HomeMy WebLinkAbout2011 05 09 Regular 602 Social MediaCOMMISSION AGENDA
ITEM 602
- - -- May 9, 2011
Regular Meeting
Consent
Informational
Public Hearin
Regular X
MGR. /DEPT. Oe � � •�
Authorization
REQUEST: The City Attorney and the I Department request that the City Commission review
the presented materials regarding municipal social media policies and provide further direction.
SYNOPSIS:
The City Commission requested that the City Attorney provide an update regarding the
state of the law with respect to the City's ability to provide social media options such a s
Face book and Twitter. The City Attorney has provided such an update with technical input from
the IS Department.
CONSIDERATIONS:
Back in 2009, the City Attorney advised the City Commission as to the state of the
law regarding the City's ability to provide social media options such as Facebook and
Twitter.
2. Since them, there has been no additional legal authority in Florida on this matter. That
I Sp
the last significant ease authority on social media tools is Florida Attorney General
O pim"on Number 2009-19, which opinion is attached to this agenda item for the City
Commission's. ission's. consideration.
3 . In 2009, the IS Department commenced setup of two official City social media
vehsites, Face book and Twitter. The content of both of these official City social
media web sites would be subject to the public records lags of Chapter 119, Florida
Statutes, At the time the City commenced setup of the official Facebook and Twitter
sites in 2009, there was no mechanism to easily capture comments posted b y third
parties to the City's Facebook page. However, with recent changes to Faceboo the
City now has the ability to easily capture comments b automating this process within
Facehook. The City would retain all captured comments for the proper retention
period as required by law. This is not an issue with Twitter since Twitter 1s a one -way
(o utward) communication tool.
City Commission — Regular Meeting
May 9,2011
Regular Agenda Item #02
PATE 2 OF
4. If the City Commission desires to implement a City Facebook and/or Twitter account,
the City Commission will need to develop a social media policy and City
administration Will need to develop management tools to manage such accounts.
5 . For informational purposes, several sample social media policies are attached for the
City Commission's review.
FISCAL IMPACT:
There is no fiscal impact at this thn.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and all eAlert eCiti en recipients; and is available on the
City's website, LaserFiohe, and the City's server. Additionally, portions of this Agenda Item are
typed verbatim on the respective meeting agenda which has also been electronically forwarded to
the individuals noted above; and which 'is also available on the City's website, LaserFiehe, and
the City's server; has been sent to City staff, media/press representatives who have requested
agendas /agenda item information, homeowner's associations/representatives on file with the
City, and all individuals who have requested such information-, and has been posted outside City
Mall; posted inside City Hall with additional copies available for the general public; and posted at
five different locations around the City. This Agenda Item is also available to any new
individual requestors. City Staff is always willing to discuss this or any Agenda Item with any
interested individuals.
RECOMMENDATIONS:
The City Attorney and the IS Department request that the City Commission review the
presented materials regarding municipal social media Policies and provide further direction.
F:y"# - WWI
1. Florida Attorney General Opinion 2009-19
2. City of Cocoa Social Media Policy
3. Cit of Winter Park Social Media Policy
4. City of Orlando Social Media Policy
Advisory ory Legal Opinion _ Records, municipal facebook page Page 1 of 10
Florida Aftorney General
Advisory Legal Opinion
Number: AGO 2009 -19
DateApril 23, 2009
Subject: Records, municipal facebook page
Mr, Samuel S. Goren
{. coral Springs City Attorney
9551 West Sample Road
Cora. Springs, Florida 33065
RE: 24 C ALITIE - RECORDS - 'ER1MN N THE SUNSHINE LAW -I R -
public record implications for city's Facebook page. s. 119.011(12)
Fla. Stat.; Art. 1 s. 23, Fla. Const. ..
Dear Mr. Gowen
On behalf of the Coral. Springs City Commission, you ask the following
questions:
1. If the city chooses to maintain a Facebook page, would all
contents of the city l s page, including information about the city's
"friends" and their pictures, and the friend's respective ace o]
pages, b e subject to the Public Records Lair, Chapter 119 Florida
Statutes?
2. If Question One is answered in the affirmative, is the city
obligated to follow a public records retention schedule as set forth
in the State of Florida General Records schedule GS1 for State and
Local. Gove=ment Agencies?
Question one is answered in the a ' 'i=ative, is Florida's Right
of riva y, as guaranteed In Article 1, section 23, ]Florida
Constitution, implicated by the inclusion of information about the
city. s "friends" and the respective link to the friends Fa ebook
pages l inked to the city F s page?
4. Would communications orx the city's Facebook page regarding city
business be subject to Florida's Governanent in the Sunshine Law,
section 286.011, Florida statutes
In sun
1. Since the city is authorized to exercise pourers for a municipal
purpose, the creation of a Facebook wage Faust be for a municipal, not
ttp: www.myflori al 1. s pr tvi w 2 F 9 2 2 C 4114/2011
Advisory Legal Opinion - Records, municipal facebook page Page 2 of 1
private purpose. The placement of material on the city' page would
presumably be in furtherance of such purpose and In connection with
the transaction of official business and thus subject to the
provisions of Chapter 119, Florida Statutes. In any given instance,
however, the dete=ination would have to be made based upon the
definition of "Public record" contained In section 119 .1 1 , plorida
S tatutes . Similarly, w h eth er the Facebook page of the friends w ould
also be subject to the Public R ecords Law, Chapter 119, Florida
S would depend on whether the dace and .nornation contained
therein was made or receive in co nn ect ion of th e transaction o
official business by or on behalf of a public agency.
