Of interest … social media posting costs battalion chief his job

FACEBOOK POST COSTS BATTALION CHIEF HIS JOB

The Howard County Maryland Department of Fire and Rescue Services has a clear social media policy that bans employees from sharing content online that could be seen as discriminatory, harassing, or defamatory. The rule is in place to protect the department’s reputation and ensure it can carry out its mission effectively.

In January 2013, Kevin Buker, a battalion chief with the department, was watching a TV debate on gun control when he posted a controversial comment on Facebook: “My aide had an outstanding idea…let’s all kill someone with a liberal…then maybe we can get them outlawed too! Think of the satisfaction of beating a liberal to death with another liberal.” This post was later forwarded to another battalion chief, leading to an internal investigation.

Buker was asked to review his post and remove any content that violated the department’s social media guidelines. In response, he deleted the original post but then made a follow-up message: “To prevent butthurt and comply with a directive from my supervisor, a recent post has been deleted. So has the complaining party. If I offend you, feel free to delete me…” He also claimed he wanted to continue debating on Facebook and wasn’t ashamed of his views. He went on to say that both local and federal governments are dominated by liberals, and that free speech only applies to them. He said he fought for First Amendment rights, which he believed were being eroded.

Following this, Buker was fired. He then filed a lawsuit arguing that his First Amendment rights were violated. However, the Fourth Circuit Court of Appeals ruled against him, upholding his termination. The court found that the department had a valid interest in maintaining workplace efficiency and preventing internal conflict. It concluded that Buker’s Facebook activity created division within the department and undermined his role as a leader. There were concerns about his ability to lead, and subordinates might no longer respect him.

Grutzmacher v. Buker, 2017 WL 1049473 (4th Cir. 2017)