Public Employees, Social Media, and Free Speech: What Cities Should Know

Social media makes it easy for public employees to share opinions—including about their employer. But what if those posts are negative, controversial, or go viral? Can a city take action? It depends.

The First Amendment protects free speech, but not all speech is treated equally—especially for government employees. Two court cases, Garcetti v. Ceballos and Pickering v. Board of Education, offer guidance.

Garcetti: Job-Related Speech Is Not Protected

If an employee speaks as part of their official job duties, their speech is not protected. Cities have more authority to manage this type of communication. If they speak as a private citizen on issues of public concern—like safety, waste, or corruption—their speech may be protected.

Pickering: Balance Rights with Workplace Impact

Even if speech is protected, cities can act if it causes real workplace problems. The court balances:

• The employee’s right to speak

• The city’s need for a smooth, trustworthy workplace

Courts consider:

• What was said: Public concern or just internal drama?

• Where/how: Public forum, private post, or city platform?

• What impact: Did it hurt trust, coworkers, or operations?

Examples

Protected: Off-duty post about how budget cuts affect city services

Not Protected: Public, profane insult targeting the mayor that disrupts city business

What Cities Should Do

Before responding to a post, ask:

• Was the employee speaking as a private citizen?

• Was it about a public issue?

• Did it cause real disruption?

Also, review your social media policy. It should be clear, specific, and respect employee rights.

Final Thoughts

Free speech matters—but so does workplace function. Use Garcetti and Pickering to guide decisions, follow your policies, and consult legal counsel when needed.

City of Altus Leads the Way in Emergency Preparedness with Realistic Train Derailment Simulation

The City of Altus, Oklahoma, recently demonstrated its strong commitment to public safety and emergency preparedness through a full-scale simulation exercise involving a coordinated response to a mock train derailment and chemical spill. The exercise brought together Altus city personnel, Jackson County officials, Jackson County Memorial Hospital, and Farmrail representatives in a powerful display of interagency collaboration.

This realistic training scenario featured a derailed train engine, and a chemical tanker car staged to simulate a hazardous materials spill. The drill included the evacuation of City Hall and direct communication with the local Jackson County Memorial Hospital. To make the training as authentic as possible, the simulation involved three casualties, two individuals who were injured and transported for medical treatment, and one who was declared fatally injured on scene.

Throughout the exercise, first responders and emergency personnel were tested on their ability to assess the scene, communicate effectively, manage public safety, and coordinate across jurisdictions. The simulation not only highlighted strengths in the city's emergency response framework but also revealed areas where procedures and communication protocols can be refined.

As a member of OMAG (Oklahoma Municipal Assurance Group), the City of Altus is taking proactive steps to mitigate risk by investing in training and preparedness. These types of simulations are essential for identifying gaps before a real emergency occurs, allowing teams to learn in a controlled and forgiving environment. The lessons learned from this exercise will be used to strengthen the city’s emergency response strategies, ensuring that when real incidents occur, the City of Altus is ready to respond swiftly, effectively, and with the confidence that comes from preparation.

Altus is setting a strong example for municipalities across Oklahoma—showing that through planning, training, and partnership, communities can be better equipped to protect their residents and infrastructure from unexpected emergencies.

Rethinking Hiring: The Case for Skills Over Resumes

Municipalities are facing increasing pressure to fill critical roles with qualified, capable individuals—but many qualified candidates are being filtered out by traditional hiring methods that focus on degrees and years of experience. Skills-based hiring offers an alternative approach: one that focuses on what a candidate can do, not just where they’ve been.

Instead of requiring a bachelor’s degree or five years in a similar position, a skills-based approach looks for demonstrated competencies. Can the candidate analyze data? Communicate effectively? Navigate regulatory requirements? These core skills can be assessed through practical exercises, work samples, or structured interviews—methods that can more accurately predict success on the job.

The payoff is significant. By removing unnecessary barriers, municipalities can tap into a much wider and more diverse talent pool, including veterans, career changers, rural applicants, and those who’ve gained their skills outside of formal education. This is especially valuable in smaller towns or for hard-to-fill roles where qualified applicants may be scarce. Skills-based hiring also helps municipalities build stronger, more resilient teams. When people are hired for what they can do—not just where they went to school—they’re more likely to thrive in their roles and grow within the organization. It’s a strategy that aligns with OMAG’s mission: helping Oklahoma cities and towns build well-run, sustainable local governments.

While it may require updating job descriptions or rethinking interview processes, the long-term benefits—more inclusive hiring, better job performance, and stronger retention—are well worth the investment.

CCTV Inspections After Sewer Overflows: A Smart Step Toward Long-Term Solutions

When a sewer overflow occurs, the effects can be sudden and serious—property damage, health hazards, and environmental harm. These incidents often take municipalities by surprise. But how we respond makes all the difference.

As a member-owned risk pool dedicated to protecting public interest, OMAG encourages Oklahoma municipalities to view these events not just as emergencies, but as opportunities to strengthen infrastructure and reduce future risk. One of the most effective tools in this effort is Closed-Circuit Television (CCTV) inspection.

