HomeMy WebLinkAboutCity of Palm Desert Social Media Policy 61920241
CITY OF PALM DESERT
SOCIAL MEDIA POLICY
I. PURPOSE
The City of Palm Desert (“City”) utilizes social media platforms as an essential
communication tool to share information about the City's mission, events, news,
and services. Social media serves as a rapid means of information dissemination,
offering an opportunity for direct interaction with the communities we serve. This
Social Media Policy (“Policy”) establishes guidelines for the use of Social Media
Sites by the City as a means to disseminate information regarding the City’s
mission, meetings, activities, events, and current issues to members of the general
public. The City Social Media Accounts shall be used solely for matters of agency
business. This Policy is intended to govern the use of all City Social Media
Accounts regardless of whether the Social Media Site(s) is (are) accessed from
City computers, computers outside the City, or mobile devices.
The City has an overriding interest and expectation in protecting the int egrity of the
information and content posted on or through City Social Media Accounts, as well
as the Postings that are attributed to the City, its employees, volunteers, officials,
and contractors/consultants on City Social Media Accounts.
II. APPLICABILITY
This Policy shall govern the use of City Social Media Accounts by all City
employees (regardless of whether full-time or hourly/part-time), elected and
appointed officials, volunteers, or any third-party consultant, contractor, agent, or
representative conducting business on behalf of the City of Palm Desert. All such
persons shall be provided with a copy of this Policy and be directed to familiarize
themselves with it.
This Policy is applicable to all forms of communication on Social Media Sites,
including, but not limited to, all posts or other pictures, videos, audio, third-party
applications on social networks, content published in blogs, chat rooms, or new
services, and any other media that transacts or conducts City business on social
networks.
III. DEFINITIONS
“City Handle” means any username, user identification, or user page established
and maintained by the City on a Social Media Site.
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“City Social Media Account(s)” means all Postings under a City Handle over
which the City has control of the content, information, articles, pictures, videos, or
other form of communication posted or published, except for advertisements or
hyperlinks provided by the Social Media Site’s owners, vendors, or partners.
“Post(s)” or “Posting(s)” means all content, information, articles, pictures, videos,
or any other form of communication shared, posted, or published on a Social Media
Site.
“Social Media Site(s)” means an electronic communication platform using
accessible, expandable, and upgradable publishing technologies through and on
the Internet (such as websites for social networking and microblogging), by which
registered users engage in community-based input, interaction, content-sharing,
and collaboration. Examples of Social Media Sites include, but are not limited to,
Facebook, Twitter, Instagram, NextDoor, YouTube, and LinkedIn.
IV. OFFICIAL SITES
The following are the official City of Palm Desert Social Media Sites:
• Facebook (municipal): facebook.com/CityofPalmDesert/
• Facebook (Library): facebook.com/profile.php?id=61559259695883
• Twitter/X (municipal): twitter.com/palmdesert.gov
• Twitter/X (tourism): twitter.com/VisitPalmDesert
• Instagram (municipal): instagram.com/cityofpalmdesert/
• Instagram (Library): instagram.com/palmdesertlibrary/
• Instagram (tourism): instagram.com/discoverpalmdesert/
• LinkedIn: linkedin.com/company/city-of-palm-desert
• YouTube (municipal content): youtube.com/palmdesertcalifornia
• YouTube (City Council meetings only): youtube.com/palmdesertmeetings
• NextDoor: nextdoor.com/agency-detail/ca/palm-desert/city-of-palm-desert
• TikTok (tourism): tiktok.com/@discoverpalmdesert
• Engage Palm Desert (City engagement website): engagepalmdesert.com
Scheduled and time-sensitive updates are shared through these platforms, with
links directing users to the official City of Palm Desert websites. These official City
websites include:
• www.palmdesert.gov
• www.engagepalmdesert.com, and
• www.discoverpalmdesert.com
These links provide more detailed information, forms, documents, or online
services. City websites remain the primary source of comprehensive information
for the community.
