CC RESOLUTION 5123 RESOLUTION NO. 5123
A RESOLUTION ADOPTING A SOCIAL MEDIA POLICY.
The City Council of the City of EI Segundo does resolve as follows:
SECTION 1: Recitals:
A. While social media is an important and effective means of communicating
in the 21St century, the use of social media by City staff and Council
members raises legal issues, including compliance with California's open
meeting law (the Ralph M. Brown Act), the City's records retention schedule
and Public Records Act; in addition, significant First Amendment issues can
be triggered whenever the government creates opportunities for speech;
B. On March 2, 2017, the California Supreme Court decided the case City of
San Jose v. Superior Court, (2017) 2 Cal.5th 608, in which the court held
that a city official's electronic communications related to the conduct of
public business are public records under the California Public Records Act,
even if such communications are sent or received using a personal account
or personal device;
C. On July 17, 2018, the City Council adopted an "Elected Officials,
Committees, Commissions and Boards Electronic Communications Policy"
that pertained to the use of emails and electronic communications (including
social media) by City elected officials and appointed officials;
D. The City of EI Segundo currently hosts several social media sites, including
Facebook and Nixle pages and Twitter accounts for the Police Department,
Fire Department, Library Services and Recreation and Parks Department,
and is looking to expand its social media use to promote business growth
in the City and to provide useful information to City residents and
businesses;
E. Although the Police Department has a "Social Networking Policy" that
applies to Department employees, the City does not currently have any
written social media policies or procedures that apply to City employees in
general; and
F. This policy establishes procedures and conduct for creating and posting on
City social media sites, assigns responsibilities under the policy to certain
employees and officials within the City, and creates a standard for
information posted by City staff on City social media sites.
SECTION 2: Adoption and Authorization. The City Council hereby adopts the "Social
Media Policy," attached as Exhibit A and incorporated by this reference. The City
Page 1 of 2
Manager or his designee is authorized to take any actions necessary to effectuate the
policy.
SECTION 3: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED RESOLUTION No. 5123 this 18th day of December, 2018.
4-irew Soy�lsor
ATTEST:
%41
Tracy °urea M.. ",City clerk
APPROVED AS TO FORM:
�)j F- t--Ij
Mark D. Hensley, Ci Attorney
Page 2 of 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5123 was duly passed, approved and adopted by said City Council at a
regular meeting held on the 18th day of December, 2018, approved and signed by the
Mayor, and attested to by the City Clerk, by the following vote:
AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann, Council
Member Pimentel and Council Member Nicol
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this J1 day of January,
2019.
Weaver, icy Clerk
of the Cir of egundo,
California
EXH I BIT A
CITY OF EL SEGUNDO
(adopted by City Council on December 18, 2018)
Policy: Social Media Policy
1. Purpose
a. Currently, the City of EI Segundo ("City") hosts several social media sites,
including Facebook and Nixle pages and Twitter accounts for the Police
Department, Fire Department, Library Services and Recreation and Parks
Department. Additionally, the City is looking to expand its social media use
for purposes of promoting business growth in the City and providing useful
information to its residents and businesses.The City's participation with such
social media sites is an effort to engage the community in open, interactive
communications while effectively disseminating accurate information to a
unique target market. With the advent and widespread use of social media
sites, the City desires to capitalize on the potential value of and increasing
opportunities presented by social media.
b. This policy is designed to guide the City's involvement in social media
websites and address certain challenges presented by the City's social media
usage. It establishes certain procedures and conduct for creating and posting
on City social media sites, outlines acceptable site content, discusses privacy
issues and how the City's social media sites related to the City's retention
schedule, and provides other pertinent standards.
c, The City intends for its use of any social media site to relate solely to matters
of City business and does not, in any way, intend to nor actually create
general public forums. Each social media site is intended to be a limited
public forum only.