Why Use CCTV Inspections After an Overflow?

1. Pinpoint the Problem

Blockages, structural failures, and capacity issues can all lead to overflows. CCTV provides a clear internal view, helping teams identify the exact cause and location—ensuring repairs address the root issue.

2. Prioritize with Confidence

CCTV footage gives engineers the data needed to plan repairs, protect public health, and wisely invest city resources.

3. Support Claims and Communication

Video evidence helps municipalities resolve claims more efficiently and explain actions to residents—building trust and transparency.

Strengthen Your Inspection Plan

• Add CCTV to your Sewer Overflow Emergency Response Plan

• Inspect within 24–72 hours of an event

• Train staff or partner with certified contractors following NASSCO PACP standards

• Use GIS tools to link footage with specific pipe segments for long-term planning

Best Practices for CCTV Data

• Use consistent file naming (date, location, type)

• Store securely with cloud backups

• Pair footage with reports using PACP codes to define priorities

What Your City Can Gain

• Spot emerging risks like root intrusion or wear

• Improve maintenance schedules based on system condition

• Build community trust through visible accountability

• Support funding proposals with clear, visual documentation

CCTV inspections are more than a reactive measure—they’re a smart investment in your city’s future. By combining technology, planning, and collaboration, municipalities can move from emergency response to proactive resilience.

Visit OMAG Sewer Resources for templates, tools, and expert support.

City Spotlight: Weatherford, Oklahoma

The Weatherford Community Center is a new, state-of-the-art facility developed in partnership with the local Great Plains Family YMCA. Conveniently located in the heart of Rader Park, this center is designed to address Weatherford’s growing childcare needs while providing programs and amenities for its senior citizens. The facility includes both indoor and outdoor aquatic areas, providing opportunities for year-round fitness and recreation.

This project demonstrates the City’s ongoing commitment to community health, civic engagement, and meeting the demands of its city’s economic growth. The realization of this center has been made possible through the renewal of the 1/2-penny sales tax in February 2024.

“The Weatherford Community Center represents more than just a building, it’s a vision brought to life through the power of partnership, progress, and people. This project is made possible through the strong support of our community and the success of our Sales Tax initiative. Together, we’ve invested in a future that serves every generation of Weatherford.

This facility is designed to meet critical needs in our growing city. It offers accessible, reliable childcare options for working families, supports healthy living and wellness for residents of all ages, and includes programming and space focused on the needs of our older population, helping them stay active and connected.

We’re also proud to address long-standing aquatic needs with a space that provides year-round access for recreation, therapy, and swimming education.

This is a true example of what we can accomplish when we come together with a shared purpose. Thank you to everyone who helped make this vision a reality. The Weatherford Community Center is not just for today—it’s an investment in the quality of life for generations to come.” - Mayor Mike Brown.

OMAG In Action (Volume 14)

Real Municipal Cyber Attacks - and What We Can Learn

OMAG

JUNE 2025

Why cities are becoming prime targets, and how your municipality can stay ahead.

Small Cities, Big Risks

When we think of cyber attacks, we often picture large corporations or government agencies. But increasingly, small to mid-sized municipalities are being hit—and hit hard. Why? Because many local governments have limited IT staff, outdated systems, and less cybersecurity training, making them ideal targets.

Real-World Example #1:
Ransomware Lockdown

A small Oklahoma city found itself completely locked out of its systems after a staff member unknowingly clicked a link in a phishing email. The attack encrypted financial files, police records, and email communications.

The result?

• Operations were down for 5 days
• A ransom demand exceeded $80,000
• Emergency services had to rely on paper records
• The city paid over $20,000 in recovery costs—out of pocket

Real-World Example #2: "Looked Like the City Manager"

Another municipality was tricked by a phishing email that looked like it came from their city manager. It requested a wire transfer for a fake invoice.

The result?

• $35,000 transferred to a fraudulent account
• Legal recovery was unsuccessful
• IT discovered several compromised inboxes from weak passwords

What You Can Learn (And Do Today)

No city is too small to be targeted. But every city can take simple steps to reduce their risk:

• Enable MFA (multi-factor authentication) on all platforms
• Train your staff to spot phishing attempts—twice a year
• Back up your data to secure, off-network locations
• Restrict admin access to only those who truly need it
• Have a response plan ready before you need it

How OMAG Helps

If you're an OMAG member, you're covered for up to $50,000 in Cyber Breach Response Coverage—but you must report within 60 days. If you're not sure where to start, contact OMAG today or visit www.omag.org/marketing-campaigns for additional information. A little preparation prevents major problems.

CLAIMS@OMAG.ORG | (405) 657-1400

OMAG's Police Liability Update (May 2025)

CLEET Corner (February 2025)

Happy New Year! We wanted to bring to your attention two cases out of the Court of Criminal Appeals from the end of 2024. These brief summaries are only meant to make you aware of the cases and are not offered as complete analyses of them and should not be considered legal advice.

