Attachment 7 - Gilroy Social Media Use PolicySocial Media Use Policy
City of Gilroy
Adopted on February 28, 2022
Attachment 7
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Table of Contents
1 Definitions ............................................................................................................................... 3
2 Purpose and Scope.................................................................................................................. 5
3 Official Social Media Sites ....................................................................................................... 7
3.1 Creation of Social Media Sites .......................................................................................... 7
3.2 Governance of Official Social Media Sites........................................................................ 7
3.3 Responding to Posts, Comments, and Messages ........................................................... 10
3.4 Public Terms of Use ........................................................................................................ 10
3.5 Public Records Retention ............................................................................................... 11
4 Council, Commission, Committee, and Board Use of Social Media ..................................... 12
4.1 Creation of Social Media Sites ........................................................................................ 12
4.2 City Officials’ Use of Social Media .................................................................................. 12
5 Personal Use of Social Media ................................................................................................ 15
5.1 Rules and Guidelines ...................................................................................................... 15
6 Failure to Adhere to Policy.................................................................................................... 17
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1 Definitions
For purposes of this policy, the following definitions apply:
Administrator
The single person who oversees and, ultimately, controls all official Social Media Sites
for the City. The Administrator will be the City Administrator or their designee.
Authorized Users
City employees, staff liaisons for governing bodies, attorneys, and any consultants,
providers, and contractors that are using Social Media in an official capacity for City
business. The Administrator will determine, in their sole discretion, who is an
Authorized User.
City Officials
Any elected or appointed official sitting on a Legislative Body of the City. These may
include, but are not limited to, City Councilmembers, commissioners, board members
and committee members.
Comment
Any reply on a post on an official Social Media Site. Comments may appear organized as
threads, depending on the Social Media Site. A public user may add a comment, and an
Authorized User may reply to that comment with another comment, depending on the
situation.
Legislative Body
The City Council and any City Boards, Commissions and/or Committees.
Message
Any direct, private written communication from the public to an Official Social Media
Site.
Official Social Media Site
Any Social Media Site controlled by an Authorized User that is used to promote, discuss,
carry out, or reference City-related business and/or activities. These sites will clearly
communicate they are representative of the City as a whole or of a specific Department
or Division as applicable.
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Post
Any content an Authorized User initially publishes on an official Social Media Site. The
medium of a post can range from plain text, to hyperlinks, to images, to videos, etc. This
definition also applies to more ephemeral content such as Facebook/Instagram
"Stories."
Social Media
Online sources that allow people to communicate, share information, share photos,
share videos, share audio, and exchange text and other multimedia files with others via
some form of online or cellular network platform. These online sources may include, but
are not limited to, channels, networks, and technology, such as Facebook, LinkedIn,
Twitter, Instagram, Nextdoor, YouTube, and similar platforms or kinds of electronic
networking services (collectively, "Social Media Networks").
Tag or Mention
Using a Social Media Site's built-in feature to notify another user of a post or comment.
The tag or mention usually begins with "@" followed by the username of the referenced
user's Social Media Site.
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2 Purpose and Scope
Social media networks offer substantial opportunities to communicate to a significant segment
of the population. If used properly, they may provide a benefit to the City of Gilroy by providing
an additional avenue of public outreach and dissemination of information. To address the fast-
changing landscape of the Internet and the way residents communicate and obtain information
online, the City encourages the use of social media (where appropriate) to further the goals of
the Gilroy City Council and City leadership.
However, as with other interactive uses of the internet, posting information on social media is
not without risks. Use of such networks for official City purposes raises legal issues that are
unique to the City and generally do not affect private persons or entities. This includes, for
example, the applicability of the Brown Act and the California Public Records Act. The City has
an overriding interest and expectation in protecting the integrity of the information posted on
its Official Social Media Sites in the name of and on behalf of the City, and the content that is
attributed to the City and its officials.
