School Safety and Crisis Management David Albert, Director of Communications, Marketing and Research, New York State School Boards Association Keshia Clukey, Bloomberg Law Reporter Donald E. Budmen, Esq., Ferrara Fiorenza P.C. Jay Worona, Esq., Deputy Executive Director & General Counsel, New York State School Boards Association 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 1 Legal & PR: The Odd Couple? 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 1
The Odd Couple? • Legal – Say less, wait until all facts are in. • PR – Be first with the story, put out what you know. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA Legal • Attorney Rules of Professional Conduct limit extrajudicial statements that may be made about a criminal or civil matter • Rule 3.6 (Trial Publicity) 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 2
Where a lawyer is participating in or has participated in a civil or criminal matter… Extrajudicial statements are regulated. Beware of: Extrajudicial The statement will statement where have a substantial the lawyer knows or likelihood of STOP reasonably should materially prejudicing know it will be an adjudicative proceeding in the publicly matter disseminated 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA Where a lawyer is participating in or has participated in a civil or criminal matter… Extrajudicial statements are regulated. What is permitted – a statement where: A reasonable lawyer The publicity Statement only would believe it’s was not what’s required to protect initiated by the OK client from necessary to substantial mitigate recent lawyer or the prejudicial effect of adverse publicity client recent publicity 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 3
Legal • Defamation: injury to one’s reputation – through “publication” (by either spoken or written words OR by any form of communication) – where the words are false AND – there is no privilege or authorization to publish such word AND – harm occurs to: • One’s standing in his/her reputation, office, trade OR • One’s means of livelihood 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA Legal • A lawyer may state information contained in the public record – Examples: • A court decision • A court petition • Other documents that are not sealed by the court • A lawyer may state the client’s claims or defenses, without elaboration 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 4
Legal • A lawyer may make a statement that a reasonable lawyer would believe was required to protect a client from the substantial prejudicial effect of recent publicity not initiated by the lawyer or the lawyer’s client. The statement made shall be limited to such information as is necessary to mitigate the recent publicity. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA The media landscape, circa 2019 • Daily/weekly publications, in print and online. • Local TV news, larger news hole. • 24/7 cable news, national news, radio. • Bloggers, YouTube Channels, Facebook, Twitter, Instagram. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 5
Commonalities • All will break news as it happens – online, on social media, on TV and radio. • All will gather info from social media – FB postings, tweets, smartphone video/photos. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA Print vs. broadcast • Print – Beat, GA reporters, bloggers. – Education beat reporter may be more familiar with your district, offer more in-depth coverage. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 6
Print vs. broadcast • Broadcast – More GA reporters, may be less familiar with education, your district. • “Citizen journalists” 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA Why you need to work with the media • Proactive – Manage the message. Shape the story. – Don’t let others frame narrative. – Many sources: police, hospitals, regulatory agencies, groups with an agenda. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 7
Working with the media • Credibility – Be the reliable, trusted source of information. – Build public trust and confidence. – Preserve reputation. – Correct/prevent misinformation. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA Working with the media • Transparency – Don’t force media to use alternative methods to obtain what they need. – Avoid being seen as lacking candor. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 8
Know when to use • On/off the record. • On background. • Not for attribution. • Statements. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA What the media want • Facts – What happened? Who was involved? – Where did the shooting occur? When? – How many victims? Condition? Location? – How is the district responding? 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 9
What the media want • Regular updates. • Speak to witnesses and victims. • Photo and video opportunities. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA What you can expect • Media will cover all aspects of the incident. – Exponential coverage: multiple locations, multiple reporters, multiple angles. • Seek on-site interviews with staff, students, parents, authorities. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 10
Coverage: Day 1 • Focus on facts, details, response. – Who was involved? – Legal & PR should pre-plan how they will handle requests for student and employee names, information in district records, etc. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA Coverage: Day 2 • “Why?” – Issues raised by shooting. – School entrance policies and procedures, security equipment malfunction, human error, school personnel qualifications/training, laws. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 11
Coverage: Day 2 • Legal and PR must work together to handle questions re: disciplinary history, employee history, condition of victims, liability issues, inappropriate action by school district. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA Coverage: Beyond Day 2 • New developments, investigations into shooting details, medical conditions, outreach efforts, questions about responsibility and accountability, discrepancies, second-guessing, looming issues (laws, regulations, etc.). 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 12
Working with the media • To summarize… – Information will get out. – Take control of the story. – Report your own bad news. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA Common ground • Avoid damage. • Respect privacy. • Convey accurate information. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 13
Working together • Designate primary crisis spokesperson and media contact. • Establish communication channel between legal and PR. Consult often. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA Working together • Determine core messages. • Anticipate tough questions. • Don’t speculate. • Hold briefings with SMEs as needed. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 14
Working together • Tell media if you cannot answer a question due to legal reasons – and explain what the legal reasons are. 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA Not really The Odd Couple 23 rd Annual Pre-convention School Law Seminar • Co-hosted by NYSSBA and NYSASA 15
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