2. Definitions
a. The term "Social media sites" as used in this policy applies broadly to
websites primarily designed for open dialogue through written
communication, such as Facebook, Nixle and Twitter, as well as to multimedia
websites primarily designed for the distribution of media content, such as
photo streams, podcasts,visual worlds, or video sharing websites including
YouTube and Flickr.
b. The term "Citysocial media sites" means social media sites which are created
and maintained by City employees or agents on behalf of the City and as
City of EI Segundo Social Media Policy Page 2
authorized and approved by the City Manager or designee.
c. The term "comments" means comments and dialogue posted by the social
media follower in response to a City posting or in response to another
response.
d. The term "post" means information, articles, comments, pictures, videos or
any other form of communication posted on a City social media site.
e. The term "user" means any member of the public who posts, comments,
"likes," and/or otherwise participates on City social media sites.
3. Scope and Applicability
a. This policy applies to all City employees, elected and appointed officials,
volunteers, consultants, service providers and contractors performing
business on behalf of the City.
b. This policy applies to all social media sites, including but not limited to
existing and future City social media sites.
4. Creating City Social Media Sites
a. All Departments, employees, and officials must obtain written approval from
the City Manager or designee prior to creating a City social media site.
b. All City social media sites must utilize authorized City contact information for
account set-up, monitoring and access. Such contact information should be
provided to the City's Information Technology division. The use of personal
email accounts or phone numbers is not allowed for the purpose of setting-
up, monitoring or accessing a City social media site.
c. Whenever possible, City social media sites will display a prominent link to the
City's official website and will direct site traffic to the City's official website,
www.elsegundo.org.
d. The City official website will be maintained as the primary source of
information for the City; City social media sites will contain supplemental
information only. City social media sites may supplement, but do not replace,
the City's required notices and traditional methods of communication.
e. City social media sites will display a prominent official logo or identifying
marker for the City and will include language noting that the page is
maintained by the City.
City of EI Segundo Social Media Policy Page 3
f. Each department head, where applicable, must designate a specific staff
member to maintain and monitor the City social media site. Department
heads are responsible for ensuring their employees follow this policy. If an
employee assigned to maintain and monitor a City social media site ceases to
be employed by the City, the department head is responsible for ensuring
that all password(s) to the City social media site are revised immediately upon
that employee's cessation of employment and that another employee is
assigned to maintain and monitor the site. The department heads must
ensure that each employee assigned to maintain and monitor a City social
media site has a copy of this policy and understands its requirements.
g. Those employees designated to utilize City social media sites are responsible
for regularly posting information, monitoring comments, removing any
"unacceptable" content as described in this policy and saving content
required under the Public Records Act and forwarding information to the
appropriate person to ensure that information required to be posted relating
to meetings subject to the Brown Act is timely posted and made available to
the public.
h. Ali log-in information, including passwords, for all City social media sites must
be provided to the City Manager's office. At the discretion of the City
Manager and/or designee, any City social media site may be terminated at
any time, without advance or other notice. The City Manager and/or
designee may remove content that is inappropriate or inconsistent with this
policy.
L The City will display a prominent disclaimer or hyperlink to a disclaimer
(Exhibit 1), on each City social media site or profile, with notifications to
include:
1. Social media interaction deemed unacceptable, may be
deleted.
2. Content on the site may constitute a "public record" that is
subject to disclosure under the California Public Records Act.
3. City social media sites are not recognized as appropriate
venues or means for providing legal notification. Any
notification or posting appearing on a City social media profile
or site does not constitute a legitimate form of legal
notification.
City of EI Segundo Social Media Policy Page 4
4. Commentary posted by any member of the public on any City
social media site is the opinion of the commentator and its
publication does not imply endorsement of, or agreement by
the City; and does not reflect the opinions or policies of the
City.
5. The City may make use of available technology to filter
unacceptable content, comments and other interactions within
City social media sites.
6. Participants on the site agree to grant a non-exclusive,
irrevocable, royalty-free license to any information posted.
7. Participants must honor intellectual property standards and
must limit content to that which is rightfully posted.