This Social Media Use Policy establishes guidelines for the City participation in and Authorized
Users' use of Social Media for City business. The City intends for its use of any Official Social
Media Site to relate solely to matters of City business and does not, in any way, intend to--nor
actually create--general public forums. While this policy acknowledges that Social Media is one
way to engage with others, this policy is not intended to require the City nor any Authorized
User acting in an official agency capacity to actually use social media.
All Authorized Users shall comply with this policy in all respects. This policy is subject to revision
at any time. This policy may be changed without prior notice when deemed necessary to fully
protect the City’s interests and/or the public’s interests. If it is necessary to change this policy
without providing prior notice to employees, the City shall notify the employees of the change
at the earliest possible time. All Authorized Users who have been authorized for social media
access shall sign an acknowledgement of receipt of this policy indicating that they have read
and understand all of its provisions and agree to be bound by the same. Before posting on
Official Social Media Sites, the Authorized Users must check the most current policy to ensure
compliance.
When posting on Official Social Media Sites on behalf of the City, Authorized Users are, in
effect, serving as the voice of the City. The City has an overriding interest and expectation in
deciding what is "announced" or "spoken" on behalf of the City on social media. Therefore, all
participation on social media must be in accordance with the provisions set forth herein.
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This policy establishes standards for:
• Authorized Users who have permission to post information on Official Social Media Sites
on behalf of the City, during working hours, non-working hours (subject to limitations
determined by managers), and/or at the workplace;
• City Officials who are authorized to use social media in an official capacity;
• Public users who view and/or engage with content from the City's Official Social Media
Sites, or who Message the City through the City's Official Social Media Sites; and
• Employees’ personal use of Social Media as it relates to the City.
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3 Official Social Media Sites
3.1 Creation of Social Media Sites
The Administrator may, in their sole discretion, establish a new Official Social Media Site.
Creation of any such Official Social Media Site must be proposed, in writing, by the
Department Director to the Administrator. The Administrator may, in their sole discretion,
approve, deny, or modify the creation of such sites. No one may create an Official Social
Media Site without the prior written authorization of the Administrator. Consideration shall
be given to the overall purpose of the requested site, the perceived ability of Authorized
Users to maintain a new site, and its suitability for use for City purposes.
All Official Social Media Sites, except for Facebook, shall use official City contact
information for account set-up, monitoring, and access. The use of personal email accounts
or phone numbers by any City employee is not allowed for the purpose of setting up,
monitoring, or updating an Official Social Media Site other than Facebook. Facebook’s
policies require users to manage Facebook Pages from a real, personal Facebook Profile. If
a user creates a fake and/or duplicate Facebook Profile to manage a Facebook Page, the
Facebook Page may be flagged and restricted, causing the City to lose access to the Page.
Authorized Users and their managers are responsible for the creation, administration,
posting and deactivation of Official Social Media Sites.
The Administrator shall have ultimate authority over all City participation on Official Social
Media Sites and may order the deactivation of all or part of an Official Social Media Site if
the Administrator, in their sole discretion, determines that the content or site is not in the
best interests of the City. If there is an existing Official Social Media Site without any new
Posts for two (2) months or longer, with the exception of sites such as YouTube and
Nextdoor, it should be deleted or merged with another Official Social Media Site,
consistent with current City Records Retention policies. The Authorized User in charge of
the site in question must provide written confirmation to the Administrator if they intend
to delete or not use an Official Social Media Site before deactivation.
3.2 Governance of Official Social Media Sites
Only Authorized Users acting in an official capacity who utilize social media on behalf of the
City, authorized in writing by the Administrator, are permitted to maintain, administer,
and/or post on an Official Social Media Site on behalf of the City of Gilroy.
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In approving an Official Social Media Site, the Administrator shall designate at least one
Authorized User who will be responsible for the regular monitoring and maintenance of
that particular Official Social Media Site.
Authorized Users who use Official Social Media Sites on behalf of the City must adhere to
the following rules:
• Any and all information posted on behalf of the City by Authorized Users on Official
Social Media Sites should directly pertain to the City and be of citywide interest,
address issues within the scope of their specific authorization, and contain factual
information 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 laws.