2. The city is under an obligation to ollow the public records
retention schedules established by law.
3 . Whi A rticle 1, section 23, Florida Constitution,, may b
implicated in determining what info =at.ion may be collected by the
• city, the constitutional provision expressly states that " tI his
section shall not be construed to limit the public's right of access
to public records and meetings as prov3.ded by law-" Thus, to the
extent that in 'o nation on the city's Facebook page constitutes a
public record within the meaning of Chapter 119, Florida Statutes,
Article I , section 23, F lorida Constitution is not implicated
4 , Communications on the city Facebook page regarding city business
by city conmissioners may be subject to Florida's Oover=ent in the
Sunshine Lair, sect 286.0 lorida St atutes , Th m embers o
city board or commission must not engage on the city's F acebook page
in an exchange or d iscussion of matters that f oreseeably will cone
before the board or commission for official action.
You state that Facebook is a social networking website maintained by
p rivately-owned F cebo , Inc # , which allows users to create profiles
that include personal .interests and pictures. According to your
letter, Facebook allows users to build networks of " r3.ends" which
allows such friends, once they have been added to the user" s profile,
to appear on the user I s profile. F acebook also contains interact Xi ve
features, Including instant messaging saging and. a "Wall" wh:.ch allows
friends to post messages and attachments which may be viewed b
anyone who may view the user's profile.
A s you have not provided this office with a spec. a.c fact situation �
y comments must be general in nature.
Q uestion One
Section 1 .021 1 , Florida Statutes, sets forth the authority of
municipalities, , stating:
"As provIded in 2(b), Art. V111 of the State Constitution,
hUp: 4/14 /2011
Advisory Legal i - Records, mumcipal facebook page Page 3 of 1
municipalities shall have the goverrmental, corporate, an
proprietary powers to enable then to conduct municipal government,
perform municipal functions, and render municipal services, and may
{ exercise any power for sous 1cipa , purposes, except when expressly
prohihIted by law. ( e, s,
The Florida Supreme Court has started that this constitutional
provision "expressly grants to every municipality in this state
authority to conduct munIcipal. government, perform municipal
functions, and reader municipal servlces . " [ 1 ] The only limitation on
the power of municipalities under this constitutional section is that
such power must be exercised for a al:Ld municipal purpose . [ ] The
determination of what constitutes a valid municipal purpose for the
expenditure of public is funds Is one that must be made by the cit
cor fission and cannot be delegated to this off ice . [ 1 In making this
dete=ination, the commission must make appropriate legislative
findin
Accordingly, the city would appear to have the authority to establish
a Facebook page under its hone rule powers provided the establishment
of such a page is for a valid municipal purpose and the city
commission has made the appropriate legislative fIndings. You have
not advised this office as to the nature of the informatlon that will
he contained on the city's page, Section 119.011(12). Florida
Statutes, however, defines "Public records" for purposes of Chapter
119, Florida Statutes, to include
u ail documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other materlai,
regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business by any agency.
The Florida Supreme Court has interpreted this definition to
encompass all materials made or received by an agency inn connection
with official business which are used to perpetuate, communicate, or
formalize kn wl.edge . It is the nature of the record created rather
than the means by which It is created which determines whether it is
a pudic recoard. [ ] The placement of informatio n on the city's
Facebook page would wear to communicate knowledge. Thus, the
dote= i at .ox in any given instance as to whether information
constitutes a public record will depend on nether such information
was made or received in connection with the transact±on of official
business by the city.
As noted above, you have not adv3. sed this office as to what will be
placed on the Facebook page. inasmuch as the pare must be established
for a municipal purpose and in the absence of specific information as
to the material placed o the city" s Facebook pace, this office
presumes that the information contained on the page would be made or
ttp; ww. Sri l al. r. c .x Prin i w/25Fl 3F 1 2 S 2 E4 C 4/1412011
Advisory Legal Opinion - Records, municipal facebook page Page 4 of 10
received n connection with the official o the city.
recognize that the Florlda Supreme Court ruled that private e-mail
stored in government computers does not automatically become a public
record by virtue of that storage
"Just as are agency cannot circumvent the Public Records Act by
allowing a private entity to maintain physical custody of documents
that fall within the definition of 'public recor ds , , . pr3.vate
;F dooments cannot be deemed public records solely by virtu the2.r
placement on an agency -owned computer,"[ 61
Therefore, there may be materlal paced on the c1ty' s Facebook page
that is personal and does not relate to the transaction of official
business. However, as noted above, the creation of a Facebook pate
must be for a muniolpal, not private, purpose. Accordingly, the
placement of material on the city" s page would presumably be in
furtherance of such purpose and In connection with the transaction of
official business and thus subject to the provisions of Chapter 119,
Florida Statutes. In any given instance, however, the determination
would have to be made based upon the de inition of "public record"
contained ,x ed in section 119.011, Florida Statutes, as defined by the
courts*
You also inquire whether the Facebook page of the friends would also
be subject to the Public Records Law, Chapter 119, Florida Statutes.
You do not indicate who these "friends" of the city may be. In the
absence of more information, this office cannot categorically
conclude that the Facebook pages of such "friends" would be subject
to Chapter 119; rather such a determination would depend on whether
the ln o=ation contained on such pages was made or received In
connection of the transaction of official business by or on behalf of
a public agency such as the city. In light of the above, the city r
should it establish a Facebook page, may wish to post a warninc,
regarding the application and implications of the Public Records Law.
[ ]
Q uestion Two
Section 119. 021 2 a , Florida statutes , requires the Division of
Library and Infor ation ery ces divi o n of the Department of
State to adopt rules establishing retention schedules and a disposal
process for public records. Each agency must comply with these rules.