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City staff from the Public Affairs Division, acting as the designated Authorized User
by the Palm Desert City Manager, is responsible for overseeing the design,
implementation, and management of our social media sites.
V. POLICY
The City Social Media Accounts shall supplement, and not replace, the City’s
official website (palmdesert.gov), which shall remain the City’s primary source for
online communication. To the extent possible, the City’s Posts on Social Medi a
Sites shall link back to the City’s official website for forms, documents, online
services, and other information necessary to conduct business with and/or in the
City. However, in no event shall any Posting on any City Social Media Account
page or Post be used in lieu of providing the City’s required notices and standard
methods of communication.
The City’s Posts on Social Media Sites shall entail communications directed to
provide information to the members of the public regarding the City and
neighboring communities, subject to the provisions of this Policy. By facilitating
such communication, however, the City does not intend to create a public forum or
a designated public forum on any City Social Media Account page, Post, or
comment. Accordingly, the City establishes its Social Media Account pages, Posts,
and comments as non-public forums.
A. Authorized Use of Social Media Sites
1. All City Social Media Accounts shall adhere to applicable Federal, State,
and local laws, as well as City policies and regulations.
2. The establishment and use of any City Social Media Account is subject
to approval by the City Manager or his/her designee. Upon approval,
City Social Media Accounts shall clearly state that they are sponsored
by the City and bear the name and/or official logo of the City. Wherever
applicable, the City Social Media Account shall be classified and
registered with the Social Media Site service provider as “Official” and/or
governmental entity status.
3. The City Manager or his/her designee will maintain a list of the City’s
Social Media sites, including authorized users, login and password
information.
4. The City Manager or his/her designee is responsible for (a) determining
who is authorized to use and/or Post to any City Social Media Account
on behalf of the City (the “Authorized User(s)”) and (b) assigning staff
to update and keep information current on City Social Media Accounts
and to respond to inquiries, as needed.
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5. Only the Authorized User(s) shall have permission to create or publish
any content or Post, including in the form of a comment, on behalf of the
City on any City Social Media Account.
6. Authorized Users shall be provided a copy of this Social Media Policy
and are required to acknowledge their understanding and accep tance
by signing and dating the last page of this document, returning the
original copy to the Human Resources Department, and retaining a copy
for their records. Authorized Users shall conduct themselves at all times
as professional representatives of the City and in accordance with this
Policy and all City policies. Failure to do so may result in disciplinary
action, up to and including termination. If findings warrant, such
disciplinary action will be initiated in accordance with all relevant
provisions of the City’s personnel rules and regulations.
7. Authorized Users shall not express personal views or concerns through
any City Social Media Account.
8. The City shall use best efforts to obtain a photo release/consent form or
verbal consent if a photo release/consent form is impracticable in
instances where an individual (not including City staff) can be identified
and is the primary focus of a specific photograph in a non -public space.
Notwithstanding the above, a photo release/consent form shall be
required in the following circumstances:
i. An individual who is the primary focus of a photograph taken in a
non-public space is recognizable;
ii. An individual has been recruited specifically to serve as a
subject/model for a photograph(s);
iii. The photograph depicts minors, except where the photograph is
taken at a public event, including, but not limited to, concerts in
the park or public meetings. Either a signed release from a
minor’s parent or guardian or verbal permission from the minor’s
parent or guardian is a permissible form of obtaining consent from
a minor or
iv. Upon receipt of verbal consent for the use of a photo, the
requesting City employee shall promptly document in writing that
verbal consent was given. The employee shall document verbal
consent at or near the same time as it is given. This may be done
using any available means, including in an email to a city email
account. For example, an email may state, “Mr. Smith verbally
consented to use a photo of his son, Tim Smith, on the City’s
Parks & Recreation Facebook page.”
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9. Authorized Users may respond to comments or Posts through a City
Social Media Account to the extent that such content relates to City
business purposes. Postings from the public which ask fact-specific
questions, or are a request for detailed information, may be directed to
the relevant department head at the City for appropriate response.