• Authorized Users should conduct themselves at all times as a representative of the
City and in accordance with all City policies.
• Authorized Users should review, become familiar with, and comply with the
designated social media network policies and terms and conditions.
• Official Social Media Sites shall use account names or usernames that are clearly
identifiable as representing the City. Examples include but are not limited to:
@CityofGilroy @GilroyPolice @GilroyParksandRec.
• Profiles or account information for Official Social Media Sites must contain a valid
City username, address, website, and phone number.
• Authorized Social Media Sites must clearly indicate the Department or Legislative
Body they represent on their home page or Bio or About section.
• Authorized Users may not use or include personal email addresses or any other
personal information in the user profiles and/or posted content for Official Social
Media Sites. Instead, Authorized Users may use their name, title, and a city email
address. If an Authorized User wishes, they may request a “common” email address
from the IT department (i.e. "ParksRec@CityOfGilroy.org").
• The City logo (with or without the department name) or a City Department or
Division logo shall be used as the account Profile Picture and/or included in a Cover
Photo (AKA "banner image"). If a Department or Division wishes to use an alternate
image as the Profile Picture or Cover Photo, they must obtain approval from the
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Administrator before changing the existing photo and assure any photo used is not
subject to federal copyright protection.
• Photographs, videos, or images of anyone who can be readily identified by the
naked eye should not be posted to Official Social Media Sites without first obtaining
the depicted person’s written consent. If the person depicted in the photograph,
video, or image is a minor or someone incapable of providing consent, the City must
obtain the consent of the depicted person’s parent or legal guardian before posting
the photograph, video, or image to an Official Social Media Site. Consent is implied
within public spaces or at City-sponsored events, unless otherwise stated.
Authorized Users may consult the Administrator for guidance on using media
from/for special projects or campaigns.
• Language that is sexually explicit, or that is lewd or obscene, racial, promotes
religious beliefs, political, or illegal, or that expresses a personal opinion, except as
provided in section 3.3 "Responding to Posts, Comments and Messages" is
prohibited.
• Solicitation; engaging in or endorsing any commercial, products or activities is
prohibited. This provision is not intended to limit the City’s ability to support
business in Gilroy generally, but to refrain from supporting one particular business
or a particular commercial enterprise or sole business.
• Comments in support of or in opposition to elected and appointed City Officials,
political candidates, political campaigns, ballot measures, and matters that may
reasonably be agendized for consideration by the City Council, and/or any other
Legislative Body are prohibited.
• Authorized Users should avoid posting about the following items, unless approved
in advance by the City Administrator or City Attorney:
• Actual or perceived threats to public health, safety or property;
• Actual or potential legal claims, lawsuits or other legal issues;
• Personnel or medical matters;
• Criminal investigations and content regarding crime scenes;
While Official Social Media Sites are to be used for City business and for the purposes
stated herein, they are not intended to replace nor serve as the primary means of the City’s
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communication with anyone. The City has an official website. This website shall remain the
primary means of online communication with the public and should be the primary link
used on accounts and in posts as much as possible.
Except as expressly provided in this policy, Authorized Users accessing any Official Social
Media Site shall comply with all applicable policies of the City, including, but not limited to
those policies that pertain to use of the internet by Authorized Users acting in an official
capacity.
3.3 Responding to Posts, Comments, and Messages
Authorized Users should be aware that it is not always possible or recommended on social
media networks to disable the feature that allows or permits responsive posts by members
of the public. By permitting use of this feature, the City does not intend to create a general
public forum, and all Comments and Posts must comply with this Social Media Policy. In
addition, most social media networks have their own terms of use and standards of
conduct. All content posted on an Official Social Media Site must comply with this Social
Media Policy and any host site user guidelines. The City reserves the right to remove any
Post or ban any posters from the site at its sole discretion for violation of this Policy or
applicable guidelines.
