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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. Resolution No. 11237 (2021 Series) Page 2 R 11237 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. Resolution No. 11237 (2021 Series) Page 3 R 11237 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. Resolution No. 11237 (2021 Series) Page 4 R 11237 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