However, if the comment or question posed violates the City’s Social
Media Policy or any applicable law, the comment shall be removed
consistent with the provisions of this Policy.
10. No communications made with the City through any City Social Media
Account shall be deemed to constitute public comment or legal notice to
the City or any of its agencies, officers, employees, agents, or
representatives where notice to the City is required by any Federal,
State, or local law, rule, or regulation. Any such comment or notice shall
be submitted to the City as ordinarily prescribed and not through a City
Social Media Account.
11. Any and all activities on behalf of the City on any City Social Media
Account must comply with all of the following:
i. Directly pertain to the City and/or City business;
ii. Contain only content that is freely available to the public, and that
is not made confidential by any policy of the City or by local, state,
or federal law. Examples of prohibited content include, but are not
limited to, actual or potential legal claims, lawsuits or other legal
issues, personnel matters, crime investigations or content about
crime scenes, or emergency situations (unless the Authorized
User is expressly authorized to share emergency related
information);
iii. Not include content that is contrary or detrimental to the City’s
mission, values, image, and interests;
iv. Not express any Authorized User’s own personal views or
opinions;
v. Not contain any personal information, except for the names of
employees whose job duties include being available for contact
by the public and
vi. Not contain any content prohibited by Section V.B.4 of this Policy.
vii. All content, such as photographs and videos, may only be posted
on City Social Media Site(s) with the permission of the original
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owner. Reporting or “sharing” third-party material via an article
link or reference to the original text or material does not require a
release when the original content is not actually reproduced.
12. All Authorized Users are hereby informed that using personal devices to
access City Social Media Accounts or private social media networks to
conduct City-related business could result in a loss of privacy.
13. The City reserves the right to terminate any City Social Media Account
at any time without notice.
14. The City may link to third-party sites, links, or material. Users of City
Social Media Sites access third-party sites, links, or material at that
user’s own risk.
B. Content Management
1. The City is committed to serving the online community in a civil and
unbiased manner.
2. All comments or postings related to the City’s Social Media Accounts will
be subject to monitoring by the City Manager and/or his/her designee(s).
3. Any content by a member of the public sent to, published, or posted on
or through any City Social Media Account, including without limitation a
Post or a response to any City Post or comment, is the opinion of the
commenter or poster alone, does not imply endorsement of or
agreement by the City, and the City disclaims liability for any such
content.
4. Content Guidelines. Any content by an Authorized User or by a member
of the public sent to, published, or posted on or through any City Social
Media Account shall not contain any of the following (the “Content
Guidelines”):
i. Comments that are not topically and directly related to the
particular Posting being commented upon;
ii. Comments in support of, or opposition to, political campaigns,
candidates, or ballot measures;
iii. Profane or obscene language or content;
iv. Content that promotes, fosters, or perpetuates discrimination on
the basis of race, creed, color, age, religion, gender, marital
status, or status with regard to public assistance, national origin,
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physical or mental disability or sexual orientation, as well as any
other category protected by federal, state, or local laws;
v. Sexual content or links to sexual content;
vi. Solicitations of commerce or other advertisement of commercial
services, entities, or products;
vii. Conduct or encouragement of illegal activity;
viii. Information that may tend to compromise the safety or security of
the public or public systems;
ix. Content that violates a legal ownership interest, such as a
copyright, of any other party;
x. Defamatory statements; or
xi. Threats of violence or injury to any person, property, or
organization.
5. The City reserves the right to remove or hide any content that is deemed
by the City to be in violation of this Social Media Policy or any other
applicable law. Any City employee, volunteer, or official who finds
content on or through a City Social Media Account that is potentially
inappropriate or inconsistent with this Policy will notify the City Manager
or the City Manager’s designee, who will consult with the City’s legal
counsel to ensure compliance with this Policy. The City disclaims any
and all responsibility and liability for any materials in violation of this
Policy or other applicable law that cannot be removed in an expeditious
and otherwise timely manner.