8. Emergency responders are not monitoring City social media
sites.
9. City social media sites may contain content, including but not
limited to, advertisements or hyperlinks over which the City
has no control. The City does not endorse any hyperlink or
advertisement placed on City social media sites by the social
media site's owners, vendors or partners.
S. Information Posted on City Social Media Sites
a. All information posted to City social media sites by the City must:
i. Directly pertain to City-sponsored or City-endorsed programs, services
and events, or to the subject matter of the particular City department
maintaining the site;
ii. Present information in an accurate and professional manner. A post
may include links to City Council and City Committees, Commissions
and Boards' agenda items that are likely to be of interest to a
significant number of residents or businesses. However, a post must
not be made that responds to opinions expressed by the public about
such agenda items;
iii. Contain information that is freely available to the public and that is
not confidential as defined by any City policy or local, state or federal
law;
City of El Segundo Social Media Policy Page 5
iv. Be approved in advance by the City Manager or designee, or
department head or designee, and be consistent with the City's goals
and standards;
v. Not contain any confidential, personal information;
vi. Not include content that is contrary or detrimental to the City's
mission, values, image and interests,-
vii.
nterests;vii. Not make statements of guilt or innocence of any suspect or arrestee,
or comments concerning pending prosecutions;
viii. Not contain religious messages or advocate or promote religious
beliefs; and
ix. Comply with all local, state, and federal laws, and this policy.
b. Those designated and authorized to utilize social media are responsible for
complying with applicable federal, state, and local laws, regulations, and
policies, including this policy. This includes adherence to established laws and
policies regarding copyright, records retention, Public Records Act, First
Amendment, privacy laws, acceptable use of City owned or controlled digital
equipment, Internet access, and information security policies established by
the City.
c. No content posted by any City user may violate copyright or other laws.
When required by law, the posting of content subject to copyright requires
the prior written permission of the copyright holder.
d. Those designated and authorized to utilize City social media sites are
representing the City via social media sites and must conduct themselves at
all times as representatives of the City.
e. Those designated and authorized to post on City social media sites shall not
express their own personal views or concerns through such postings. Instead,
postings on any of the City's social media sites shall reflect the views of the
City.
f. Information posted to City social media sites becomes public information and
there should be no expectation of privacy regarding the information posted
City of EI Segundo Social Media Policy Page 6
on these sites.
g. All public or private affiliations, including those with other agencies or cities,
employees, volunteers, council or board members and members of the public
require the prior approval of the City Manager or the Department Head.
h. Employees administering a City social media site on behalf of the City must
understand the current terms of service for that site.
i, Authorized users shall be provided a copy of this Social Media Policy and are
required to acknowledge their understanding and acceptance by signing and
dating the last page of this document and returning the original copy to the
City Manager's office or designee and retaining a copy for their records.
6. Content Posted by Members of the Public
a. Posted content (including comments, photos and links) must be related to the
topic posted by the City or will be removed.
b. Comments containing any of the following examples of unacceptable content
must not be permitted on City social media sites and must be removed by an
authorized employee or the City Manager or designee:
1. Profane, obscene, or pornographic content and/or language;
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, physical or
mental disability, sexual orientation, national origin, as well as
any other category protected by federal, state or local laws;
3. Threats of physical harm to any person, property or
organization;
4. Ad hominem attacks on, or defamatory statements regarding,
any person;
5. Comments related to or in support of, or in opposition to, any
political campaigns or ballot measures except to announce
election dates and voter registration locations;
6. Conduct found to be in violation of any Federal, State or Local
law;
City of EI Segundo Social Media Policy Page 7
7. Solicitation, encouragement or promotion of illegal activity;
8. Information that is illegal to disseminate or that may
compromise the safety or security of the general public or
public systems;
9. Information or content that violates a legal ownership interest,
such as a copyright, of another party;
10. Comments in support of, or in opposition to, a specific religion
or religious belief;
11. Solicitations, advertisements, or endorsements of any
financial, commercial, or non-governmental agency.
c. Comments shall not be removed other than for the reasons set forth in
Section 6.c. above.
