HomeMy WebLinkAboutAGENDA REPORT 2017 1018 CCSA REG ITEM 09C ITEM 9.C.
crry OFPw`i �I` :" :�'sS CALIFORNIA
C Council Ii eet ng
MOORPARK CITY COUNCIL of // -442°,1
AGENDA REPORT AcIo�I.
TO: Honorable City Council
FROM: Kevin G. Ennis, City Attorney
DATE: October 11, 2017 (CC Meeting of 10/18/2017)
SUBJECT: Consider Policy on Social Media Use by Members of the City
Council and City Commissions
BACKGROUND
At the June 21, 2017 City Council meeting, the City Council received and
considered a report on legal restrictions on the use of social media by Members
of the City Council. As a follow-up to that discussion, the City Council directed
staff and the City Attorney's Office to prepare a new policy that provides
guidance to Councilmembers on how to comply with legal requirements and
limitations that arise from their membership on the City Council when
Councilmembers use social media. Proposed Policy 2.20 has been prepared for
that purpose.
DISCUSSION
Proposed Policy No. 2.20 applies to the Members of the City Council but also to
Members of other Boards and Commissions of the City. This is because the
same legal limitations imposed by California law on City Council Members apply
to Members of other legislative bodies of the City. Per the Policy "City
Commission" or "Commission" means the City of Moorpark Library Board,
Planning Commission, Arts Commission, Parks and Recreation Commission.
"City Commission" or "Commission" also means any other commission or board
that may be created by ordinance or formal resolution of the City Council of the
City of Moorpark from time to time.
The intent of the Policy is not to unnecessarily restrict the ability of a Member of
the City Council or a City Commission from using social media but to provide
guidance to help them comply with existing California laws that restrict their
communications on matters of city business that are within the subject matter
jurisdiction of their body (City Council or Commission).
47
Honorable City Council
October 18, 2017, Regular Meeting
Page 2
The Policy provides not more than two Members of the same body (City Council
or Commission) should post or respond to a post on the same subject within the
jurisdiction of that body. If a Member sees that two fellow Members of the same
body on which you serve have already posted information about a matter of City
business before the body on which you serve, or posted a response to prior
postings on that topic, you should not provide your own post on that same topic.
If you are asked why only two Members have responded to posts and other
Members have not, any Member may post a response that explains that City
Policy precludes additional Members from posting on the same topic.
When matters are pending before the City Council or before the Commission on
which you serve, Members should refrain from sharing viewpoints or facts that
have not already been shared by a fellow Member during a public meeting of the
body on which they serve, and particularly prior to a decision by that body.
Members should avoid sharing facts, opinions, or viewpoints on quasi-judicial
matters that are presented to the body on which you serve (City Council or
Commission) through social media posts or responses to posts before, during or
after the public hearing on the matter. A "quasi-judicial" matter is, for example,
an application or request for a variance, CUP, or other type of decision in which
the City Council or Commission must base its decision on whether the
application or pending matter satisfies specific criteria or meets required findings
for approval.
If a Member uses a personal social media account, or a social media account
owned by a third party such as his or her employer, the Member may be asked
by City staff to provide copies of your social media posts that relate to matters of
City business. When requested by City staff, the Member is required to forward
those requested posts to City staff within the time periods specified by City staff.
Any questions about the City's policy on public records should be directed to the
City Clerk, City Manager or City Attorney.
All posts by Members that relate to matters of City business should be retained in
accordance with the City's Records Retention Policy. Copies of the Records
Retention Policy may be obtained from the City Clerk.
City-established and managed social media sites should not be used for
campaigning or for personal purposes. Members should not use City-sponsored
or managed social media sites to conduct activities related to their own
businesses or other employment. Finally, when engaged in personal social
media use, Members should adhere to the guidelines and requirements of Policy
2.19, Personal Social Media Use by City of Moorpark ("City") Employees and
Employees of City Contractors.
48
Honorable City Council
October 18, 2017, Regular Meeting
Page 3
The reasons for these proposed policy provisions is more fully explained in the
staff report for the June 21, 2017 meeting and in a confidential memorandum to
the City Council dated June 14, 2017.
FISCAL IMPACT
None at this time.
RECOMMENDATION
Approve new Policy 2.20 and revise the numbering for the Waste Reduction and
Recycled Content Product Procurement Practices Policy from 2.20 to 2.21, and
direct staff to incorporate the new Policy 2.20 and the numbering change for
Policy 2.21 into the next comprehensive update of the City Council Policies
Resolution.
