HomeMy WebLinkAboutR-11237 amending the Council Policies and Procedure ManualR 11237
RESOLUTION NO. 11237 (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING ITS COUNCIL POLICIES AND
PROCEDURE MANUAL
WHEREAS, the City Council has adopted a certain manual entitled “Council Policies and
Procedures” to define and ensure the proper conduct of the City’s business by the City Council
and in compliance with State law and the City’s Charter and Ordinances; and
WHEREAS, the Council periodically revises its Council Policies and Procedures Manual
to ensure clarity, consistency with State law, and conformity with the City Charter and Ordinances.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Section 1.2.7 of Council Policies and Procedures Manual ORDER OF
BUSINESS shall be amended as follows:
1.2.7.1 Call to Order
1.2.7.2 Roll Call
1.2.7.3 Pledge of Allegiance
1.2.7.4 Closed Session Report (if any)
1.2.7.4 City Manager’s Report
1.2.7.5 Presentations
1.2.7.6 Public Comment
1.2.7.7 Consent Agenda
1.2.7.8 Public Hearings and Business Items
1.2.7.9 Liaison Reports and Communications
SECTION 2. Section 4.5 Council Policies and Procedures Manual (ELECTRONIC MAIL
(EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT) is amended to read as
follows:
4.5 ELECTRONIC MAIL (EMAIL), SOCIAL MEDIA POLICY AND THE PUBLIC
RECORDS ACT AND THE BROWN ACT
4.5.1 City Email.
City email is no less a part of “official city business” than any other written correspondence,
and there is no expectation of privacy for City email messages. Good judgment and
common sense should therefore prevail at all times regarding its appropriate use. For
further detail, please see the City’s “Electronic Mail Policy” and Chapter 5 of this manual.
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City email is subject to disclosure under the Public Records Act and is subject to the
requirements of the Brown Act. While the Brown Act does not prohibit the use of email to
make individual contacts between members of the Council, or the public or staff, great care
should be taken to avoid the use of email to contact a majority of the Council, either
individually or serially, “in a connected plan to engage in collective deliberation on public
business.”
4.5.2 Private Social Media and Digital Communications.
The City does not provide or support individual social media accounts for councilmembers.
Councilmembers that maintain personal social and other digital media accounts should be
aware that, similar to City email or any other written or recorded communication related to
the official conduct of city business, digital communications, social media posts and
messages by public officials regarding matters that are before the City for action or within
City jurisdiction can be “official city business” subject to laws and policies regarding
freedom of speech, records retention and production, and public transparency. Those laws
and policies include, but are not necessarily limited to, the California and United States
Constitution, the California Public Records Act, the Ralph M. Brown Act, and the City’s
records retention regulations.
It is the intent of this policy to ensure that councilmembers are aware that digital and social
media communications regarding public business that are conducted using private
networks, accounts or devices may be subject to the same laws as other records of public
business and that mishandling of such communications in violation of applicable laws may
subject to councilmembers and the city to liability under applicable laws and may result in
censure of a violating councilmember. This policy is intended to establish parameters for
the management of public, private and political digital and social media accounts in
compliance with applicable laws and in a manner that avoids the potential for public
confusion regarding public, private and campaign related digital and social media activities
of councilmembers.
A councilmember or mayor participating in digital or social media communications shall
maintain and clearly delineate between separate accounts for official, and personal or
campaign statements, taking precaution not to convey personal or campaign
communications in a manner that suggests such communications represent the position of
the City or the City Council as a whole. To avoid ambiguity, all statements, headings,
profile pictures, or biographies on personal or campaign accounts shall not be made in the
name of the position to which the councilmember or mayor was elected, shall clearly reflect
that content on such accounts does not represent the official positions of the City or the
City Council, and shall not display the City logo or any other official City mark or title.
There is no California law requiring public officials to use only government accounts to
conduct public business, but there should be no expectation of privacy if personal accounts
are used to conduct public business.
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Statements on official sites and accounts shall contain only official City positions, policies,
or announcements, and all contents and messages communicated on such accounts are
subject to the California Public Records Act. If a councilmember receives an electronic
communication regarding city business on a personal account, they should copy that
information to their official city account for transparency and ease of access for public
records requests.
Digital records relating to public business are required to be in a manner capable of
maintaining the record for the applicable retention period, including through the use of
highlights, bins, or archives for temporary and disappearing stories, reels, posts, or
otherwise. Likewise, public officials should avoid deleting comments or blocking
individuals on official pages or sites they maintain. In the event that a councilmember
deletes or removes content or blocks a user for threatening, harassing, or discriminatory
content that the councilmember believes constitutes an imminent threat or violation of
harassment or discrimination laws, a copy of the deleted or removed content shall be saved
or retained consistent with city records retention policies and this policy. Social media
content should be treated the same as any written document and retained in accordance
with the City retention schedules or the minimum two-year period required under
California Government Code.
4.5.3 Social Media and Brown Act Compliance.
To avoid any violations of the Brown Act, consistent with the update provided by AB 992,
councilmembers are permitted to use a social media platform to engage in conversations
or communications on matters within the subject matter jurisdiction of the Council: (a) to
answer questions; (b) to provide information to the public, and (c) to solicit information
from the public. However, a majority of councilmembers may not use social media to
“discuss among themselves” official business. AB 992 broadly defines the meaning of
“discuss among themselves” to include any “communications made, posted, or shared on
an internet-based social media platform between members of a legislative body, including
comments or use of digital icons that express reactions to communications made by other
members of the legislative body.” AB 992 prohibits a councilmember from communicating
directly with the social media of any other member on a subject within the jurisdiction of
the Council.
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This social media guidance applies to all internet based social media platforms that are
“open and accessible to the public,” including, but not limited to, blogs, podcasts, Snapchat,
Instagram, Facebook, Twitter, Nextdoor, and Reddit.
Upon motion of Council Member Pease, seconded by Council Member Marx, and on the
following roll call vote:
AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 6th day of April 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk