HomeMy WebLinkAbout2011-11-08 City Council Agenda Item No. 12 LAKE 6 LSINOR
DREAM EXTREME
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: NOVEMBER 8, 2011
SUBJECT: SOCIAL MEDIA - CONSIDERATION OF A DRAFT SOCIAL MEDIA
POLICY AND CITY FACEBOOK PAGE
Background
The City provides information to the general public through multiple types of media.
Currently information is transmitted through the City Website, E -mail notifications, TV
broadcasting on Time Warner and Verizon FIOS, and Twitter.
Local government can share important information with the public, host interactive
public forums and energize online communities using a variety of popular social media
services on the Internet (also referred to as "Web 2.0 ").
Social media sites already command a large and fast - increasing audience. According to
Facebook statistics, over 500 million users are active on Facebook every month, more
than 20 million people connect to Facebook Pages each day, and the top 40 US
Government Facebook Pages each have more than 1.5 million supporters ( "fans ").
Clearly, social media applications are now main stream. Users of social media pages
place a high value on receiving information and generally tend to "opt in" for information
through subscriptions to social media outlets rather than seeking information on
websites. While social media sites are not intended to replace websites or other
communication tools, they can serve as a valuable means to link users back to an
organization's website for more in -depth information.
For these reasons, the City of Lake Elsinore recognizes the importance of and value in
using social media sites to improve and broaden communication about the City's
mission, meetings, activities, and current issues to members of the public. However,
due to the City's overriding interest and expectation in deciding what is "spoken" on
behalf of the City on social media sites, it is also necessary to establish parameters for
their use and monitoring. In addition, the desire to increase citizen engagement through
interactive communication requires adoption of guidelines for acceptable conduct by
users of the site. To address these and other legal and policy issues outlined below, the
AGENDA ITEM NO. 12
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Consideration of a Draft Social Media Policy and City Facebook Page
November 08, 2011
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City's Information Technology Division has drafted a proposed Social Media Policy
(Attachment 1) for City Council consideration.
Discussion
In March 2011, the City's Information Technology Division presented to City Council
with a list of issues to consider before using social media in government. Those issues
to be considered included First Amendment rights, open meeting laws, lawful use of
public resources, procurement and contract implications, equal access /Section 508
(disability access), as well as workplace rules for employee use, hiring considerations,
public records retention and disclosure. City Council's recommendation was to proceed
with a phased approach and start with Staff returning with a proposed Social Media
Policy for City Council to consider.
Social Media Policy Summary
The proposed Social Media Policy addresses the following policy and legal
issues associated with the use of social media sites by government agencies:
1. Administration and Use of Social Media Sites:
The policy sets forth required approvals for creation of new social media sites,
expectations regarding oversight and administration of existing social media
sites, and a requirement that social media sites comply with all appropriate
City policies and procedures.
2. Content:
The policy establishes the primary use of social media sites as informational
channels to increase the City's ability to broadcast its message to the widest
possible audience.
Content may include:
• Announcements of City activities and City- sponsored community
events;
• Announcements of new /expanded City services;
• Invitations to attend City workshops and meetings;
• Links to City Council and advisory body meeting agendas;
• Links to City Press Releases and other news;
• Notifications of road closures and construction updates;
• Notifications and reminders regarding public safety issues, such as
annual weed abatement, earthquake preparedness, etc;
• Simple citizen surveys and contests.
The policy affirms that the City's website (www.lake- elsinore.org) will continue
to serve as the City's primary internet presence and requires that social
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Consideration of a Draft Social Media Policy and City Facebook Page
November 08, 2011
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media postings Zink back to expanded information on the City's website
whenever possible. The policy also establishes that the City's PEG channels
(Time Warner Channel 29 and Verizon FIOS Channel 31) would serve as the
City's primary tools for disseminating emergency information.
3. Legal lssues:
Social media present legal implications unique to government agencies.
These issues are addressed in the policy as follows:
a. First Amendment: The policy creates a limited public forum by allowing
users to comment on articles or other content posted by the City. Thus,
the City cannot exclude or delete comments based on viewpoint or
because they are critical of the City. The City can, however, exclude or
delete inappropriate comments if the inappropriate speech is defined in
the City's policy (see Citizen Conduct below).
b. Brown Act: To avoid potential Brown Act issues, the policy contains an
advisement that members of the City Council and City advisory bodies
refrain from commenting on City social media sites regarding matters
with the body's jurisdiction.
c. Records Retention and Public Records Act: The policy requires
departments to retain social media content consistent with California
law and the City's records retention policy. Although the City's records
retention policy does not specifically address social media content, the
City will retain social media site content for a two -year period
consistent with the retention of City correspondence and other
communication. The policy further provides that City social media sites
are subject to California civil discovery statutes and the California
Public Records Act and requires the City to maintain site content so
that it may be produced in response to a records request.
