When DMV employees encounter First Amendment auditors for the first time, it can be an unsettling experience since they may not understand who these auditors are or why they’re there. Even more confusing is what to do when a camera is thrust in employees’ faces when they’re trying to work or deal with customers.

DMVs may be easy targets for auditors because they’re located in public buildings and draw hundreds of people every day. Auditors are often easy to spot because they don’t take a number or stand in line like most customers but instead wander around with a smartphone or camera. They claim they are there to ensure that employees are complying with the Constitution and aren’t violating their First Amendment rights. But in reality, they’re looking for a confrontation with someone while recording so the video can be posted to their YouTube channel and other social media platforms. The more confrontational the encounter, the more viral the video potentially becomes.

While First Amendment audits don’t happen often, they’ve occurred frequently enough in recent years that many DMV officials have grown concerned about the impact on business operations and customers. That has prompted them to reassess their policies about recording and develop strategies to handle these encounters so they don’t escalate.

Empowering Staff to React Appropriately

Proper staff training may be the single most important strategy for dealing with auditors. Many DMVs have updated their training programs to address audits.

In staff training, Kasey Lee, compliance officer with the Iowa Department of Transportation, shares videos of auditor visits at other DMVs to show how the encounters were handled and what her staff could learn from them.

“A good discussion point is the auditor’s response when they’re asked to stop recording. They usually don’t comply and, in fact, push back,” Lee says. “By using good customer service skills, we can defuse a situation before it escalates.”

North Carolina has an estimated 20 auditor visits throughout the state every year.

Lee advises staff not to touch the auditor or their equipment. “Auditors will quickly call law enforcement if they feel their rights are violated,” she says. “Such interactions will only serve the auditor’s purpose of generating viral content.”

In its training at the California DMV, staff receive step-by-step instructions printed on 5×7 cards that can be posted near their computers for fast, easy reference. They also take a hands-off approach to auditor visits—only intervening if the person becomes disruptive to others, says Christina Michel, chief of DMV Investigations with the California DMV. She believes this approach has resulted in a decline of audits over the past year.

Protecting Customers

Each California DMV has asked their managers to designate an area for filming in the event an auditor arrives so customer data isn’t exposed or compromised. “Auditors are directed to stay in those designated areas while filming so they aren’t disruptive to staff or customers or have access to viewing personal identifying information,” Michel says.

Staff are also mandated to protect customers. If auditors start engaging with customers and appear to be disruptive, staff are directed to intervene as quickly as possible and to contact law enforcement if necessary.

“Auditors generally don’t want to cause harm. Their goal is to get a reaction from employees, or even a customer. This is what gets them views on their social media platforms,” Michel says.
Many customers are wary of anyone with a recording device, says Mimzie Dennis, assistant chief for the Driver License Division at the Texas Department of Public Safety: “If a customer asks auditors to turn off their device, it only adds to the viral content. We make sure someone on the staff is monitoring activities at all times.”

While many DMVs take a hands-off approach, Dennis believes the best course of action is to engage with auditors and treat them with respect and professionalism. When they arrive, staff acknowledge their presence and offer assistance just as they do for any customer. For example, they may ask if there’s something specific the individual wants to see as part of their audit or offer to connect them with the department’s Public Information Office if they have questions.

“We can’t be apprehensive about engaging with auditors. The better prepared our leaders and supervisors are, the better they will handle these situations when they occur,” Dennis says.

Understanding Your Legal Rights

Understanding your state’s laws and your legal rights and responsibilities is crucial when dealing with auditors. For example, under North Carolina’s Trespass law, state government offices are protected from disruptive visitors. Anyone visiting a DMV office must be there for the purpose of conducting DMV business, otherwise, they are asked to leave.

“If they don’t have a legitimate reason for being there and they’re disrupting business operations or customers, the person in charge has the authority to ask them to leave,” explains Tim Hayworth, deputy commissioner with the North Carolina DMV. “If they’re recording in non-restricted areas and don’t bother anyone, we leave them alone.”

In some instances, the police have been called and threatened arrest to force the auditor to leave. “Auditors don’t want to get arrested. They just want to push it to that point,” Hayworth says.

He adds that auditors sometimes begin recording before entering the building. They may video the building exterior and cars in the parking lot. While these activities aren’t illegal, they’re often used to lure government employees into a confrontation. Employees are instructed not to interfere with auditors who aren’t violating the law or DMV policies.

When audits started happening at Pennsylvania’s Driver License Center locations, existing signage was updated to include language that violators would be prosecuted under the law. Director Diosdado Arroyo says they consulted with legal counsel and the communications department to make sure the wording didn’t violate any laws. The requirement applies to all visitors—not just auditors—to protect customers’ personal data from being exposed during recording.

Center supervisors follow a step-by-step process to persuade auditors to stop recording:

• Introduce themselves and ask about the type of services they’re seeking.
• Point out signage prohibiting recording and explain why it’s prohibited.
• Request that they stop recording.
• If they don’t comply, request that they leave the facility.
• If still non-compliant, cease operations.
• If there’s still no compliance, contact law enforcement.

Arroyo recalls two instances in which they were forced to cease operations and contact law enforcement. In one of those cases, the individual was charged and convicted with defiant trespassing.

Consistency Is Key

In North Carolina, Hayworth estimates 20 auditor visits occur throughout the state every year. Auditors tend to travel in spurts, he says, often visiting several locations in close proximity on one day or over several days. It’s usually the same people, so staff recognize them when they show up.

Since implementing an updated staff training several years ago, audits are handled in a uniform manner, no matter where auditors show up. “When auditors get the same response at every DMV location, it takes the thunder away from them,” Hayworth says.