[ ] The divislo ► shall establish a time period for the retention or
disposal of each series of records . [9]
F+ Section 257.36(6),, Florida Statutes, provides that a "public record
may be destroyed or otherwise disposed of only In accordance with
retention schedules established by the division. This office in
Attorney Genera. Opinion 96o-34, recognizing that the definition of
"Public records" is comprehensive and encompasses all such material
ham: ter. ri al a1. n a .n ri tvi w 2 1 2 A2 E4 C 4/14/2011
Advisory Legal. Opi W Records, municipal face page Page 5 of 1
regardless o its physical fora or characteristics stated that
electrons Public records such as e-mail messages are subject to the
statutory limitatio ns on destruction of publ±c records. More
recently, this office stated In Attorney General 08 that the
public records on a website maintained by arr. ci ty council member that
related to the transaction of city business would appear to be
subject to the cityf s policies and retention schedule regarding city
records.
The General R ecords s S GS1-SL f or State and L ocal Go vernment
Agencies states that " C a] ll Florida public agencies are eligi to
use the G i - S , which provides retention periods for the most common
administrative records such as routine correspondence and personnel
payroll, financial, and legal records . " [ 1 o ] Thus, to the extent that
the information ation on the city's Facebook pace constitutes a public
record, the city is under an obligation to follow the public records
retention schedules establishe d by law.
Questions relating to the applicability of retention schedule or
retention of a specific record, however, should be preferred to the
Division o Library and Information S ervi c s in the De partment o f
State.
Question Three
Article I, section 23, Florida Constitution, provides
"E natural person has the right to be let alone and free from
governmental intrusion into the person's private life except as
otherwise provided herein. This section shah, not be construed t
limit the public right of access to public records and meetings as
provided by law."
Wherefore, w hile the Florida Constitution recognizes a right of
privacy for Florida citizens in Article 1, section 23 F lorida
Constitution, it also states that 11 t] his section shall not be
±" construed to limit the public's right of access to public xecords and
meetings as provided by law * 1x The Florida courts have dete ,i ed that
n o federal or state r± ht of privacy p revents access to public
records . [ 1l ] It is the Legislature that has balanced the private
y 4
versus public rights by creating the various exemptions from public
�4
5
k
J
disclosure w [ .2 ] Thus, in Florida, "neither a custodian of records nor
a person who is the subject of record can claim a constitutional
right of privacy as a bar to requested inspection of a public record
which is in the hands of a government agency . 113]
W hile Article I section lo�rida Constitution, a be .� licated
r p
in d etermining w hat information may be collected by the city 11 ] t o
the extent that info=ation on the city' s Facebook pace constitutes a
4
': public record within the meaning of Chapter ter , Florida Statutes,
http://Www.m 4/14/2011
A dvisory Legal Opinion - Records, unici c o page Page 6 of 1
rticle 1 section 2 3 Florida C ons t�tutlon, is not i pl, icated A
noted su pra the city may wish to post a notice on its Facebook page
regarding the Public Re cords Law.
Question Four
Section 286.01 Florida Statutes,, the Government In the Sunshine
Law, has three basic requirements
meetings of Public boards or commissions miast be opera to the
public;
2 reasonable not Ice of such meetings must be given; and
3 minutes of the meetings must be taken and promptly recorded.
The law applies to any gathering, whether formal. or casual, of two or
more members of the same board or commission to discuss some matter
on which foreseeable action w111 be taken by the public board or
commission. [ 1 The law extends to the discussions and deliberations
as well as the formal acti taken by a public board or commission,
ti with n re , ulrement that a quorum be present for a meeting of members
of a public board or commission to be subject to section 286
Florida Statutes,
Whale the Sunshine Law g enerally applies to meetings of "tiro o r mo reu
members of the same board or nwdsssion , [ 161 the Florida Supreme
Court has stated that the Sunshine Law is to be construed " o as t
frustrate all evasive devices . " [1 ] Thus, the courts and this office
have found that there are i stances , where the physical presence of
two or more m embers is not necessa In order to find the Sunshin
Law applicable. . Thus , this office has stated that members of a public
and may not use computers to conduct a private discuss among
themselves about board bussess . [ 1 ]
In Atto rney General. Op inion 08-07, this off concluded th the use
of a website blog or message board to solicit comment from other
members of the board or commission by their response o n matters that
would dome before the board would trigger the requirements of the
Sunshine L aw, As stated therein
"While there is no statutory prohibition against a city counall
mfr posting comments on a privately maintained electronic bulletin
board or bl og, . . * steers of th board or comm ission must not
engage in an exchange or discussion of matters that foreseeably will
come before the board or commission for official action The use of
such an electronic mews of posting one's comments and the inherent
availability of other participants or c ntry tors to act as liaisons
would create an env .ronm nt that could easily become a forum for
members of a board or co=ission to discuss 'flclal ,issues which
should most appropriately be conducted at a public meeting in
compliance with the Government in the Sunshine Law. It would be
- ftp: w . yflo al al. c . W ri . is r 2 Fl ' 1 2 .2 C 4/141201
.. • t a t + + l ,.. a.. .. . —. 3 . r i + + .. r t - F i . t .. t .i �� + • t + _ ... • .. .. 1 _ 3 r
Advisory Legal Opinion - Records, municipal facebook page Page 7 of 10
incumbent upon the commission members to avoid any action that could
b e construed as an attempt to evade the requirements of the law.