7. Other Considerations Regarding Social Media
a. When using social media sites, staff must abide by all applicable federal,
state, and local laws, regulations, and policies, including this policy. In
addition, employees must ensure they:
L Use good judgment in responding to a post; engaging any person
posting in an argumentative or offensive manner should be avoided;
ii. Do not violate the City's privacy, confidentiality, and legal guidelines;
iii. Do not publish any material that is confidential;
iv. Never comment on anything related to legal matters or personnel
issues;
v. Protect their privacy and the privacy of other employees and officials.
b. All members of the City Council, Planning Commission, and other City
commissions or committees subject to the Ralph M. Brown Act must abide by
the Act as it pertains to social media sites. These elected and appointed
officials must not use social media sites to respond to or comment on, "like,"
"share," "retweet," blog about, or engage in serial meetings, or otherwise
discuss, deliberate, or express opinions on any issue within the subject matter
jurisdiction of the body of which they are a member, except:
L Posting links to City information such as agendas for public meetings,
public meeting agenda items, public meeting minutes, videos of public
meetings, and other public information available on City websites, City
City of EI Segundo Social Media Policy Page 8
social media sites or other public agencies' websites or social media
sites;
ii. Posting purely objective information for the public regarding public
meetings, including for example, meeting dates and times, subject
matters to be addressed at a current or future public meeting, and the
votes taken at a public meeting (without ascribing a reason or reasons
for the action taken);
iii. Postings announcements of promotional, ceremonial or recreation
events in the City;
iv. Posting responses to questions from a member of the public about
which employee or what department at the City needs to be
contacted about a specific issue the member of the public needs
addressed or directing the member of the public to public information
found on the City's website or City social media sites.
c. Due to Brown Act considerations, members of the City Council, Planning
Commission, and other City commissions or committees must not post or
respond to, "like," "share," or "retweet" or otherwise participate in any public
postings on a City social media site about subject matters within the
jurisdiction of the body on which the member sits, except for a posting
relating to purely City ceremonial, promotional or social events.
d. City social media sites are subject to the California Public Records Act. Any
content maintained on a City social media site that is related to City business
is a public record and subject to public disclosure. All postings on City social
media sites will be archived and maintained for two years or as otherwise
required in accordance with the City's record retention schedule. City staff
shall work with members of the Council and City Committees, Commissions
and Boards to assist them with maintaining public records that arise from
their use of their own social media sites to help ensure that such records are
maintained for two years.
e. Any content removed based on the guidelines contained herein must be
retained in accordance with the retention schedule, including the time, date,
and identity of the poster, when available.
f. Comments posted by the public on non-City social media pages are not
considered part of the official City public record and, therefore, are not
generally subject to public record requirements. However, comments that
City of EI Segundo Social Media Policy Page 9
are posted on a public official's personal social media page and which relate
to a pending agenda item must be transmitted to the City Clerk's office
and/or applicable secretary of the Board or Commission to be included in the
record for the agenda item.
g. Individuals wishing to file a complaint are encouraged to contact the City
Clerk's Office at (310) 524-2305 or submit a written complaint to: EI Segundo
City Clerk, 350 Main Street, EI Segundo, CA 90245. The City will review all
received complaints and take action as appropriate.
8. Violations
Violation of this policy may result in the removal of the City social media sites
and may cause disciplinary action to be taken as determined in accordance
with the City's Personnel Rules and Regulations, Memoranda of
Understanding, etc.
