The Billings Fire Department has a Media Protocol Policy. The Local 521 IAFF Union provided input that they thought the policy was overbroad and contained unconstitutional restraints on free speech. An outside consultant attorney provided an analysis and worked with the City Attorney’s Office and Administration to draft a new media protocol policy that is up-to-date and complies with the law. City Administrator Volek determined that the policy should be implemented for all City employees.

One alternative is to not implement a policy on media communications. However, as has already been experienced with regard to the Fire Department’s Media Protocol Policy, employees and managers would benefit from up-to-date guidance. The new Communications With or Through the Media Policy, which is attached, would apply to all City employees and would replace the Fire Department’s current policy. The proposed policy was developed with the involvement and review of the outside consultant attorney, all department heads, the Legal Department, and the City Administrator. The attached draft was also sent to the Local 521 IAFF attorney for feedback, but none was provided.

There is no financial cost. Updating the policy, however, does help to reduce potential liability exposure.

Staff recommends that Council approve the attached Communications With or Through the Media Policy.