4. Citizen Conduct:
The policy's "Comment Policy" establishes standards for conduct by users of
City social media sites and specifically prohibits the following content:
a. Profane language or content;
b. Content that promotes, fosters, or perpetuates discrimination on the basis
of race, creed, color, age, religion, gender, marital status, status with
regard to public assistance, national origin, physical or mental disability,
sexual orientation or any other basis protected by state or federal law;
c. Sexual content or links to sexual content;
d. Solicitations of commerce and other pure commercial speech
e. Conduct or encouragement of illegal activity;
f. Comments in support of or opposition to political campaigns or ballot
measures;
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Consideration of a Draft Social Media Policy and City Facebook Page
November 08, 2011
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g. Information that may compromise the safety or security of the public or
public systems or employees;
h. Content that violates a legal ownership interest of any other party.
The Comment Policy also contains a number of legal disclaimers and
requires that comment guidelines and disclaimers be displayed to users of the
site and /or made available via a link.
Open and transparent government is the goal. Therefore, social media policies must be
in place and staff must be knowledgeable about proper usage, to avoid potential pitfalls.
With appropriate disclaimers, the right policies in place and effective training, the City of
Lake Elsinore can use social media effectively to share important information, collect
feedback and foster online communities to join in the City's mission, goals and values.
Fiscal Impact
There is no cost in joining the social media websites, but a cost is associated in the
Staff time required to manage the various social media websites contents. Through the
use of social media tools, Staff has automated the posting of City website News and
Calendar Events to Twitter and Facebook. An informal survey of Municipal Information
Systems Association of California (MISAC) membership City's was conducted and the
average time spent posting and monitoring comments was 1 -3 hours a week depending
on the popularity of posted topics.
Recommendation
Staff is seeking City Council feedback and direction regarding the intended purpose and
use of social media sites as stated in the proposed Social Media Policy. Assuming City
Council concurs with this strategy, the final Social Media Policy will be brought to City
Council for adoption on December 13, 2011, and the official City Facebook page will be
launched the week of January 3, 2012.
It should be noted that the Citizen Corps have established a Facebook page. Assuming
the proposed Social Media policy is adopted, this page would need only minor
modifications to be in compliance with the policy.
Prepared by: Toby Soto
Information Technology Supervisor
i
Approved by: Robert A. Brady lip
City Manager
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CITY OF LAKE ELSINORE SOCIAL MEDIA POLICY
I. Purpose
To address the fast - changing landscape of the Internet and the way residents and
businesses communicate and obtain information about the City of Lake Elsinore ( "City ")
online, the City's departments may consider using social media tools to reach a broader
audience and increase citizen engagement. The City encourages the use of social media
to further the goals of the City and its departments, where appropriate, through
dissemination of information about the City's mission, meetings, activities and current
issues to members of the public.
The City has an overriding interest and expectation in deciding what is "announced" or
"spoken" on behalf of the City on social media sites. The purpose of this policy is to set
forth the City's policies and procedures regulating the City's presence on social media
websites and regulating employees who are responsible for maintaining the City's
presence on social media websites. This policy does not govern or regulate the use of
social media sites by City employees or the privacy rights associated therewith.
"Social media" and "Web 2.0" are terms used interchangeably to refer to activities that
integrate technology, social interaction and content creation. This media allows people
to generate, organize, share, edit and comment on web content. Examples of social
media include, but are not limited to, Facebook, Twitter, YouTube, Blogs, Really Simple
Syndication ( "RSS "), Linkedln, and Flickr.
The goals of City of Lake Elsinore social media sites are to:
• Increase the public's knowledge, trust, and use of City services
• Promote the value and importance of City services among and between governing
officials, civic leaders, and the general public
• Maintain open, professional and responsive communication with members of the
public and the news media
II. Ownership
All social media communications composed, sent, or received on City equipment are the
property of the City. While the social media sites are administered by the City, the
content on the sites is not entirely controlled by the City. The City does not endorse any
links or advertisements on its social media sites placed by the site owners or their
vendors or partners.
III. General Policy
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A. All of the City's social media sites that are created by departments will be subject to
approval by the City Manager or designee. All City of Lake Elsinore social media sites
shall be administered by the City of Lake Elsinore Information Technology Division ( "IT ")
staff.
B. City social media sites should make clear that they are maintained by the City of Lake
Elsinore and that they follow the City's Social Media Policy.
C. The most appropriate uses of social media tools are as informational channels to
increase the City's ability to broadcast its messages to the widest possible audience.
D. The City's website (http: / /www./ake a /sinore.org) will remain the City's primary and
predominant internet presence.
E. Wherever possible, content posted to the City's social media sites must first be made
available on the City's website by the department's website content manager.
F. Wherever possible, content posted to the City's social media sites must contain
hyperlinks directing users back to the City's official website for in -depth information,
forms, documents or online services necessary to conduct business with the City of Lake
Elsinore.