6. For all City Social Media Accounts, the City shall post the following
disclaimer on the respective City Social Media Account page: “The City
of Palm Desert reserves the right to restrict or remove any postings or
comments that violate the City’s Social Media Policy, which can be found
on the City’s website.”
7. Any content removed based on this Policy must be retained by the City
for two (2) years and will include the time, date, and identity (including
username or screenname) of the poster, when available.
8. City Social Media Account pages may contain content over which the
City has no control, including but not limited to advertisements or
hyperlinks. The City does not endorse any hyperlink or advertisement
on or through a City Social Media Account by the Social Media Site’s
owners, vendors, or partners.
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9. The City may block specific users, but only to the extent that such users’
comments are determined by the City to repeatedly violate this policy,
or for purposes of posting spam or soliciting commerce. Additionally, a
user may only be blocked when the user’s posts are so frequent that the
City is unable to devote sufficient resources to monitoring and removing
posts by that user. In no event shall a user be blocked for expression of
an unpopular opinion or providing a contrary opinion or point of view.
Whenever possible, rather than block a user, the City will automatically
hide comments based on keywords which would violate the Content
Guidelines. A user may only be blocked when the user’s posts are so
frequent that the City is unable to devote sufficient resources to
monitoring and hiding/removing posts by that user.
C. Public Records Act
1. The City’s Social Media Policy shall be displayed to users through the
City’s Social Media Account or made available on the City’s website.
2. All City Social Media Accounts are subject to the California Public
Records Act (“PRA”). Any and all content maintained on or related to a
City Social Media Account, including but not limited to a list of
subscribers, posted communication and content, communication
submitted for posting, and private messages, may be considered a
public record subject to public disclosure.
3. All Authorized Users, City employees, volunteers, and officials,
members of the public, and other third parties engaging in City business
are hereby made aware of the following:
i. Public Record Requests on City Social Networks and Personal
Devices: According to the PRA, posts or other related content
produced by or on behalf of the City that are created for or
published to or on any City Social Media Account, whether such
records are created, produced or maintained on a City computer
or personal electronic device of the person posting on behalf of
the City, may be the subject of a public record request pursuant
to the PRA. Accordingly, personal devices used for City-related
business associated with City Social Media Accounts may be
subject to review for disclosable public records.
ii. Custodian of Public Records on Work and Personal Devices:
Authorized Users or other persons creating or posting content
through or to City Social Media Accounts on behalf of the City are
hereby advised that their respective personal devices if used for
work-related activities associated with City Social Media
Accounts, may be subject to review for such content in the event
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of a PRA request, discovery request in a lawsuit, or internal
investigation. Therefore, such persons may be considered a
custodian of public records or other records and legally obligated
to search their personal devices for records and produce such
records to the City in accordance with the requirements of the
PRA.
D. Ralph M. Brown Act
1. The Ralph M. Brown Act (“Brown Act”) requires that a quorum of a
legislative body must deliberate and take action on public business
openly and in accordance with strict procedural requirements. Content
and/or comments made by a City official on a Social Media Site relating
to City business is subject to the requirements of the Brown Act.
Members of the City Council, Commissions, and standing committees
should refrain from discussing, deliberating, or expressing opinions —
including “liking,” “sharing,” or “retweeting” any published Postings on
Social Media Sites, which may be interpreted as expressing an opinion
and could lead to an inadvertent “serial meeting”—on any issue(s) within
the subject matter jurisdiction of the City on any Social Media Site.
Private Social Media Sites or pages are also subject to Brown Act
requirements. As such, City Officials should avoid discussing,
deliberating, or expressing opinions on any City-related issue on private
Social Media Sites or pages with any other City official of the same
legislative body.
E. Elected Officials and Appointed Boards, Commissions, and Committees Using
Personal or Professional Social Media Platforms
1. While elected officials and City Council-appointed board, committee,
and commission members may maintain and use personal web pages
and websites, blogs, and social networking sites, their status as
elected/appointed officials requires that the content of any postings on
those sites not be in violation of existing City by-laws, policies, directives,
rules or regulations. Although the City acknowledges its officials have
the First Amendment right to free speech, the right is not absolute when
involving matters of official City business, issues, or concerns.
