronic patient visits. If the measure becomes law, it could potentially benefit doctors in rural areas where the number of patients greatly outnumbers available physicians.

Tablet Policy Puts California City on the Cutting Edge

An experiment using tablet devices to display city council agendas has sparked a paperless office movement and progressive technology policy-making in Rancho Cordova (CA).

Under a new policy launched in July, if an employee can show three business reasons why a tablet would help improve work efficiency, the city will purchase either an iPad or Android tablet for him or her.

The device is then authorized for both business and personal use, but the employee must agree to bring it to work every day. The policy has been a success for the city so far.

Jay Hadley, IT manager for Rancho Cordova, told Government Technology that 61 of the city's 70 full-time employees are now using city-owned tablets. In time, Hadley believes the devices will eventually enable staff to become a completely mobile work force.

Meet the Tech-Savviest Legislators in the US

Technology has become a major factor in many of the proposals introduced by lawmakers during state legislative sessions. But it can be difficult to zero-in on the elected leaders who have their fingers on the pulse of and are truly engaged in the latest tech issues -- until now.

Government Technology has produced a list of 13 state senators and representatives who have shown a keen interest in and willingness to tackle technology policy and legislation. The legislators included on the interactive map were based on recommendations from the National Association of State Chief Information Officers (NASCIO), the National Association of Counties (NACo) the National Conference of State Legislatures (NCSL), the Council of State Governments (CSG) and other experts. Those recommendations were researched and vetted by Government Technology Senior Writer Brian Heaton and Managing Editor Noelle Knell.

These include: Washington Rep Reuven Carlyle (D-Seattle); Nebraska Sen Dan Watermeier, (Lincoln); Illinois Sen Ira Silverstein (D-Chicago); Illinois Sen Don Harmon (D-Oak Park); California Sen Alex Padilla (D-Pacoima); Minnesota Sen Matt Schmit (DFL-Red Wing); Washington Rep Jeff Morris (D-Mount Vernon); North Dakota Rep Blair Thoreson (R-Fargo); and Minnesota Rep Joe Atkins (DFL-District 52B).

Is California Reversing Course on Government Transparency?

A California appeals court recently ruled that emails and other forms of electronic communication about public business are not subject to the state’s Public Records Act if they’re conducted on a private computer or device.

But the decision’s impact on government transparency policies may cause aftershocks well beyond the Golden State’s borders. The 6th District Court of Appeal in San Jose’s March 27 opinion gives elected officials and government employees a free pass to conduct public business in secret on their own devices. And with other states grappling with data retention and transparency issues, the decision could serve as a model to pull back on open government efforts over the last several years.

The 6th District Court of Appeal’s ruling overturned a lower court decision that would have enabled a citizen to obtain messages sent on private devices through private accounts of the San Jose mayor and city council members. The California Supreme Court may take up the case, but if it doesn’t, the 6th District’s decision would stand, creating a precedent for similar situations in the future.