By @Kristin Withrow, CSDA Communications Specialist
In an age where social media influencers seek to capture every moment for their online audience, public agencies find themselves increasingly under the lens of self-proclaimed citizen journalists conducting what is known as a “First Amendment Audit.” These audits involve individuals entering public spaces such as government offices, armed with video cameras to challenge and document employees’ understanding of public access rights. As this phenomenon gains momentum, agencies must be prepared to handle these situations with poise and professionalism.
Understanding the Challenge
Imagine ordinary workdays interrupted by auditors wandering through office spaces, checking if doors are locked, and filming staff, doorways, and security cameras. Emily Barnett, Communications & Government Relations Manager at Central Contra Costa Sanitary District, recalls her agency’s encounter with auditors: “A portion of our facilities are public, and we have people come in all the time. While I think auditors’ intentions of testing government’s openness and transparency are well-meaning, their approach seems to be to have agencies or employees overreact. They’re trying to get the strongest reaction they can in order to get more clicks.”
First Amendment auditors aim to provoke reactions that can be monetized on social media. Agencies become unwitting actors in confrontational footage that garners attention. The discomfort for agency employees is palpable, and it is imperative for leaders to prepare their teams for such scenarios.
The Importance of Preparation
Both Central Contra Costa Sanitary District and Contra Costa Water District have faced these audits and emphasize the need for proactive preparation. Barnett advises, “There are things done off-camera that seem meant to antagonize employees.” The key, she suggests, is to be customer- focused, empathetic, and, well, “boring” and treat auditors like any other members of the public. “If the auditor’s goal is to provoke over-reaction, anger, and closing off, do the opposite - be calm, empathetic, and overly transparent. Our employees even encourage auditors to attend a treatment plant tour to learn more about the work we do.”
Jennifer Allen, Director of Public Affairs for Contra Costa Water District, adds, “The more information that’s out there letting people know these people have the right to be in the public areas of our offices and to film, the better we are prepared.”
Each of these agencies has done assessments of their own to ensure signage is in place to properly delineate public and non-public access points. They’ve also ensured locking doors and coded access points reinforce which spaces are out-of-bounds. Staff and contractors are trained to ensure locked areas are kept secured and doors are not left propped open.
Key Strategies for Agencies
Ryder Todd Smith, President at Tripepi Smith, a provider of marketing, technology and public affairs consulting services, emphasizes that agencies need to adopt a trust-building attitude. “Even if we have not done anything as agencies to contribute to a lack of trust in government, we should take a trust-building attitude towards these things,” says Smith.
- Implement Staff Training: Agencies should provide comprehensive training to staff at all levels to ensure a consistent response.
- Establish Point Persons: Designate senior staff members as point persons to handle auditor encounters. This ensures that front desk staff can call for assistance and feel supported throughout the visit.
- Develop Clear Protocols: Conduct safety overhauls, update signage, and secure passages to non-public spaces. Implement electronic key access for doors leading to restricted areas. Clearly delineate public and non-public spaces to avoid any ambiguity.
- Provide Public Information: Educate the public and staff about auditors’ rights. Transparency builds understanding and reduces the likelihood of confrontations.
- Minimize Reactions on Video: Recognize the economic motivation behind these audits—sensationalized reactions garner more attention. Maintaining a calm and professional demeanor minimizes the impact of the audit.
In the face of First Amendment auditors, agencies must be proactive in their approach. By preparing staff, implementing clear protocols, and fostering transparency, agencies can navigate these uncomfortable situations with professionalism. As the social media landscape continues to evolve, agencies must stay vigilant, adapting their strategies to ensure a balanced and informed response to First Amendment audits.