Attachment: Proposed New Policy 2.20
49
Honorable City Council ATTACHMENT
October 18, 2017, Regular Meeting •
Page 4
Policy 2.20: Social Media Use by Members of the City Council and
Commissions
1. This Policy is intended to help members of the City Council and members
of City Commissions and Boards address issues related to their use of
social media in connection with their activities as public officials of the City
while complying with legal requirements and limitations that arise from
their membership on the City Council or on a City Commission or Board.
2. The following terms have the following meanings in this Policy:
"City Commission" or "Commission" means the City of Moorpark Library
Board, Planning Commission, Arts Commission, Parks and Recreation
Commission. "City Commission" or "Commission" also means any other
commission or board that may be created by ordinance or formal
resolution of the City Council of the City of Moorpark from time to time.
"Member" means the Mayor, any member of the City Council, and any
member of any City Commission.
"Posts" or "postings" means information, articles, pictures, videos or any
other form of communication posted on a social media site.
"Social media" means all forms of user-created content tools such as
social networks, blogs, video sharing, pod casts, wikis, message boards,
sites, platforms, and online forums — collectively known as "Web 2.0" or
interactive use of the Internet, whether owned or operated by the City, by
other public entities, or by private entities. Technologies include but are
not limited to: picture and video sharing, wall postings (an area on a social
network page where friends and "fans" can post their thoughts, views, or
criticisms), email, instant messaging, etc. Familiar platforms include
Facebook, Twitter, Instagram, Linkedln, Pinterest, NextDoor, Snapchat,
Google+, Reddit, Tumblr, Kik, Yik Yak, Flickr, YouTube, Blogger, Yelp and
others, and includes all social media as it currently exists or may exist in
the future.
3. By adopting this Policy, it is not the City's intention to unnecessarily
restrict the ability of a Member to have a personal online presence or
mandate what they shall or shall not say. At the same time, this Policy is
intended to help guide Members to comply with legal restrictions imposed
by California laws that regulate the communications of Members of the
City Council and City Commissions.
4. A quorum of Members of the City Council or a City Commission should not
discuss or respond to posts on social media sites relating to a topic within
50
Honorable City Council
October 18, 2017, Regular Meeting
Page 5
the subject matter jurisdiction of the City Council or Commission. To
comply with this requirement, Members should follow these guidelines:
A. Not more than two Members of the same body (City Council or
Commission) should post or respond to a post on the same subject
within the jurisdiction of that body. If a Member notices that two other
Members of the same body have already posted information about a
matter of City business before that body, or posted a response to prior
postings on that topic, the Member should not provide his or her own
post on that same topic. If a Member is asked why only two Members
have responded to posts and other Members have not, any Member
may post a response that explains that this Policy precludes additional
Members from posting on the same topic.
B. When posting a response on social media, Members should be mindful
that other Members may read his or her post. For this same reason,
posts on the same topic should not be forwarded by individual
Members to more than one other Council or Commission Member.
C. When matters are pending before the City Council or before a
Commission, Members of that body should refrain from sharing
viewpoints or facts on social media that have not already been shared
at a meeting of that body, and particularly prior to a decision to be
made by the City Council or Commission.
5. If a Member uses a personal social media account, or a social media
account owned by a third party such as his or her employer, the Member
may be asked by City staff to provide copies of the Member's social media
posts that relate to matters of City business. When requested by City
staff, the Member is required to forward those requested posts to City staff
within the time periods specified by City staff. Any questions about the
City's policy on public records should be directed to the City Clerk, City
Manager or City Attorney.
6. All posts by Members that relate to matters of City business should, to the
extent the Member has the ability to control the retention of their posts, be
retained for two (2) years unless otherwise provided in the City's Records
Retention Policy. Copies of the Records Retention Policy may be
obtained from the City Clerk.
7. Members should avoid sharing facts, opinions, or viewpoints on quasi-
judicial matters that are presented to the body on which the Member
serves (City Council or Commission) through social media posts or
responses to posts before, during or after the public hearing on the matter.
A "quasi-judicial" matter is, for example, an application or request for a
51
Honorable City Council
October 18, 2017, Regular Meeting
Page 6
variance, CUP, or other type of decision in which the City Council or
Commission must base its decision on whether the application or pending
matter satisfies specific criteria or meets required findings for approval.
8. City-established and managed social media sites should not be used by
Members for campaigning for office, to advocate for or against ballot
measures, or for personal purposes.
9. Members should not use City-sponsored or managed social media sites to
conduct activities related to their own businesses.
10. When engaged in personal social media use, Members should adhere to
the guidelines and requirements of Policy 2.19, Personal Social Media
Use by City of Moorpark ("City") Employees and Employees of City
Contractors.
52