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AD-33 City Social Media Policy(2024-09-26)CITY OF MENIFEE Administrative Policy Policy Number: AD-33 Approving Authority: City Manager Subject CITY SOCIAL MEDIA POLICY Effective Date: Last Modified: N/A PURPOSE The City uses Social Media to provide content to community members about City business and services in a manner which encourages a high level of public confidence in a responsive and transparent government. The City has an interest in determining what messages are delivered and what information is exchanged regarding the City through the use of Social Media. This Policy establishes a consistent, streamlined approach to City Social Media use by Authorized Users. All Authorized Users must adhere to this Policy when using Social Media on behalf of the City. Nothing in this Policy shall be applied to prohibit or infringe upon any speech or expression that is protected or privileged under law. DEFINITIONS Authorized User: all City employees and contractors authorized by the City Manager or appointed designee to use Social Media on behalf of the City. City: the City of Menifee, California. Comment: a response provided as an answer or reaction to a post or a message on Social Media. Content: any materials, documents, photographs, videos, graphics, and other information that is created, posted, distributed, or transmitted using social media. Social Media: media designed to disseminate content (information, images, audio, and video) organizations to construct a profile and create and share content with others. Examples of Social Media include, but are not limited to: Video-sharing sites (e.g. YouTube) Blogs (websites/webpages containing an online journal with commentary, descriptions and opinions, e.g. Tumblr) Photo-sharing sites (e.g. Flicker) Podcasting (digital audio files e.g. Spotify) Social networks groups professional and social (e.g. LinkedIn) Microblogging and short messaging (e.g. Twitter) Wikis (websites allowing for collaborative editing of content by users, e.g. Wikipedia) Content sharing sites (e.g. Facebook, Instagram) Online discussion groups (e.g. Reddit) 10/02/2023 City of Menifee Policy AD-33 Page 2 CITY SOCIAL MEDIA POLICY Terms of Use: the terms of use attached as hereto and incorporated herein by this reference. AUTHORITY, ADMINISTRATION designees for administration are, for City Social Media, the Public Information and Legislative Affairs Officer, and for Menifee Police Department Social Media, the Chief of Police. The City Manager or designee is responsible for the overall management of City Social Media, including administration of this Policy Social Media complies with this Policy and applicable law. The City Manager or designee shall monitor City Social Media use for adherence to this Policy. The City Manager or designees rights and responsibilities include, but are not limited to: Designating Authorized Users and determining the appropriate level of user access and authorization for such Authorized User; Maintaining a list of approved City Social Media Accounts, users, access levels, and log-in credentials; Resetting account passwords at frequency determined by the IT department; described in the City of Menifee Strategic Plan; Coordinating with the IT department to provide and enforce cyber-security and related direction for Authorized Users; Evaluating all Content that is published on City Social Media for adherence to this Policy and consistency with the interests and goals of the City; Requiring revision or removal of Content on City Social Media where required by applicable law. Notwithstanding the foregoing, Authorized Users are separately and independently responsible for compliance with this Policy. The City Manager or designee may address violations of this Policy in a manner complying with applicable law, including but not limited to revoking authorization for an Authorized User, requiring the closure of a particular City Social Media account or site, discipline, or termination. Authorized Users shall comply with all direction of the City Manager or appropriate designee. ESTABLISHING AND USING CITY SOCIAL MEDIA Compliance with Law and City Policies The use of Social Media for City purposes raises legal issues that are unique to local government and generally do not affect private persons or entities. Therefore, all City use of Social Media shall be in accordance with this Policy and all applicable local, state, and federal laws, as well as all other applicable City policies and procedures, including the City branding/graphic guide. Use of City Social Media on behalf of the City is part of work performed in the scope of employment. Accordingly, non-exempt employees shall only perform work, including using City Social Media as an Authorized User. City of Menifee Policy AD-33 Page 3 CITY SOCIAL MEDIA POLICY Approval Required to Establish Account All City Social Media accounts or sites must be approved in advance by the City Manager, or designee. City departments that wish to establish a presence on social media must submit a request to the City Manager or designee. The request will be reviewed by the City