Such concerns would appear to be equally applicable to the issue at
hand. While theme w ould not appear to be a prohibition against a
*. board or co =lsslon menber posting cox ents on the cltyF s Facehoo
page, C1 menbe=z of the board or commission must not engage in an
exchange or discussion of matters that foreseeably will come before
I
the board or comw".sslon for official action
Accordingly, co munIcations on the city Facebook page regardi
c ity business may b e subject to Florida's Goverment in the Sunshine
Lair, section 286.011, Florida Statutes.
S incerely,
B ill M c C o llum
Attorney General
BM/tjw
State v . City off Seise, 354 So. 2d 1206, 1209 Fla. 1978) .
1 Iii. And see cps., Att Gen. Fla. 3 - 0 (1383) and 72-198 (1972)
for the proposition that a municipality' home mule power is tempered
by the basic proposition that munJcipal funds may be used only for a
unicipal Purpose. See al0a Art. VII, s. 1 , Fla. Const.
( ity prohl ited from lending or using its taxing power or
credit to aid private parties) .
] S ee,, e.g., cps. Att l y Gen. Fla. - (1988) , -8 (1986),
(1984), and - (19 8 3) (legislative determinati".on and findings as
to the purpose and the benefits accruing to the county from the
program could not be delegated to the Attorney General nor could the
Attorney General undertake to make such le find on
behalf of the county) .
[ 4] Sherin v. Zyron,r H arless . , Schaffer,, Reld and As adcla es, Xna, ,
379 So. 2d 633, 64 0 (Fla. 1980)
[53 See Op. Att l y G Fla. 08 statine, th an email created by a
public official in connection with the transaction of official
business is a public record whether it is created on a pu blicly or
privately owned computer and concluding that the posting comments
relating to city business by a city comw"Lssioner on a web page which
he maintains would be suY ect to the Public Records Law.
161 s a e r . City of Mea war er, 863 So, 2d 149, 154 l 2003) .
hUP 4/14/2011
Advisory Legal Opinion - Records, municipal face page Page 8 of 1
C 71 Cf, s , Fl St � requiring any agency as def in
s , 119, Fla. 8 tat . , or legislative entity that operates a website
{= and uses electronic stall to post the following statement In
conspicuous l ocation on its ebsite
"Under Florida law, -mail addresses are public records. If you do
not wart your e -mail address released in response to a public records
rawest, do not send el.eotronit mail to this entity Istead, contact
this office by phone or in writing."
[81 Secti 119.021(2) (b), Fla. sat. And see s . 119 (o , Fla.
stat. ,, providing that public officials rust "systematically disposell
} of records no longer needed, subject to the consent of the division
t
in accordance wi s . 257.36, Fla, s
1 I do
] The general retention schedules, 3"Moluding GS1 -SL, are available
at:
http_-_Ildlxs.dos. r schedules . `an .
11 ] See, e.g., Michel v, Douglas,, 464 So. 2d 545 (Fla, 1985) no
federal or state right of privacy prevents access to ubl is records) ;
ox-d er . Housing Authority of Miami B eac h,, 455 So. 2d 373 Fla.
1984); Shevin v. Byron, Harless, Schaffer, Reld and Asso Xnc.,
379 so. 2 633 W la. 1980) no f ederal or state disclosu al right of
privacy prevents a m ember of fie public fram seeing public records);
Mills v. D oyle, 407 so. 2d 348 '1a. 4th DCA 1981).
[ 2 ] Wa , ace v. Gunn, 687 So. 2d 1351 (Fla 3d DCA 1 997). Cf
B erke2ey v.. Eisen, 699 So. 2d 789 Fla. 4th DCA 1997) (although Art.
1 s o 23, Fla C onst . , recognizes that the righ of privacy - shall not
b e construed to limit the public's right of access to public records,
there is a statutory exemption from Florida's public records
disclosure where the Department tent of Banking and F inancing is
investigating or has concluded its investigation of a securities
customer's complaint) .
[13 ] X1 121am s r. City of Minneo. a, 575 So. 2 d 683 687 (Fla,, 5th DCA
1991), rev denied, 58 So. 2d 2 8 9 (Fla 1991), a ppeal after
rend, 619 So. 2d 983 (F la. 5th DCA 1993 w
1241 Cf Thomas v. n th, 882 So. 2d 1037 'la. 2d DCA 2004) , In
which the appellant taxpayers ha d filed a timely application for ad
valorem tax exemption, but refused to make the required disclosure o f
their social security numbers. Their application was denied based on
a
their refusal to make the required disclosure. Appellants argued that
the re aired disclosure of their social security number In order t
claim the exemption violated, among others, Art. I s. 23, Fla,
htt : vw . y.fl rich. . mi .nsfl ri t i w l F 0 01 2 7 A20 E C 4/1412011
Advisory Legal i n - Records, Mumcipal facebook page
Page 9 of 10
g at . The district court concluded that the lower court erred in
concluding that the taxpayers had no legitimate expectation of
privacy In their social security numbers; rather the court should
first have determined whether the taxpayers had a legitimate
expectation of privacy In their social security numbers without
regard to other cons derations such as the necessity to submit are
application in order to obtain the benefit of the homestead tax
exemption. The district court therefore remanded the case for further
proceedings can thA s claim.
[ 151 See, e.g., ou lh v. Stembxldge 278 So. 2d 288 (Fla. 3d DCA
1973) . And see City of M Beach v. Bexns, 245 So. 2d 38 (Fla,
1971) ; Board of ubl l c Instruction og Brovard County v. Doran, 224
So. 2d 693 (Fla, 1969) and Wolfson v. State, 344 So. 2d 611 (Fla. 2d
A 1977).
