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416 Social Media Policy

Table of Contents: Chapter 4

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416 SOCIAL MEDIA POLICY

416 Social Media Policy 12-12-2019

416.1 PURPOSE

The purpose of this policy is to detail the rules for the use of social media at the City and provide guidance for officials, officers, employees, and contractors to permit those performing work on behalf of the City to take full advantage of social media while at the same time protecting the City and its officers and employees by mitigating risk. This policy is not intended to limit the right to freedom of speech or expression, but is intended to protect the rights of this organization, its members, and the public. Employees and agents are advised that their speech, directly or by means of instant technology either on or off duty and in the course of their official duties that has a connection to their professional duties and responsibilities, may not be protected speech under the First Amendment. Speech that impairs or impedes the performance of the City, undermines discipline and harmony among co-workers, or negatively affects the public perception of the City may subject the employee to discipline, including termination.

416.2 APPLICATION

This policy applies to all City officers, employees, and agents when working with social media tools on behalf of the City, and applies to an officer’s, employee’s and agent’s use of personal social media sites but only as addressed in this policy. The Parks and Recreation Department shall emulate the application of this policy and the Administrator of Parks and Recreation shall be responsible for all aspects of the application and enforcement of this policy for the Parks and Recreation Department.

416.3 DEFINITIONS

Agents means all City representatives, including its employees and other agents of the City, such as independent contractors, and anyone acting on behalf of or in the name of the City. City Social Media Sites/Accounts means those pages, sections, or posting locations in social media established, managed or maintained by an employee or officer of the City authorized to do so as part of the employee’s or officer’s duties and that are used to communicate with the public on City business.

Content means any posts, writings, material, documents, photographs, graphics, or other information that is created, posted, distributed, or transmitted via social media.

Non-Official/Personal Use means day-to-day use of social media by agents or officers, not related to official duties.

Officers means all City appointed officials including all members of boards, committees and agencies of the City.

Official Use means using social media on behalf of the City and as authorized by the City.

Social Media means any internet and mobile-based application, website, or function, other than email, for sharing and discussing information, where users can post photos, video, comments, or links to other information to create content on any topic. This may be referred to as “user-generated content” or “consumer-generated media.” Social media includes, but is not limited to:

• Social networking sites such as but not limited to Facebook, LinkedIn, Nextdoor, Twitter, and online dating services/mobile apps. • Personal websites or blogs. • Social news sites such as Reddit and Buzzfeed. • Video and photo sharing sites such as YouTube, Instagram, SnapChat, and Flickr. • Wikis, or shared encyclopedias such as Wikipedia. • An ever-emerging list of new web-based platforms generally regarded as social media or having many of the same functions as those listed above.

Social Media Site/Account means any site or account established on social media.

Social Media Administrator means the City Manager or the employee designated by the City Manager to maintain oversight of specific and identified City social media sites.

416.4 ADMINISTRATIVE ROLES AND RESPONSIBILITIES

416.4.1 The City Manager may designate a person to act as Social Media Administrator and until a person has been designated, the City Manager acts as the City’s Social Media Administrator.

416.4.2 The Social Media Administrator is responsible for developing and administering the City’s social media sites/accounts and the use of those sites and must:

  1. Develop and administer the City’s presence on a social media site that is the City’s official social media site/account. City employees and departments are encouraged to contribute content and ideas to the social media site by contacting the Social Media Administrator;
  2. Review all requests to establish additional department and board/commission-specific City social media sites and approve or deny such requests. The Social Media Administrator(s) must review social media sites or tools that have already been established to ensure that they are in compliance with this policy;
  3. Ensure the City social media sites are regularly maintained and kept current, and remove or deactivate social media sites that are dormant or no longer being used;
  4. Review information posted to the City social media sites to ensure the content is appropriate, professional, and consistent with the City’s policies and the purpose for which the site exists. The Social Media Administrator should establish a schedule for the regular review of each site; and
  5. Communicate regularly with the City Clerk to insure that the site complies with any applicable public records laws.

The Social Media Administrator is the coordinating authority for reviewing and monitoring any approved City social media sites.

416.4.3 City employees and officers are responsible for ensuring that all use and contributions to City social media sites adhere to the standards of conduct and requirements as outlined in this policy, and that their personal use adheres to the standards of conduct as regulated by this policy. Any employee, agent, or official authorized to edit, post or alter content of a City social media site must agree in writing to comply with this Policy before editing, posting or altering content on a City social media site.