Manager or designee to ensure compliance with all terms of use for any social media site or service. Upon approval, the City Manager shall authorize the appropriate Authorized User to administer the account or site. Account Use City Social Media account or site names shall be established using the City's name as a leading identifier. City Social Media shall use the email pio@cityofmenifee.us or other City-based email as appropriate, and shall not use any personal e-mails or phone numbers for setup. No portion of any City Social Media shall contain a personal e-mail address or any other personal information of an Authorized User or any other person, except the name of the employee whose job duties include being available for contact by the public via a City e-mail account. The design, set up, use, and maintenance, of City Social Media shall be consistent with the branding guidelines and graphic standards, and the following general guidelines: bsite means of internet communication. Content posted on City Social Media shall be official website or domains. forms, documents, online services, and other information necessary to conduct business with the City. All City Social Media user or profile names are to be listed on the City of Menifee website to assist the public in identifying official City social media presences. All City Social Media accounts or sites shall state the following in an obvious part of the account or site: All City of Menifee Social Media Media Policy. All content posted on City of Menifee Social Media is subject to the :www.cityofmenifee.us/socialmediapolicy. The City of Menifee does not endorse any content posted on City of Menifee social media not posted by an official City of Menifee account. City Social Media shall bear the name and official logo of the City or the appropriate City department. The City must either own the copyright to or have a valid license (written permission) to use the Content, including images, videos, sound records, etc., posted to City Social Media by Authorized Users. Authorized Users shall not post images of persons other than the Authorized User without the consent of those persons, which may be in the form of (1) a signed release, (2) signage at an event indicating that images may be posted online, or (3) other written document evidencing consent. Notwithstanding the foregoing, consent is not required for images of public events or taken inside public buildings or spaces. City of Menifee Policy AD-33 Page 4 CITY SOCIAL MEDIA POLICY City Social Media accounts may only or interact with other Social Media accounts or pages which are (a) other public entities, (b) government officials acting in an official, non-campaign capacity, (c) City of Menifee Community Partners, and (d) other Social Media accounts approved in writing by the City Manager or designee. The City reserves the right to alter or terminate any City Social Media site or account at any time, in a manner compliant with applicable law. Authorized Users shall comply with direction of the City Manager or designee regarding alteration of any Content or City Social Media site or account. City Social Media 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 by any person other than an Authorized User. City Social Media shall be administered in a professional matter which accurately reflects the position of the City. City Social Media should foster relevant, honest, civil, and productive discussions and encourage productive engagement on matters of City business. Authorized Users shall use City Social Media in a manner appropriate to be viewed by all members of the public, including children and shall avoid the use of profanity, personal attacks, bullying, or incorrect information wherever possible, provided however that the Terms of Use shall apply to persons other than Authorized Users acting in that capacity. Authorized Users shall moderate City Social Media in a manner consistent with the Terms of Use, and may only remove or modify Content posted by third parties, or block accounts when permitted by the Terms of Use and applicable law. Privacy settings for any City Social Media must configure privacy settings to be as open as possible. All City Social Media shall enable all accessibility features available and those required by the American Disabilities Act and California law to make Content as accessible as possible. All Content posted on City Social Media which relates to City business may be a public record and may be subject to the California Public Records Act. All City Social Media accounts shall be registered through ArchiveSocial which maintains records in near-real time. Registration with ArchiveSocial shall be required as a condition to setting up a City Social Media page or account. Persons requesting access to public records should be directed to the City Clerk for submission of a California Public Records Act request, and such requests should not be processed through City Social Media. Content City use of Social Media is a means of City communication, and is not an avenue for personal or private expression of Authorized Users. Authorized Users shall therefore refrain from