1161 Hough v. s te-mb `id e, supra. And see City of nrlse v. News and
Sun-Sentinel Company, 542 So . 2d 1 (Fla. 4tb DCA i ee * l eld
Beach Pubishngr,. Xna. v. Robb, 530 So. 2d 510 (Fla. 4th DCA 1988)
(requisite to application of the Sunshine Law-is a meeting between
two or more public officials); ; and Mitche2l v. School Board of eon
County, 335 So. 2d 354 (Fla. 1st 1' A 1976) .
[ 1 7] See,, e. . ,, Town of Palm Beach v. Gradison, 296 So. 2d 473, 477
(Fla. 1 7 lac C ord v. School Board of Orange County, 375 So. 2d
578 lay. 5th DCA 1979) .
[181 op. Attly Gen. Fla, 9- (1989) . Cesare 01-2 (2001) a one -
way -ma61 communication from one city council member to another,
when it does not result in the exchange of council members' comments
or responses on subjects requiring council action, does not
constitute a meeting subject t o the Sunshine Lamm; however, such e-
mail communications are public records and must be maintained by the
records custod,lan for public inspection and copying) .
[ 191 C o Op, Attly Gen. Fla. 07-35 (2007), concluding that members of
a commlasion may exchange documents that they wish other members of
the commission to consider on matters coming before the commission
for official action, provided there is no response from, or
interaction tion related to such documents among, the comralssloners p ±or
to the public meeting. It was noted, however, that If the
commissioners intended to exchange Individual position papers on the
same subject, this office would express the same concerns as
discussed In Attorney General Opinion 01-21. In that opinion, this
office was asked whether the preparation and distribution of
individual position statements on the sage subject by several city
council members to all other council members would constitute are
interaction or exchange by the council that would be subject to the
requirements of the Government in the Sunshine Law. This office
determined that such a practice would violate the Sunshine Law to the
ht : vwr.m ori a al. omla o.n l ri tvi 2 l4 04 1 25 A2004 .4 C 4/14/2011
Advisot Le 0 'on - Records, municipal pim
ak page Page 10 of 10
extent that any such conmunication is a response to another council
member's statement,
hUp://wwwmyflorid-aJegal.com/ago,nsf/pirintview/25Fl4F90483F3901852575A2004E46CB 41141201
Policy Governing City Use of Social Media and External
Internet
y CiA of Winter Park, FL
Policy Goveming City Use of Social Media and External Internet
1. OBJECTIVE: To provide the policy and procedures for developing applications and providin
content on external Web applications and social media platfonns In order to ensure consistency
with our City brand and content. This Policy also provides that such applications and platforms
are not traditional open public fora for expression, and wiH be regulated to insure compliance
with Florida's Public Records Act (Chapter 119, Florida States, and the appropriateness of
content. The City disclaims Ha illty for content that is posted and with regard to com utications
by personnel not acting in the course of ter public dales with authorization.
2. AUTHORITY: This procedure is ap roved by the City Commission dated October 26, 2009,
Item # 6c on the agenda,
3, I MEC'I N: Director of C mm ieations (subject to direction by the City Manager, and
acting as the designee of the City Manager),
4. FUNCTIONS
5
A. Iefmitions.
( "Web based social network services" are external Web sits or services on non -city servers.
Most social network services provide a variety of gays for users to interact, such as e-mail and
instant messaging sa services. Examples of current social network services are M S ace Facebook,
Titter and Linkedln,
(2)'%xtemal v applications" are Web fictions that are hosted on a Web server off the City's
network. For example, the City's Code is provided by a non -City Web site. These .p lical ons
can be embedded into a City Web page or wed from a City Web page. This policy focuses on
dose applications that are prom"ded for free. Current examples of these applieations are Goo le
Maps, YouTubc, and Flicker.
(3) "Content mama ers ' are the individuals responsible for
n ai tai ning the formation on a site.
B. Selection of Social Media Sites
(1) Given that social network sites vary in contest and use, the Communications epartment will
review a site before a City account is created, including:
i. Dctmn whether the site allows comments or posts to be turned off, It will be in the
discretion of the City wheffier a site or platform V611 be used in the event that the articul r
format will not allow the City to tum off the comments or posts featwe. If the City utflizes a site
or platform that will not allow flie cornets or posts to be turned off, the City preserves the right
to implement the controls set out in subparagraph C(2) hereinafter, and in all events, the City
disclaims responsibility and liability to the fullest extent allowed by law for any inappropriate
content or posting on any network site or platform.
ii. Ensuring the site provides adequate mechanims, features and allows for the Commumeatlons
Department to control content
di. a icWMg the concept, audience, and marketing plan for the site,
(2) The Communications Department working in conjunction with the Information Teebnology
Division will setup the Juan adfidni tration account for the site, using a City e-mail address.
(3) The Communications Department may establish City of Winter park accounts on social
media sites, even if the City does not currently plan to use them. This will reserve the name and
keep another person or organization from presenting themselves as the Cit of Winter Park,
C. Use of Social Media Sites
(1) Any sock media site used for City business must be approved by the Communications Department.