416.5 PUBLIC RECORDS AND OPEN MEETINGS

The Missouri public records and open meetings laws may apply to use of social media by individual members of the City Council and other City committees, boards, and commissions, and may prohibit the officer from participating in postings or discussion threads on social media sites whether created and maintained by the Council, committee, board or commission of which they are a member or otherwise. Any use of social media sites shall not serve as a replacement for postings and notifications required by law except under and as allowed by those laws.

416.6 STANDARDS AND BEST PRACTICES OF CITY SOCIAL MEDIA SITES

416.6.1 The Social Media Administrator shall develop and provide detailed best practices guidance for the City social media sites, accounts and platforms, including required notices and disclaimers. The following general standards apply to all City social media sites, accounts and platforms including but not limited to departmental, committee, board, agency, or committee sites.

416.6.2 Unless otherwise specifically noted, when the City establishes a City social media site/account, it does so to communicate to the public, to inform and relay official City content.

416.6.3 When the City social media site has not been opened as a public forum or where the City social media site has been opened as a limited public forum, the Social Media Administrator is authorized to edit and remove unauthorized comments posted on City social media sites that violate this Policy as provided in this Policy.

416.6.4 Required Disclosures All City social media sites must include a clear statement of the intent, purpose, and subject matter of a site, as well as a statement clearly articulating whether the site accepts comments and if so any restrictions that might affect the limited nature of the forum. The site should prominently disclose that all content and comments posted to the site are subject to public disclosure laws. Any other disclaimer or notice should be clearly posted on City social media sites. All disclaimers and notices must be approved in writing by the City Attorney’s Office before the social media site is used.

416.6.5 Archiving Content The City will archive content in accordance with the current Missouri Secretary of State records retention schedules. Any content that is removed may also be considered “public records” and will be archived as required by law to the extent possible using then current reasonable options.

416.6.6 City Department and Board/Commission Social Media Sites If a City department, board, or commission has or would like to create a social media site or account, such entity shall notify and work with the Social Media Administrator to ensure such site and account comply with this Policy. All department specific sites and accounts will read “City of Lee’s Summit, Department/Board/Commission Name”, contain the department contact information, and contain a link to the department’s website. The content of each department’s social media site/account shall be the sole responsibility of the department producing and using the social media site/account.

416.6.7 Links Subject to binding agreements expressly including the provision of marketing and/or advertising opportunities, links placed on City social media sites must not endorse or appear to endorse a business or commercial entity. Links should be used to provide informational and educational material, such as linking the City’s website, a City-owned website, a state, federal or local government site, an educational web site (.edu), or an organization with an official partnership or supportive business relationship with a City department or program, such as IMLA at www.imla.org.

416.6.8 Employee Requirements for the City’s Social Media Sites.

416.6.9 No employee shall create an account on behalf of the City, unless the employee has first received written approval from the Social Media Administrator. Employees that create or maintain City social media sites must use their City issued email accounts, unless authorized by the Social Media Administrator in writing, and conduct municipal social media operations in a manner that is cybersecurity prudent and more password secure. All site/account information, including passwords, and any future changes to such information, must be provided to the Social Media Administrator at the time the site/account is created and such information may not be changed without prior written approval from the Social Media Administrator and, if approved, the new information will be provided to the Social Media Administrator. By operating social media platforms using only City emails, the City’s IT Department is able to better control accounts in the event that a rapid change must be made.

416.6.10 Social Media Administrators and employees authorized as part of their official duties to post information, make comments, and send messages to the public on a department, board, or commission’s social media site must set up the account using the City department’s name (or similar account requiring a user to creates a business account in the user’s name) to facilitate transparency in communications. Accounts established under this provision are City owned accounts and belong to the City.

416.6.11 There is no reasonable expectation of privacy associated with the administration of a City social media site or an account established under this Policy. All social media interaction involving a City social media site or account may be subject to relevant records retention and open records statutes.

416.6.12 Upon employee termination, retirement, or other form of separation from the City or change in job duties, account ownership remains the City’s and the employee must take all necessary steps to protect the City’s interest in the site or account.