posting Content which violates this Policy and any applicable law. Authorized Users therefore may not post any of the following in their role as an Authorized User: Actual or perceived threats to public health, safety or property or emergency situations (unless the person authorized to post content represents police or fire); Personal information except for the names of those employees whose job duties include being available for contact by the public; City of Menifee Policy AD-33 Page 5 CITY SOCIAL MEDIA POLICY Actual or potential legal claims, lawsuits, or other legal issues; Personnel matters; Budget planning and priorities; Crime investigations and content about a crime scene; Opinions on City issues or any other issue; Content involving tobacco, drugs, alcohol, profanity, obscenity, illegal activities, or pornography other than approved public health awareness and safety messaging; Political issues, including opinions about elected officials or candidates for elected office and issues appearing on an election ballot; What a council member might think about an issue or speculation about a potential decision they might make; Advertising of any kind, unless City-sponsored; Promotion of religious beliefs or philosophies; Content that is illegal under federal, state, or local laws; Content that is defamatory or indecent; Content that has already been disseminated by the City to the public, unless approved for publication by the Authorized User by the City Manager or designee; Content that discredits or disparages the City, its employees, or officials; or Any other Content as determined by the City Manager to violate this Policy. The City Manager or designee may require the modification, supplement, or revision to any Content posted by an Authorized User, in a manner compliant with applicable law. Authorized Users shall follow all City Manager or designee direction regarding the same. At times, an Authorized User may post Content that includes the name, image, likeness, and/or voice of a member of the public. If a member of the public requests that specific post be removed because of being included in it, then an Authorized User must remove the Content containing the member of the public to the furthest extent possible, which may include removing an entire post or may include removing and then re-posting a shortened video. The Authorized User shall also follow-up with the member of the public who made the request to inform them of the resolution. USING SOCIAL MEDIA IN A PERSONAL CAPACITY City employees and contractors, including Authorized Users, may use Social Media in a personal, non-employment capacity in any way that person desires. Employees and contractors acting in a personal capacity are alerted that there may be restrictions on the distribution of non-public information gained in the scope of employment with the City, or any other information confidential or privileged to the City. City employees and contractors are notified that falsely claiming to be communicating on behalf of the City, or using a City title or position for promotion or advertising purposes, may violate the law or other City policies and be grounds for legal or disciplinary action by the City. In light of the foregoing, it is recommended that City employees and contractors refrain from using City resources when using Social Media in a personal capacity. It is further recommended, but not required, that if a City employee or contractor desires to comment on City Social Media, that that employee state their role with the City where relevant, and use a disclaimer clarifying that the Content posted by that person reflects their personal view. City of Menifee Policy AD-33 Page 6 CITY SOCIAL MEDIA POLICY MODIFICATIONS The City reserves the right to change, modify, or otherwise amend all or part of this Policy at any time. RELATED POLICIES City Social Media for Public Officials (CC-04) Internet Use and Computer Resource Use Policy (Ad-04) REVISION HISTORY Revision No. Date Approved Approved By: Comments 0 Original Policy ____________________________________ _____________________ Armando G. Villa, City Manager Date CITY OF MENIFEE Administrative Policy Policy Number: AD-33 Approving Authority: City Manager Subject CITY SOCIAL MEDIA POLICY Effective Date: Last Modified: N/A Terms of Use PURPOSE These Terms of Use govern all Content posted on and interactions with City Social Media by all persons not acting in an official City capacity. website, located at www.cityofmenifee.us. City Social Media should be used for informational purposes only and should not be relied upon for accuracy. City Social Media is not monitored on consistent hours and should not be used to seek services from the City, including emergency services which should be requested by calling 9-1-1. DEFINITIONS City: the City of Menifee, California. Comment: a response provided as an answer or reaction to a post or a message on Social Media. Content: any materials, documents, photographs, videos, graphics, and other information that is created, posted, distributed, or transmitted using Social Media. Social Media: media designed to disseminate content (information, images, audio, and video) organizations to construct a profile and create and share content with others. Examples of social media include, but are not limited to: Video-sharing sites (e.g. YouTube) Blogs (websites/webpages containing an online journal with commentary, descriptions and opinions, e.g. Tumblr) Photo-sharing sites (e.g. Flicker) Podcasting (digital audio files e.g. Spotify) Social networks groups professional and social (e.g. LinkedIn) Microblogging and short messaging (e.g. Twitter) Wikis (websites allowing for collaborative editing of content by users, e.g. Wikipedia) Content sharing sites (e.g. Facebook, Instagram) Online discussion groups (e.g. Reddit) . Terms of Use: these terms of use. City of Menifee Policy AD-33 Page 2 CITY SOCIAL MEDIA POLICY LIMITED PUBLIC FORUM Social Media is to share content about City news and services. The City does not intend to use social media as the primary public forum for the resolution of City issues, which should continue to be addressed with the appropriate City body or department. City Social Media is a limited public forum pursuant to case law implementing the First and Fourteenth Amendments of the United States Constitution, and is intended to relate solely to matters of City business. City Social Media is not a general public forum. COMMENT POLICY Content posted by a member of the public on City Social Media or sent to a City Social Media Account is the opinion of the commentator or poster only, and the posting of a comment does not imply endorsement of, or agreement by, the City or any of its employees or public officials. The City neither guarantees the authenticity, accuracy, appropriateness nor security of external links, websites, or content linked thereto. Any content posted to City Social Media, including direct messages sent to a City Social Media account is a matter of public record. The City may or may not respond to any Content posted or sent to City Social Media accounts and pages. The City may hide or delete Content which violates these Terms of Use and applicable law, including: Content not topically related to the matter of City business implicated by the original City post; Content containing threats of violence or unlawful activity; Content containing obscenity, which is defined as sexually explicit and/or pornographic content that is patently offensive, appeals to prurient interest, and lacks serious literary, artistic, political, or scientific value; Content that directly promote or advocate that we illegally discriminate based on race, age, religion, gender, national origin, disability, sexual orientation, veteran status, or any other legally protected class; Content containing links to actual or suspected malware and/or malicious content that affects the normal functioning of a computer system, server, or browser; Content containing actual defamation or libel against a person, either as determined by a court or comments that are patently defamatory by easily discovered facts; Content that contain images or other content that violate the intellectual property or copyright rights of someone else, if the owner of that property notifies the City that the property was posted in a comment on our social media account(s); Content which any applicable law permits or requires the City to remove; Content that solicits or promotes commercial services or products. Notwithstanding the foregoing, the City is not required to remove, hide, or otherwise moderate any Content posted on City Social Media, and disclaims any and all responsibility and liability for Content posted on City Social Media by third parties. City of Menifee Policy AD-33 Page 3 CITY SOCIAL MEDIA POLICY Prior to removal or hiding of any Content, the City may retain or archive a copy or electronic records retention policy, along with a brief description of the reason the specific Content was deleted. In the event the City determines to hide or delete Content, the City shall use reasonable efforts to contact the party who posted the Content and notify them of the reason for the action, and the right to an appeal. If the City determines that a user has violated these Terms of Use (and received notification of such violations) three (3) or more times during a rolling twelve (12) month period and the City Social Media will Social Media, the City may block or ban the user from the Social Media account or page where the violation occurred. In the event the City determines to block a user, the City shall use reasonable efforts to contact the party who posted the Content and notify them of the reason for the action, and the right to an appeal. APPEAL If the City hides or deletes a comment, or blocks a user, the user may appeal the decision by emailing the Public Information and Legislative Affairs Officer at pio@cityofmenifee.us within five The Public Information and Legislative Affairs Officer or appeal. Actions successfully appealed will be revoked to the extent possible on the applicable Social Media network. The user will receive a notification on the status of an appeal within thirty (30) days, and again when a final determination by the City has been made.