G. Social media will not be the primary tool used for disseminating emergency information.
The City's PEG Channels, Time Warner Channel 29 and Verizon FIOS Channel 31, will
remain the primary source of that information. Emergency information may be released
on social media sites, but not before release on City's PEG Channels or other emergency
information systems.
H. The Public Information Officer or designee will monitor content on City social media
sites to ensure adherence to both the City's Social Media Policy and the interest and
goals of the City of Lake Elsinore.
I. Wherever possible, the City's social media sites must comply with all appropriate City of
Lake Elsinore policies and procedures, including but not limited to:
1. Internet, Electronic Mail and Software Policy.
2. City Information Technology (IT) security policies and guidelines.
3. City of Lake Elsinore anti - harassment and anti - discrimination policies.
Any exceptions will be approved by the City Manager or designee dependent on the
policy. Any exceptions must be in writing.
J. All employees who utilize social media concerning the City shall also comply with this
policy. This includes social media use on and off City- compensated time. Therefore,
employees utilizing social media on their own time, but on topics concerning the City,
are expected to comply with this policy.
K. Employees are not to access social media sites on City time for any purpose not work -
related. Employees with business reasons to access social media sites or use social
media tools must have their Department Head send an e-mail to the Information
Technology Supervisor and the City Manager authorizing such access so that network
security can be modified to allow access.
L. The City's social media sites are subject to California's civil discovery statutes and the
California Public Records Act. Any content maintained in a social media format that is
related to City business, including a list of subscribers and posted communication (with
certain exceptions), is a public record. The Department maintaining the site is
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responsible for responding to any public records request for public records on social
media; provided, however, such requests must be handled in collaboration with the City
Clerk's Office and the City Attorney's Office. Content related to City business must be
maintained in an accessible format and so that it can be produced in response to a
request. Wherever possible, such sites must clearly indicate that any articles and any
other content posted or submitted for posting may be or are subject to public disclosure
upon request.
M. California law and relevant City records retention schedules apply to social media
formats and social media content. Unless otherwise addressed in a specific social media
standards document, the department maintaining a site must preserve records required
to be maintained pursuant to an applicable records retention schedule for the required
retention period in a format that preserves the integrity of the original record and is
easily accessible.
N. City social media sites shall be managed consistent with the Brown Act. Members of the
City Council and City advisory bodies should refrain from responding to any published
postings, or from using the site to respond to, blog, engage in serial meetings, or
otherwise discuss, deliberate, or express opinions on any issue within the subject matter
jurisdiction of the body.
IV. Comment Policy
A. Users and visitors to the City's social media sites must be notified that the intended
purpose of the site is to serve as a means of communication between City departments
and members of the public. All comments posted to the City's social media sites will be
monitored. The City's social media site articles, posts and comments containing any of
the following forms of content will not be allowed and must be removed as soon as
possible:
1. Profane language or content;
2. Content that promotes, fosters, or perpetuates discrimination on the basis of race,
creed, color, age, religion, gender, marital status, status with regard to public
assistance, national origin, physical or mental disability, sexual orientation or any
other basis protected by state or federal law;
3. Sexual content or links to sexual content;
4. Solicitations of commerce and other pure commercial speech
5. Conduct or encouragement of illegal activity;
6. Comments in support of or opposition to political campaigns or ballot measures;
7. Information that may compromise the safety or security of the public or public
systems or employees;
8. Content that violates a legal ownership interest of any other party.
B. Users and visitors to the City's social media sites must also be notified that:
1. A comment posted by a member of the public on any City of Lake Elsinore social
media site is the opinion of the commentator or poster only, and the publication of a
comment does not imply endorsement of, or agreement by, the City of Lake
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Elsinore, nor do such comments necessarily reflect the opinions or policies of the
City of Lake Elsinore.
2. The City reserves the right to restrict or remove any content that is deemed in
violation of this policy or any applicable law. Notwithstanding the foregoing, the City
of Lake Elsinore is not obligated to take such actions, and the City disclaims any and
all responsibility and liability for any materials that the City deems inappropriate for
posting, which cannot be removed in an expeditious and otherwise timely manner.
3. By posting a comment, users agree to indemnify the City of Lake Elsinore, its officers
and employees from and against all liabilities, judgments, damages, and costs
(including attorney's fees) incurred by any of them which arise out of or are related
to content posted by users. If a user does not agree to these terms, the individual
should not use the City of Lake Elsinore's social media sites as a violation of these
terms may lead to legal liability.
4. The City neither guarantees the authenticity, accuracy, appropriateness nor security
of external links, websites or content linked thereto.
C. The above comment guidelines and disclaimers ( "Terms of Use ") must be displayed to
users or made available by hyperlink. Any content removed based on these guidelines
must be retained, including the time, date and identity of the poster in accordance with
the City's policy on the retention of such information.
D. When a City of Lake Elsinore employee responds to a comment, in his /her capacity as a
City of Lake Elsinore employee, the employee's name and title should be made
available, and the employee shall not share personal information about himself or
herself, or other City employees.
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