416.6.13 Employees using City social media sites, whether as an administrator or as a responder to a posting, must follow these guidelines:

a. Comply with the City’s (i) Website Purpose and Quality Policy; (ii) Web Content and Administration Procedure; (iii) Website Linking Policy; and (iv) Graphic Brand Standards b. Unless posting or responding as the site administrator, Employees must be clear about his/her role in regards to the subject and the extent of the Employee’s authority to speak for the City. c. Write and post about his/her area of expertise, especially as related to the City and daily assignment(s). When writing about a topic for which an Employee is not the City's expert, make this clear to readers. d. Keep postings factual and accurate. If a mistake is made, admit to it and post a correction as soon as possible. e. Reply to comments in a timely manner, when a response is appropriate. When disagreeing with others' opinions or providing comments, be sure that the comments are meaningful, respectful and relevant to the topic. f. When referencing content available on the City website, posts on social media shall include links to the main City website, links may appear in different forms such as shortened URL’s. Authors should use language that will drive traffic to the website when referring to links and not duplicate content from the main City website. g. Ensure comments do not violate the City's privacy, confidentiality and applicable legal guidelines for external communication. Never comment on anything related to legal matters, litigation, or any parties with whom the City may be in litigation without the specific approval of the City Attorney’s Office. h. Do not express personal opinions or positions regarding policies, programs or practices of other public agencies, political organizations, private companies or non-profit groups as it may suggest the City’s support or endorsement. This includes sharing posts and linking to a candidates or company’s online content. See Website Linking Policy for details.

416.6.14 Prohibits Comments of City Social Media Sites/Accounts

Comments, including those from the public, on City social media sites/accounts which contain any of the following shall not be allowed and may be edited or deleted as necessary by site moderators:

  • Profane language or content
  • 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, national origin, physical or mental disability or sexual orientation
  • Sexual content or links to sexual content
  • Solicitations of commerce
  • Conduct 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
  • Confidential Information
  • Content that is harassing of another person

An egregious violation or repeated violations of this Section, could result in the violator being blocked and prohibited from commenting on City social media sites/accounts.

416.6.15 Intellectual Property Rights and Confidential Information. Information that is proprietary, copyrighted or any other intellectual property, attorney-client privileged, or information subject to state or federal privacy laws, and information not subject to disclosure under the Missouri public records laws (“confidential information”) must not be posted on City social media sites. Any questions concerning this standard should be directed to the City Attorney’s Office. An owner of copyrighted material or other intellectual property who believes the owner’s rights are infringed must promptly notify the Social Media Administrator. The Social Media Administrator must take appropriate action upon notification.

416.6.16 Security and Privacy. Applications (such as streaming video, music, photos, and subscriptions to RSS feeds) that may be useful to a City social media site’s mission can cause clutter and security risks. All applications must be approved by the ITS department in writing before installation. An application may only be used if it serves a City purpose and add to the user experience, and only if it comes from a trusted source and has gone through the approval process outlined in this policy. An application may be removed at any time without notice if it causes a security risk, or contains or is suspected of containing a virus. Where social media sites are hosted by third parties, they are governed by those parties’ privacy policies. Additionally, the City social media sites are governed by the City’s privacy policy and state laws.

416.6.17 Data Ownership And Copyright Policy on City Social Media Sites/Accounts The City retains the rights to all text, photographs, graphics of any kind, and other Content found on City social media sites that was produced by the City. All social media communications or messages composed, sent, or received on City equipment, including City owned or paid for cell phones, in an official capacity are the property of the City. The City maintains the sole property rights to any image, video, or audio captured while a City employee is representing the City in any capacity even if disseminated over City social media sites whether the dissemination is authorized or unauthorized unless a release of those property rights has been specifically granted.

416.6.18 Use of City Seal or Logo. Where permitted by the social media platform, City social media will use logos, colors, fonts, and graphics consistent with the City of Lee’s Summit branding and the main City website. Any use of the City seal or logo is prohibited without the express written permission of the City.

416.6.19 Third-Party Copyright or Other Intellectual Property Interest Content that violates a legal ownership interest of any party or copyright or other intellectual property should not be posted or submitted in any form without written permission of the holder of those rights. Any person redistributing information subject to a third party copyright or other intellectual property via the City social media sites must adhere to the terms and conditions of the third party intellectual property or copyright holder and upon request of the holder of the copyright or owner of other intellectual property may be removed from the site.

416.6.20 Media Contacts Only employees authorized to speak on behalf of the City may communicate with the media on the City's behalf. Employees should direct all media inquiries for official City responses to Creative Services.