(2) if a social media site or any other web based platform used by the City allows for comments
to be posted by the public, the ommu catio s DepartDIent reserves the right to edit or remove
content based on the criteria listed below. The City also reserves the right to turn off the ability of
third pares to post or comment, in its discretion. The City's intent is not to create a public
foram., but to maintain a moderated online discussion directly relating to topics posted by the
City, with language that is appropriate for citizens, (including moors), to read, consistent with
the following criteria.
i. Comments not topically related to the particular article being commented upon*,
I Profane language or content;
in, Content that promotes fosters, or perpetuates dlscrm"natlo . on the basis of race, creed, color,
age, religion, gender, marital status, status with regard to public assistance, nation origLu,
physical or mental disability or sexual orientation;
i. Sexual content or links to sexual content;
v. Solicitations of commerce;
Vt. Conduct or encouragement of illegal activity;
vu. Information that may tend to compromise the safety or security of the public or public
systems; or
viii. Content that violates a copyright, trademark or other legal ownership interest of any other
party.
ix. Accusations that a particular individual is guilty of any criminal conduct or immoral amity.
Defamatory material Will not be Pennitted. tf a person believes that hero is a legitimate basis to
make a complaint against the City, any of its employees or any third party, then appropriate
altemative mean of re&q stering the complaint rust be utilized, and these social media and web
based platforms designed solely for the communication of information determined ined to be relevant
by the City will not be an appropriate forma for registering allegations of criminal activity or
other accusations against individuals.
. This use of social media and web based platforms shall be for the purpose of allowing the City
to distribute information regarding topics determined by the City. If any platform allows for
posting comments by third parties, then third party comments may be allowed by the City in its
sole discretion subject to the right of the Director of Communications to remove inappropriate
content that is determined to be inappropriate in violation of one or more of the standards
enumerated in this policy. To the extent the City permits a web based feature or social
networking facility to be utilized as a limited forte for expression, the only content that will be
permitted will be responses or postings that are relevant to the City initiated topics and
discussion, and under circumstances where such comments and postings are consistent with the
standards of appropriate communication available to all citizens (including minors) as set forth in
this policy. The follovfing Mtenment will be prominently displayed on all City involved social
networking sites lnt rnet facilities; I ORTANT NOUCE UNDER FLORIDA'S PUBLIC
RECORDS LAW: Please be aware that under Chapter 119, Florida Statutes, every response and
submission to this Site is a public record and will be posted for as long as the Site's Host will
allow for such item to remain posted. If any submission is removed by the City as allowed by
Policy for reasons such as the use of profanity or other inapprop content, please be advised
that all of such removed submissions will be stored by the City offne and will be considered a
public record available for inspection to the extent allowed by Chapter 119, Florida Statutes.
( 3) Social network sues shall be used to promote the City, City services, job opportunities and
City events.
(4) City use of social media sites will comply with all pro sions of Florida law, resolutions and
ordinances of the City of Winter Park and procedures issued by the City Manager. Without
limitation, these laws and policies will include Chapter 119 (the Florida Public Records Act) and
procedures, and laws governing the appropriate use of the Internet.
(5 All socW media sites shah clearly indicate that they arc maintained by the City of Winter
Park and shall. have City of Winter Park contact .irmtion available on the site.
(6) No City employee personal e-mail addresses should be posted on these sites.
(7) Notwithstanding any other provision hereof, the City's Web site may link to the City's
official page on a social network site, as determined m the City' discretion, soeiai networking
ing
and other web facilities that may be established pursuant to this polio will not be appropriate
places where a person may request public records pursuant to Chapter 119. Social network and
rebsite applications pvrsuant to this policy will not be monitored for Chapter 119 requests but
instead VAR only be monitored for appropriate content. The City staff responsible for
implementation of this Polio and for providing services can behalf of the City nth respect to
social network and website applications implemented pursuant to this policy, are not custodians
of public records. Any person communicating by means of a social networking or other web
facility is not in communication with a custodian of public records. Requests for public records
should be directed to the City Manager,
Social media sites and other network applications established pursuant to this policy V611 not be
1
an appropriate foram by which citizens may ask qu esfions of the City. Citizens are requested to
go to the offici d City of Winter Park website at www.cLq and .ink to the place
established on that website for asking questions of the City. Questions that may be posed on a
social media site established pursuant to this policy may not receive an answer because the site
will not be monitored for this , wpose.
D . External web Applications
( 1) The Communications DepaAment wM review an external web application based on its
purpose, audience and need.
( 2 ) The Communications Department will submit external web applications to Information
Technology Division's review, to ensue It is compatible to the City's network envlrot rent and browsers.
( 3) T Communications Deparlment will setup an administrative account with a City email address.
E . Content
( 1) "P in this section refers to employees posting official city business information.
( 2) The Communications Department � review all C ity posted information prior to posting on
social media or web application sites.
4•
(3) The Communications Department may disable f nctlons on the site or applications that are
not needed or desired in the sole discretion of the City. No rights are created in any third party
with respect to how the City nay ti i` the applications and features on social media or web
application sites, and the decisions on wNch features to maintain or disable will be in the sole
discretion of the City. Similarly, the decision on whether to allow posting or responses by third
parties and the deletion of any such responses or postings shall be ire. the sole discretion of the
City and outside parties do not have any authority or right to control content o r the icnngth of time
content may be posted.