2. If an elected or appointed official conducts any City business or
communication as an official from a personal account, professional
account, or an account created for a board/committee/commission/
council, including without limitation from any such account associated
with a Social Media Site, officials should assume that such
communications, comments, or other Postings will be subject to both the
PRA and the Brown Act.
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3. To make a clear distinction between the Social Media Site accounts of
(i) the City, (ii) a public official, (iii) a campaign, and (iv) a private
individual (including a public official in his/her private capacity), it is
recommended that, among other things, all accounts are appropriately
titled. For example, the preferred title for a personal account woul d be
“Jane/John Doe,” instead of “Jane/John Doe, Chair of Public Agency.”
Where possible, public accounts on behalf of the City or public official
would also be registered with the Social Media Site provider as “Official”;
in that same vein, personal or campaign social media accounts should
avoid being designated as “official” or official “governmental” pages.
4. Professional and Personal Conduct Standards:
i. Officials should be honest and accurate when posting information
or news and should quickly correct any mistakes, misstatements,
and/or factual errors in content upon discovery. Officials shall not
post or share information known to be false about the City, its
employees, constituents, other public officials, suppliers,
vendors, or contractors.
ii. Unless the official has been designated to serve as a
spokesperson, officials should never expressly or impliedly
represent themselves as a spokesperson for the City Council, a
City board or committee, the City Administration, or any City
department.
iii. Officials are expressly prohibited from using personal or
professional Social Media Sites to engage in any activity or
conduct that violates federal, state, or local law or any City rule or
regulation. Officials are also prohibited from using professional
social media accounts to circumvent election or campaign
requirements, to campaign for re-election or endorse other
candidates for public office.
iv. To avoid violating the PRA or the First Amendment, officials are
prohibited from deleting posts and related comments on any
Social Media Site account controlled or maintained by the public
official regarding any City-related matters before consulting with
the City Manager and City Attorney. The official must maintain all
deleted content for a reasonable time.
v. Under California case law, Posts and private messages related
to public business in personal accounts may be subject to the
PRA. As such, officials are encouraged to conduct any and all
public agency business through official agency accounts.
Officials shall forward to all City-related customer comments,
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complaints, or inquiries received on personal accounts to the
City; the City shall thereafter retain such records in accordance
with the City’s retention policy. If a public official receives
comments, Posts, or comments on his/her personal account
related to City business, the public official should direct the
commenter to the City’s website and/or official accounts.
vi. Officials are prohibited from using City employees to operate
and/or manage any campaign or personal account(s).
vii. Officials should be mindful that posting or responding to content
regarding City-related matters could result, even inadvertently, in
the violation of the Brown Act. City officials shall comply with the
Provisions of Section V.D of this Policy for all of his/her activity
related to City business on any Social Media Site.
viii. Officials are prohibited from using Social Media Sites to engage
in any activity that constitutes a conflict of interest.
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City of Palm Desert
ACKNOWLEDGEMENT OF RECEIPT AND
UNDERSTANDING OF THE POLICY
I, _____________________________, acknowledge that I have read the Social Media
Policy. In addition, I acknowledge that the City of Palm Desert Social Media Policy
(“Policy”) was written in a clear and understandable manner. I further acknowledge that
any question that I had on this Social Media Policy was put in writing to the appropriate
City official within ten (10) working days of my receipt of this Policy, that I was given a
reasonable opportunity to clarify any questions about the guidelines and risks stated in
this Policy, and that I have received satisfactory answers to all questions I have posed.
Therefore, based on the City of Palm Desert’s reasonable efforts to clearly and effectively
announce the foreseeable risks of using social media for work-related content on City
issued equipment or personal devices of an employee or other person conducting
business with the City, I agree that any claims I may have related to the City’s Policy
would lack merit in an administrative or legal case.
______________________________ ___________________
Authorized User’s Signature Date