416.7 RECORDS RETENTION, PUBLIC RECORDS AND OPEN MEETINGS

416.7.1 Records Retention. The City Clerk must ensure that City social media sites meet the requirements of law regarding record retention, disposal and retention schedules. Departments maintaining City social media sites or using social media tools must preserve records as required by law for the required retention period in a format that preserves the integrity of the original record and is easily accessible. Further, the Social Media Administrator and employees may only destroy, transfer, or otherwise dispose of records in accordance with records disposition schedules.

416.7.2 Open Records. State law governs whether content in City social media sites, including a list of subscribers and posted communications, is a public record. Content must be maintained in an accessible format so that it can be produced in response to a request. Difficulty in accessing the information does not excuse compliance. City social media sites must offer notice to users that their use of City social media sites may be subject to public information requests and that their identifying information and posts to City social media sites, to the extent required by law, must be disclosed. An employee who removes, deletes or hides redacts Content from social media must properly archive the content to prevent destruction a potential public record.

416.7.3 Open Meetings and Public Business. State law governs whether communications must be discussed in an open meeting or create constitutes a meeting. Communications about public business may come under the Missouri Open Meetings laws. Employees and members of the City Council, and any City board, committee, commission or agency must comply with state law and must not use City social media sites to discuss matters that can only be discussed in an open meeting under the state law regulating Open Meetings. A member of a public body such as a board member who “likes,” comments, shares, tweets, or otherwise engages in another board member’s content on social media may be communicating City business and the state law may apply.

416.8 EMPLOYEE OBLIGATIONS AND RESTRICTIONS IN PERSONAL USE OF SOCIAL MEDIA 

Nothing in this Policy is intended to limit or restrict an employee’s First Amendment rights. As a City employee, personal statements or opinions must clearly identify as personal so they are not attributable to, or implied to be on behalf of or authorized by, the City.

416.8.1 Account Information. Personal or business venture social media account names must not be tied in any way to the City. For example, “City of LS Attorney” or “LS Deputy” would not be an appropriate personal account name. Employees must not use their City email account or password in conjunction with a personal social networking site.

416.8.2 Comments and Disclaimers. If commenting on City business, employees must use a disclaimer, which establishes that their comments represent their own opinions and do not represent those of the City. Employees must not attribute personal statements or opinions to the City when engaging in private blogging or postings on social media sites. If, through their identification or posts, there is any confusion as to whether their statements might be attributable to the City, the employee must clarify that the posts are the employee’s own and not those of the City. Where confusion or doubt is likely to arise regarding the personal nature of social media activities, an employee is must include a disclaimer clarifying that the social media communications reflect only the employee’s personal views and do not necessarily represent the views of the City or the employee’s department or board or agency, as applicable. A clear and conspicuous disclaimer will usually be sufficient to dispel any confusion that may arise.

416.8.3 Use of Non-Public Information: Employees must not use non-public information to further their own private interest (gain or loss) or that of another, whether by engaging in financial transactions using such information, through advice or recommendation, or through unauthorized disclosure. Further, employees shall not make intentional, or careless or unintentional disclosures of non-public information, unless the disclosure is authorized by law. Unauthorized disclosures can include, but are not limited to, the unauthorized dissemination of confidential, proprietary or privileged information.

416.8.4 Misuse of Position. Employees shall not use their public office for private gain, for the endorsement of any product, service, or enterprise, or for the private gain of friends, relatives, or other acquaintances. Also, employees shall not use or permit the use of their Government position or title or any authority associated with their public office in a manner that is intended to coerce or induce another person to provide any benefit, financial or otherwise, to themselves or to friends, relatives, or persons with whom the employees are affiliated in a nongovernmental capacity. Employees shall not use their Government position or title in a manner that could reasonably be construed to imply that the Government endorses or sanctions their personal activities or those of another.

416.8.5 Personal Use of Social Media. The City respects its employees’ rights to post and maintain personal websites, blogs and social media pages and to use and enjoy social media on their own personal devices during non-work hours. The City requires employees to act in a prudent manner with regard to website and internet postings that reference the City, its personnel, its operation, or its property. The following guidelines apply to personal communications using various forms of social media:

a. The City expects its employees to be truthful, courteous, and respectful toward officials, supervisors, co-workers, citizens, customers, and other persons or entities associated with or doing business with the City. When a person can be identified as a City employee, the employee must not engage in name-calling or personal attacks or other such demeaning behavior that could adversely affect their duties or workplace for the City. This Section and its limitations apply when the action of the employee adversely affects the employee’s work, job duties or ability to function in the Employee’s position or creates a hostile work environment.