The first is Tulsa v. O’Brien, 2024 OK CR 31. This is another installment in Indian Country jurisprudence post-McGirt. Here, Tulsa asked the Court to approve their exercise of jurisdiction in issuing traffic citations to certain Indians within Indian Country. The case involved a ticket issued by Tulsa PD to an Osage Indian within the part of Tulsa that sits within the Muscogee (Creek) reservation. In a methodical opinion, the Court found the state—and thus municipalities—has concurrent jurisdiction in Indian Country except when (1) that jurisdiction is specifically preempted by federal law or (2) when exercising jurisdiction would unlawfully infringe upon tribal self-government. Finding the General Crimes Act did not preempt state jurisdiction in Indian Country, the Court focused on the self-government aspect. In this case, because the ticketed driver was a “non-member” Indian, meaning he was not an enrolled member of the tribe with jurisdiction, the Court found the exercise of state jurisdiction did not interfere with tribal self-government and upheld Tulsa’s practice.

The other is State v. Velasquez, 2024 OK CR 29, in which the Court of Criminal Appeals overruled previous holdings regarding knock-and-announce violations. As you’re likely aware, Oklahoma law generally requires law enforcement to give notice of their authority and purpose and be refused admittance before they can force entry to execute a warrant. 22 O.S. § 1228. In the past, the Oklahoma court has employed the exclusionary rule in cases in which the knock-and-announce rule was violated. In Velasquez, finding the purpose of the knock-and-announce rule is to protect life, limb, and property, and not to act as a shield for offenders to avoid the government seeing or taking property described in a lawful warrant, the Court overruled the prior cases and adopted the federal approach as described in Hudson v. Michigan, 547 U.S. 586 (2006).

As always, please make sure to review these cases with appropriate legal counsel prior to implementing any changes of procedure or policy based upon them.

The Crucial Role of Effective Communication Between Police Chiefs and City Management

Effective communication between a police chief and city management is the cornerstone of sound governance, particularly when it comes to developing policies and mitigating risks. These two roles, though distinct in their responsibilities, share a common goal: fostering a safe, well-managed community. Open, consistent, and strategic communication can make the difference between thriving municipal operations and potentially damaging crises. Below are key benefits that highlight the importance of this collaboration.

Enhanced Policy Development

A police chief’s purview often includes law enforcement and community safety, while city management focuses on budgeting, resource allocation, and overall strategic planning. By maintaining a robust communication channel, these leaders can ensure that policies align with both public safety priorities and administrative objectives. For example:

• Resource Allocation: Open dialogue allows the police chief to communicate specific needs, such as personnel or equipment, enabling city management to make informed budget decisions.

• Policy Alignment: Collaborative discussions help avoid policies that inadvertently conflict with policing strategies or community expectations.

• Community Engagement: Jointly developed policies are more likely to reflect a balanced approach that addresses the concerns of both city leadership and residents.

Proactive Risk Mitigation

Public safety and risk management are interdependent. Well-informed city management can better anticipate challenges and allocate resources effectively when they are kept abreast of issues by the police chief. Some ways this dynamic aids risk mitigation include:

• Crisis Preparedness: Regular communication ensures both leaders are aligned on protocols for handling emergencies, from natural disasters to civil unrest.

• Data Sharing: Sharing crime statistics, trends, and community feedback enables city management to understand the broader context and act preemptively.

• Legal and Ethical Compliance: Transparent communication helps ensure that policies adhere to legal standards and ethical considerations, reducing the risk of litigation or public backlash.

Stronger Community Trust

Both the police chief and city management play vital roles in shaping public perception of local government. When these leaders communicate effectively, they set the tone for transparency and accountability, which resonates positively with the community. Benefits include:

• Unified Messaging: Consistent communication ensures that public statements and initiatives from city leadership and law enforcement are cohesive and clear.

• Conflict Resolution: Joint efforts in addressing community grievances demonstrate a commitment to collaboration and responsiveness.

• Increased Morale: A well-coordinated approach signals to both city employees and residents that their leaders are working together to achieve common goals.

Efficient Problem-Solving

Cities face a myriad of challenges, from budget constraints to unexpected crises. A strong communication pipeline between the police chief and city management allows for faster identification and resolution of issues. For example:

• Resource Prioritization: Immediate feedback helps allocate resources to where they are needed most.

• Adaptability: Open communication fosters a culture of flexibility, enabling quick adjustments to policies or strategies as circumstances change.

Strategies for Effective Communication

To fully realize these benefits, police chiefs and city management should adopt specific strategies:

• Regular Meetings: Schedule consistent check-ins to discuss ongoing issues and updates.

• Clear Channels: Establish dedicated communication protocols to ensure information flows smoothly.

• Collaborative Training: Engage in joint training sessions on crisis management, diversity, and community relations.

• Mutual Respect: Cultivate a professional relationship built on trust and respect for each other’s expertise.

Conclusion

Good communication between a police chief and city management is more than a best practice; it is a necessity for effective governance and risk management. By working closely together, these leaders can craft policies that are both pragmatic and visionary, while safeguarding their community against potential risks. The result is a more resilient and harmonious city, where leadership acts as a unified force for progress and safety.