(4) The Con nunlcations Department may delegate the responsibility of reviewing content to
offices or departments. when a site is maintained by an office or department, information posted
on the site will be reviewed prior to being released, in accordance wiffi the department" s or
office's nomal review process,
( 5 ) All information posted by the City on external sites is subject to the Florida Public Records
Act and the Sunshine law. Content managers for the site shall maintain an ucMve of all
information posted to the sit in the extent it camot be retrieved from the actual site itself, City
elected officials and members of all subsidiary'boards, agencies and committees of the City of
Winter Park shall not engage in on -line discussions concerning matters which may forseeably
cone before them or City Commission or other Board or Committee action. All members o
collegial bodies, agencies and committees of the City of winter Park, including the City
Commission, the Planning and Zoning Commission, Ethics Committee and other committees and
agencies of the City, are subject to the public Records Act and the Sunshine later. Members o
such committees are encouraged to consult with the City Manager and the City Attorney if they
have any questions concerning appropriate compliance with these laws. The Attorney General. in
AGO 200 9-19 (dated April 23, Zoo opined that these types of websites and social media are
subject to the Sunshine lair as well as to the Public Records Act. Accordingly, elected of ieiWs
and members of all advisory, elected and appointed boards, authorities and commissions of the
City of Winter Part are encouraged to refrain from I , any comment on a social media or
external Internet facility on the web related to a natter of public business that may be pending
before the colle &nal body of which the person is a member or any matter that may reasonably be
understood to potentially come up before such body or authority in the future, because of the
substantial risk that other members of the same collegial body or authority may be online and
may inadvertently respond to such conumeation, thereby establisbin a `beefing "' outside of
the requirements of the Sunshine law,
( 6 ) The Communications Department will review all applications and social media sites on a
yearly basis to ensure they are updated and, for social media sites, that information is being
posted on a rear basis.
( 7) To the fillet extent possible, the City Manager and other personnel responsible for
development and mWntenance of the Records Retention Schedule of the City of Winter park will
develop cate Fr *es of record retention that wffl pest the disposal of transitory electronic
connueatins received from third parties on such social media and external website facilities
that am subject to this Polley on the shortest time frame reasonably allowable. Official materials
posted by the City of Winter park or authored personnel will be scheduled for disposal on the
records retentlon schedule i accordance with the content of such items. Officials and employees
of the City are reminded that the use of personal computers and other electronic communication
devices such as A's, Blackbeffies and other sin filar deices for communication or posting of
matters related to public business of the City of Winter park may subject such devices to
inspwfion pursuant to a Chapter 119 request for public records (although to the extent lawfully
permitted xmder then applicable Iaw, including case law interpreting Chapter 119, personal
con nu cations and personal information are not subject to Chapter 119)*
(8) On each social media and external Internet site established by the City, the City shall cause
a - notice to be published that infonns third pies that any posting or information submitted by the
third party wfll be a public record subject to Chapter 119, Florida. Statutes, and advising third
' parties that the City reserves the right to suspend posting of information by outside parties and to
remove inappropriate material that is deemed inappropriate because it is in violation of
i standard set out in this policy.
5. FORMS:
None.
.REFERENCES:
This procedure adopted by the City Commission, Item 6c, dated October 2, 2009.
7. TIVDATE: October 26 2009b
chv of Cocoa
Social Media POR
cv
A. Pu rpose.
The City desires to reach and communicate with a broader audience to der the
goals of the City and the nfissions of its departments, where appropriate.
The City has an interest and expectation i deciding what is `�spo e ' on behalf of
the City on social media sites. This Policy establishes guidelines for the use of social
media and is intended to apply to social media sites including, but not limited to,
aceboo , Twitter, Linked1n, and other S=" "lar websites, blogging and other intemet-
based media sites.
Authorization Reguire
All City social media sites shall require approval by the city m=ger or the city
manager's designee before a city account may be created. Such approval shall be
based on whether such site fin-thers the City's purposes as set forth in Paragraphs A
and C of this P olicy.
� �e site.
C. C
The City's website oa. � remain 1he Cit mary and
� predo�� i�.tenet presence.
The best, most appropriate City uses of social media tools fall generally into two
categories:
L As charnels f or disseminating tile- sensitive infortnatio . as q uickly
as passible (example: emergency �nfonnation ).
ii.
As marketing romotlonal channels which increase the City's
` ability to broadcast its messages to the widest andenee pos
w-
4 D, Set"Up of City Social Media Websites.
1. The Merger of IT or the Manager's designee `IT" shall set up the City's
mam administration account f or the authorized social media site using a City
email address.
2# IT shall ensnare that content posted to Cit social med sites will also be
a on the City's w ebsite, to the fullest extent possible.
IT shall ensure that content posted by the City to its social media sites
contains links d irecting users back to the City's webslte for in -depth
information, forms, documents or online services necessary to conduct
City of Cocoa
Social Media Policy
Page I of
business with the City, to the molest Went possible.
I The Department I iret r s hall review and approve content that is intended
to be posted to any City social media site and deternfine whether such content
is appropriate for posting on such so i� al media site. Employees may not post
comments t a City social media site without prior authorization ftom their
Department Director.
T sh determine w the social media site allows the City to tern off
the comments or posts featare. If mch feature cannot be tumed off, the City
reserves the right to (1) reject the social media site for use by the City; or 2
terminate the use of any previously approved City social media site at any
tie; or edit or remove inappropriate content as set forth paragraph -2
o f this Policy.
4 . The following statement shall be prominently displayed on all City social
media websites:
IMPORTANT NOTICE UNDER RJI A" S PUBLIC RECORDS LAW:
s Please be aware that under Chapter ].1 , Florida Statutes, every response and
submission to this website i a public re or � may be posted fog long
as the wehsite admini allows f or such item to remain posted. If any
ubinission is removed by the City as allowed by any Cit policy, please be
1
advised that all of such removed submissions will be stored by the City
ofne and will be considered a public record available for inspection to the
' extent mowed by Chapter 1 19 . Florida. Statutes. Requests for public records
may not be made aria this site but must be directed to the City Clerk.
Use of gly Social Media Websites .