b. If an employee uses the employee’s personal social media account for City business in any manner, the employee’s agrees to work with the Social Media Administrator to archive the postings in accordance with the Missouri Open Records laws

c. Employees and agents and others affiliated with the City may neither (i) use a City brand, logo or other City identifiers on their personal sites, nor (ii) post information that purports to be the position of the City unless authorized by federal, state or local law or the specific terms of an applicable Collective Bargaining Agreement.

d. Employees and agents are discouraged from identifying themselves as City employees or officers when responding to or commenting on blogs with personal opinions or views. If a person chooses to identify him or herself as a City employee or officer, and posts a statement on a matter related to City business, a disclaimer similar to the following must be used: “These are my own opinions and do not represent those of the City of Lee’s Summit.”

e. If a person contacts an employee via the employee’s personal social media account regarding City business (e.g. an issue with the person’s water), the employee may provide information to resolve the person’s concern and the employee shall redirect the person to the appropriate City sites, phone numbers, and other contacts established to address the person’s needs.

f. Employees may not use social media while on work time, unless it is work related as authorized by their manager or consistent with policies that cover City-owned equipment. When employees are on duty, they must use their official time in an honest effort to perform official duties, and use government property only to perform official duties, unless they are authorized to use government property for other purposes. Employees should also ensure that they do not violate the City’s ownership interests in any content posted by the employee.

g. There may be times when personal use of social media (even if it is off-duty or using the employees’ own equipment) may affect or impact the workplace and become the basis for employee coaching or discipline. Examples of situations where this might occur include but are not limited to:

  • Friendships, dating, or romance between co-workers
  • Cyber-bullying, stalking, discrimination, or harassment
  • Release of confidential or private data
  • Unlawful activities
  • Misuse of City-owned social media
  • Inappropriate use of the City’s name, logo or the employee’s position or title
  • Using City-owned equipment or City-time for extensive personal social media use
  • Violation of law, whether federal, state, local or a City policy.

h. Each situation will be evaluated on a case-by-case basis. Employees are encouraged to discuss types of activities that might result in discipline with their supervisor, or the Human Resources Department.

i. Employees must treat fellow employees with respect and fairness. Pursuant to the City’s Anti-Harassment Policy, the City prohibits harassing conduct of any kind in the workplace or in any work-related situation at any other location during or outside normal duty hours. The City also prohibits retaliation against an employee who alleges harassment, as already defined above, or who assists in any inquiry related to allegations of harassment. Postings that include unlawful discriminatory remarks, harassment, and threats of violence or other unlawful conduct will not be tolerated and may subject an employee to disciplinary action up to and including termination. Ultimately, the employee is solely responsible for what he/she communicates on social media. The employee may be personally responsible for any litigation that may arise should he/she make unlawful defamatory, slanderous, or libelous statements against any customer, manager, owner, or employee of the City.

416.9 VIOLATIONS

416.9.1 Reporting Violations Any employee becoming aware of or having knowledge of a posting or of any website or webpage in violation of this policy may anonymously report possible violations to his/her supervisor or the Human Resources Director.

416.9.2 Policy Violations by Employees Violations of this policy are considered misconduct and may result in discipline up to and including indefinite suspension or termination as authorized or permitted by law or policy.

416.10 RETALIATION AND EMPLOYEE RIGHTS

Retaliation or any other negative action is prohibited against an employee who, based on a reasonable belief, reports a possible deviation from this policy or cooperates in an investigation. Any employee who retaliates against another employee for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination. Nothing in this policy is designed to interfere with, restrain, or prevent employee communications regarding wages, hours, or other terms and conditions of employment, or to restrain employees in exercising any other right protected by law. Employees have the right to engage in or refrain from such activities.

416.11 VOLUNTEERS

The City recognizes the value of volunteers to the City and to the public. When an employee is working with a volunteer(s), the provisions set forth in this policy shall serve as a code of conduct for the volunteers and the employee shall make volunteers aware of this policy. Nothing in this policy is intended to or shall have the effect of limiting a volunteer’s First Amendment rights, and the City recognizes that it does not control the speech of volunteers. Rather, the City request volunteers to comply with these standards when acting, or appearing to act, on behalf of the City.

416.12 SEVERABILITY AND SAVINGS 

If any part or provision of this policy or the application to any person or circumstance is held invalid or unconstitutional, such declaration shall not affect the other parts or provisions or application of the policy which can be given effect without the invalid or unconstitutional part or provision or application.