9. Responsibility Assignments
a. City Manager:
L Administer policy and provide direction for implementation;
ii. Provide oversight and direction to ensure that participation in social
media sites comply with the City's goals, standards and adopted
policy;
iii. Direct staff to conduct an annual audit of social media sites, to
evaluate current social media sites in use by the City, user account
information, employee training relating to appropriate site use, and
compliance with current social media legislation, open meeting and
public record standards;
iv. Directs staff to preserve and maintain all documents as required by
the City's adopted retention schedule.
b. City Council, Committees and Commission members:
L Uphold the City's policy that members must limit their social media
activity, as described in Section 7.b. and 7.c. above, as it relates to City
business that is within the jurisdiction of the body on which the
member sits; and
ii. Understand that posts on any social media sites and City social media
City of EI Segundo Social Media Policy Page 10
sites constitute "public records" subject to the Public Records Act to
the extent such are within the subject matter jurisdiction of the body
on which the member sits and that the member has an obligation to
retain for two years their posting on non-City social media sites,
including the postings and comments made in response to a member's
posting or comment
c. City Clerk's Office and Human Resources Department:
i. Assist departments with employee complaints and alleged violations
of this policy;
ii. Work with those administering sites for the City to achieve compliance
with the Public Records Act and Brown Act.
d. Employee/Agent:
i. Uphold the City's policy that unless authorized, employees and agents
must not post on any City social media site regarding official business
or assigned job duties;
ii. Uphold the City's policy not to access social media for personal use
with City-owned equipment;
iii. Responsible to be informed that posts on any City social media site
may be considered "public records" subject to the Public Records Act
as well as Brown Act compliance;
iv. Read and comply with this policy.
e. Social Media Administrators:
i. Ensure compliance with the terms and conditions of this Policy with
regard to the site(s)that the Administrator is managing;
ii. Assist, recommend and post social media information as directed;
iii. Under direction, perform an annual audit;
iv. Assist and fulfill information requests regarding social media, as
necessary.
Attachment:
Exhibit 1—City of EI Segundo Social Media Policy Disclaimer
Exhibit 1—City of EI Segundo Social Media Policy Disclaimer
Privacy Policy and Disclaimer
Any individual accessing, browsing and using a City of EI Segundo Social Media site accepts
without limitation or qualification, the City's Social Media Policies (hereafter "Policies"). These
terms and conditions apply only to the Social Media sites (defined here as third party hosted
online technologies that facilitate social interaction and dialogue, such as Facebook, Twitter and
YouTube)that are managed by the City of EI Segundo.
The City of EI Segundo reserves the right to modify these Policies without notice. Any
modification is effective immediately upon posting the modification on the Social Media Policy
page unless otherwise stated. Continued use of a City of EI Segundo Social Media site following
the posting of any modification signifies acceptance of such modification.
All users of a City of EI Segundo Social Media site are also subject to the site's own Privacy
Policy. The City has no control over a third-party site's privacy policy or their modifications to
it. The City also has no control over content, commercial advertisements or other postings
produced by the Social Media site that appear on the City of EI Segundo Social Media site as
part of the site's environment.
The City of EI Segundo operates and maintains its Social Media sites as a public service to
provide information about City programs, services, projects, issues, events and activities. The
City of EI Segundo assumes no liability for any inaccuracies these Social Media sites may contain
and does not guarantee that the Social Media sites will be uninterrupted, permanent or error-
free.
Posting Policy
Although posts and comments are encouraged on the City of EI Segundo Social Media sites that
allow posts, these sites are limited public forums and are moderated by City staff. All posted
content(comments, photos, links, etc.) must be related to discussion of City programs, services,
projects, issues, events and activities.
The following are prohibited on City of EI Segundo Social Media sites:
a Comments not topically related to City programs, services, projects, issues, events and
activities, or the particular post being commented upon
• Posts and comments that promote or advertise commercial services, entities or
products except as stipulated in City marketing plans and determined by the City to be
essential to economic development
1
• Political statements, including comments that endorse or oppose political candidates or
ballot propositions
• Religious statements, including comments that endorse or oppose any type of religious
opinions or activities
• Posts and comments that promote, foster or perpetuate discrimination on the basis of
creed, color, age, religion, gender, marital status, status with regard to public assistance,
national origin, physical or mental disability or sexual orientation
• Posts and comments that include vulgar, offensive, threatening or harassing language,
personal attacks or unsupported accusations
m Obscene or sexual content or links to obscene or sexual content Illegal activity or
encouragement of illegal activity
• Information that may tend to compromise the safety or security of the public or public
systems Content that violates a legal ownership interest of any other party
All posts and comments uploaded to City of EI Segundo Social Media sites that allow posts will
be monitored. The City of EI Segundo reserves the right to remove posted content that does
not comply with these Policies. The City may make use of available technology to filter
unacceptable content, comments and other interactions within City Social Media sites.