1, No employee may access a City social media site for the purpose of posing
any content to such site without the prior written approval of their
D epartment hector. Employees desiring to access City social media sites
shall read and sign the Employee Agreement for Use of Social Media form
ffonn") and submit the foam to IT before the employee is allowed access.
copy of the Form shall be maintained in the employee's personnel file.
2. I a City social media site allows comments or posts by third parties, the City
may terminate the City social media site at any tine. If th e City desires to
contin the use of the social media site, the Ci� reserves the sight to edit or
remove any inappropriate content posted to the site. The City also preserves
the right to turn off the ability of third parties to post or comment, in its
discretion. The City does not intend to create a public foram, but to maintain
a Torun related to topics posted by the City, with language appropriate for its
citizens (including minors). Inappropriate content includes;
i.
Comments not related to a topic posted by the City;
ii Profane language or content;
Cit of Cocos
Social Media Policy
Page
AID 6
Content that promotes, fosters or perpetuates diserlmiatlon on the
basis o race, creed, co age, religion, gender, marital status, status
with regard to public assistance, national on ni, physical or raental
disability or sexual Orientation;
IV, Sexual content or li nks to sexual content;
V. Solicitations of commerce;
vi. Conduct or encouragement of illegal activity;
vii. �onnation that may tend to compromise the safety or security of the
p ublic;
viii. Content that violates a copyright, trademark or other legal own rsM
interest;
ix. Accusations of immoral or illegal conduct,
The City disclaims responsibility and liability to the fullest extent allowed by
law for any inappropriate contest or posting on any network or website.
Employees may not remove their name or domain information from postings
on a City social media site nor access a City social media site anonymously
t o conceal their identity.
4 . Employees may not post a personal email address to any City social media
site.
5 . All information posted on City social media saes is subject to Florida law,
in cluding but not limited to the Florida Public Records Act and the Sunshine
law, and is s bj ect to city resolutions, ordinances, and policies.
L City elected officials and members of all city boards, agencies and
committees shall not engage online discussions co .ceming maters
w hich may foreseeably cone before them for City Council or other
board or committee action.
ii. The city clerk shall develop and maintain records retention schedules
for information posted to City social media sites.
P , Use of Non-Citv SoeW Media Sites.
1. Employees of the City are prohibited from "'speaking" on behalf of the City
and from identifying themselves as representatives of the City on non -City
social media sites, except for a valid City pose as authorized M the
discretion of the city mana or the city manager's designee in Ming, A.
example of such valid City pose may include online discussion between
employees of the City and other govemmental entities regarding a subject
City of Cocoa
Social Media Policy
Page 3 o
auecting the City, If the city manager or the city managees designee
authorizes representation ofthe City on a non -City social media website, the
employee so authorized shall.
1. Read, sign, aid return to IT the Employee Agreement for Use of
Social Media form prior to acces SU19 the social media site for such
purpose; an
III 4
Be prohibited f om posting inappropriate content as set forth
Z
Paragraph E-2 of this Policy.
2, The City disclaims responsibility and liability to the fullest extent allowed by
law for an inappropriate content or posting on an network or w site.
y y
:f
4 . Employees are p rohibited from accessing personal social media sites on Cit
computers and electronic systems.
w
GI Violations of Social Media elite.
Any employee who vioWes Us po .ey is subject to suspension or termination
employment with the City,
City Of Cc
Sodw Media Policy
Page 4 of
5
f
s
,• ,rwt w t , r3t• r a t r #+. a.-v + a+ a. \+
C of Orlando i
5
city of O rlando Social Media Guide
t�
.. U of S ocia l Melia Si tes
a If a social media site used by the City allows for comments to
b e posted by the public and that feature cannot be turned off,
the office of o muni lions and Neighborhood borhood Relations t
reserves the right to edit or remove content based on the
criterla listen below* The City's latent ils not to create a public
f �
forum, but to maintain a maderabed online discussion' directly
relating to tDpIcs posted by the City that Is appropriabe for
citl ens that are over age 13 and up to read.
-
Comments not topically related to the particular art le
'
being commented upon;
P rofane - language or content;
*
• Content that pro rote , fosters, or perpetuates
.,
di scrimi nati on on the basis of race, creed, col a ge,
.
religion, gender, marital status, status with regard to
p ublic assistance, national or igin, phyacal or mental
disability or sexual orientation;
}
Sexual content or links to sexual con bent.,
• S of commerce;
+'
Conduct or encouragement of illegal activity,
• Information ation that may tend to compromise the safety or
secur of the p or public systems, o rt
'.
Content that violates a Co pyright, trademark or other legal
..I 1
ownershi Interest of any other p a rty
' s `
Disparaging personal remarks or acrlmony Wwa rds
{ F
another person a
t
Campaign Wbrma f mm a candidate fob` elected oft
+
or WbrTn ltlion related to a candidate's p ersonal campaign
;S
b Social netwo sites s hall be used to promote the Litt', City
.,r
service j opportunities an d City events.
r
�
F y �� y f
c City use of soda] media sites will comply with City ■ oliy
a
P 800,5 Ethics, and 8 08.1% Participatlon I Poll cal
0i paigns■
d All soul media sites shall clearly Indicate that they are
a µ
mai ntained by the City of rlan an shall have City of Orl
contact Information ava ilable on th site as well a s the City "s
social medl disclalmer o
,
e No City employee p ersonal e-mail addresses shou b e pDsted
F. J zr
on these sites!
I * s
r
Any social medi site used for City business must be approved
b y the Oft of o munlcattons and N e ighborhood R e la tions
,a.
a
R+
and i elghb rhood Relations.
y
' y
•' F
f #
�+ f
t I �
a t
w