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City-owned iPad Should Be For City Business

Tuesday, Oct. 16, 2012

An experienced officeholder knows it is illegal to use a city-owned phone for personal or political calls, so I found it difficult to believe that Lubbock, Texas Councilman Victor Hernandez didn’t think using a city-owned iPad for political messages was wrong.

The councilman, an attorney who has spent 20 years in public service, regularly uses the device to post on Facebook, delivering messages and photos to his 1,200 “friends.” A complaint was filed with the council and city manager after Hernandez used the iPad to post political and partisan messages. The city pays $37 per month for his data service, and an additional $90 or so in monthly stipends for the cell phone.

According to the Lubbock Avalanche-Journal, Hernandez sees nothing unethical with his Facebook posts. In an email to the city attorney, Hernandez asked, “I use the iPad for my law practice, personal use, political use and city business. Is there a problem here from the city’s perspective?”

I don’t know what the city attorney will say, and the councilman says he’ll stop posting partisan messages “pending legal advice.” The city’s code of ethics does not specifically mention use of city property for political purposes – but it should. The Texas Ethics Commission, in an earlier advisory opinion, says use of this type by state employees  would be a  “misuse of government property.”

In a business environment this kind of "spillover" between work and personal use of technology may not be an issue. But in the public sector, there are important reasons to separate the two. One is fairness: using technology paid for by the voters gives an advantage to an incumbent who is not paying  for getting out a message.

The practice is also a problem because it could lead to elected officials using other types of  public property-- such as automobiles --for personal use.


Tags: Facebook, social media, Texas

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