Please be aware that content appearing on the site, including comments and posts from the
public, may constitute a "public record" that is subject to disclosure under the California Public
Records Act. This may include information that you make available through privacy settings on
this personal site on your own page(s).
Communications made through City of EI Segundo Social Media sites in no way constitute a
legal or official notice or comment to the City of EI Segundo. (For example, a post or comment
that asks for public records will not be considered a public records request.) To comment about
a specific City project or program, please contact the appropriate department. To comment on
an agenda item of the City Council or any City board or commission, please direct your
comments as indicated on the applicable agenda.
Commentary posted by any member of the public on any City Social Media site is the opinion of
the commentator and its publication does not imply the endorsement of, or agreement by, the
City and does not reflect the opinions or policies of the City.
2
Links and Embedded Content Policy
Links to other Social Media and/or External Websites Provided on City Social Media Sites
The City of EI Segundo may select links to other Social Media sites and outside websites that
offer helpful resources for users. Once an individual links to another page or site, the City's
Policies no longer apply and you become subject to the policies of that page or site.
The City of EI Segundo's Social Media sites are intended specifically to share information about
City programs, events and services. The City of EI Segundo is not responsible for the content
that appears on these outside links and provides these links as a convenience only.
Users should be aware that these external pages and sites and the information found on those
pages and sites are not controlled by, provided by or endorsed by the City of EI Segundo. The
City reserves the right to delete links posted by outside individuals that violate the City's Posts
Policy at any time without notice.
Links by Other Entities to City Social Media Sites
It is not necessary to get advance permission to link to City of EI Segundo Social Media sites;
however, entities and individuals linking to City of EI Segundo Social Media sites should not in
any way suggest that the City of EI Segundo has any relationship or affiliation with that
organization or that the City endorses, sponsors or recommends the information, products or
services of that site.
Embedded content from City Social Media Sites on other sites
It is not necessary to get advance permission to embed City of EI Segundo Social Media site
content; however, entities and individuals embedding content must not present City of EI
Segundo content as their own or otherwise misrepresent any of the City's Social Media site
content. Furthermore, they shall not misinform users about the origin or ownership of City of
EI Segundo Social Media site content. Embedded content from City of EI Segundo Social Media
sites should not in any way suggest that the City of EI Segundo has any relationship or affiliation
with that organization or that the City endorses, sponsors or recommends the information,
products or services of that site.
Copyright Policy
All information and materials generated by the City of EI Segundo and provided on City of EI
Segundo Social Media sites are the property of the City of EI Segundo. The City retains
copyright on all text, graphic images and other content that was produced by the City of EI
Segundo and found on the page. You may print copies of information and material for your
3
own non-commercial use, provided that you retain the copyright symbol or other such
proprietary notice intact on any copyrighted materials you copy.
Commercial use of text, City logos, photos and other graphics is prohibited without the express
written permission of the City of EI Segundo. Use of the City logo is prohibited for any non-
governmental purpose. Any person reproducing or redistributing a third-party copyright must
adhere to the terms and conditions of the third-party copyright holder. If you are a copyright
holder and you feel that the City of EI Segundo did not use an appropriate credit line, please
notify the City's Information Technology division with detailed information about the
circumstances, so that the copyright information can be added or the material in question can
be removed.
Participants on the site agree to grant the City a non-exclusive, irrevocable, royalty-free license
to any information posted.
4