Zach Klein

CITY ATTORNEY CITY ATTORNEY’S OFFICE ▪ COLUMBUS OHIO

**ATTORNEY-CLIENT PRIVILEGE COMMICATION**

April 22, 2021

Director Ned Pettus

Department of Public Safety
City of Columbus
77 N. Front Street
Columbus, OH 43215

Dear Director Pettus,

The Columbus City Attorney's Office has reviewed and approved the attached Department of
Public Safety ("Safety") External Communications and Civic Engagement Policy ("Policy").
While the City Attorney's Office believes the prior social media/public statement policies of the
various Divisions within Safety were legally valid, we maintain that a more comprehensive
Department-wide approach is both needed and will provide better guidance to employees of
Safety as they navigate the world of social media and public statements. Given the explosion of
social media platforms over the past several years, and the increasing use of these platforms by
all members of society, including governmental employees, it is imperative Safety employees
fully understand their rights and responsibilities as to the use of these platforms.

We recommend that the Department of Public Safety implement this new policy as soon as
possible. Over the past year, there have been various incidents of questionable social media use
and/or public statements by Safety employees that have led to complaints and investigations and
only underscore the need for a more comprehensive policy. In light of this new policy and
apparent lingering confusion as to what was or was not appropriate in the past as to social media
use/public statements, we recommend all pending complaints/investigations solely related to any
existing Safety social media/public statement policies be dismissed and/or withdrawn. This new
policy should serve as a type of reset for Safety employees, so they may move forward with a
better understanding of the legal parameters related to making public statements, whether in
person or online.

In addition to implementing the Policy, we recommend the Department of Public Safety issue a
supplemental letter of guidance to all Safety employees in the following days, which will provide
several relevant and timely case law examples related to public employee speech. These
examples will help Safety employees better understand where our courts currently stand on
public employee speech and what is and is not protected.

Sincerely,

Zach Klein
Civil Division Claims Division Prosecutor Division Real Estate Division Police Legal Advisor
77 N. Front Street 77 N. Front Street 375 S. High Street 77 N. Front Street 120 Marconi Blvd.
Columbus, Ohio 43215 Columbus, Ohio 43215 Columbus, Ohio 43215 Columbus, Ohio 43215 Columbus, Ohio 43215
614-645-7385 614-645-7385 614-645-7483 614-645-7712 614-645-4530
Fax 614-645-6949 Fax 614-724-6503 Fax 614-645-8902 Fax 614-645-3913 Fax 614-645-4551

www.ColumbusCityAttorney.org