Some social media networks provide the ability to hide or delete posts from the public. If
the Authorized Users wish to hide or delete a Post or Comment, they need to coordinate
with the Administrator and possibly the City Attorney. If the Post is to be deleted, there is a
documentation process for public records that needs to be followed first. Standard practice
for social media is that once a Post is published, it should not be deleted. It can be edited
as long as it does not change the original intent of the Post.
No Post, Comment, or other content shall be removed solely simply because it is critical of
the City, City Officials, employees, or programs, or because city staff disagrees with the
viewpoint of the Comment, content or submittal. On social media networks where the
feature is available, a "strong" profanity filter should be enabled to automatically prohibit
Comments and Posts with profanity.
3.4 Public Terms of Use
Every Official Social Media Site that allows Comments or Posts from the public must
include the disclaimer/terms of use (see Appendix A) located in a readily accessible part of
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each Social Media Site, such as the privacy policy, the “about us” section, or a "pinned"
post.
3.5 Public Records Retention
All content posted on an Official Social Media Site should be assumed to be subject to the
California Public Records Act, California’s civil discovery statutes, and other applicable laws
requiring the disclosure of public records. All content must be managed, stored, and
retrieved to comply with these laws, including any photographs or images. In addition, all
content subject to the City’s records retention policy must be maintained consistent with
that policy. Any content on Official Social Media Sites shall be maintained in a format that
preserves the integrity of the original record and must be easily accessible using the
approved City platform and tools. Any content submitted for posting that is deemed
unsuitable because it is not topically related or is inappropriate under this policy must also
be retained pursuant to the applicable record retention schedule.
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4 Council, Commission, Committee, and Board Use of Social
Media
4.1 Creation of Social Media Sites
Any established Legislative Body within the City may request from the Administrator to
create an Official Social Media Site on behalf of the City.
Creation of any such site must be proposed, in writing, by the Legislative Body staff liaison,
to the Administrator. The Administrator may, in their sole discretion, approve, deny, or
modify the creation of such sites. A Body may not create an Official Social Media Site
without the prior written authorization of the Administrator. Consideration shall be given
to the overall purpose of the requested site, the perceived ability of Authorized Users to
maintain a new site, and its suitability for use for City purposes.
4.2 City Officials’ Use of Social Media
The City does not create or provide support for individual social media accounts for City
Officials. City Officials who 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 City 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.
City Officials participating in digital or social media communications shall maintain and
clearly delineate between separate accounts for official and personal/campaign
statements, taking precaution not to convey personal/campaign communications in a
manner that suggests such communications represent the position of the City or their
Legislative Body as a whole.
City Officials are prohibited from using the City logo or seal or any variation of the City logo
or seal, representing the City, or representing that they speak on behalf of the City within
their official or personal social media account(s) or site(s).
To avoid ambiguity, all statements, headings, profile pictures, or biographies on personal or
campaign accounts shall:
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• Not be made in the name of the position to which the City Official was elected or
appointed;
• Clearly reflect that content on such accounts does not represent the official
positions of the City or the governing body;
• Not display the City logo or any other official City mark or title.
Digital records relating to public business are required to be handled 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, City Officials should avoid deleting Comments or blocking individuals
on official pages or sites they maintain. Social media content should be treated the same as
any written document and retained in accordance with the City retention schedules.
To avoid any violations of the Brown Act, consistent with the update provided by AB 992,
City Officials are permitted to use a social media site to engage in conversations or
communications on matters within the subject matter jurisdiction of their governing body:
• To answer questions;
• To provide information to the public; and
• To solicit information from the public.
However, a majority of City Officials may not use social media to "discuss among
themselves" official business. The Brown Act broadly defines the meaning of "discuss
among themselves" to include any "communications made, posted, or shared on an
internet-based social media network 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." The Brown Act prohibits a Board member from
communicating directly with the social media of any other member on a subject within the
jurisdiction of the board.
City Officials must refrain from using the City’s Official Social Media Sites or any form of
electronic communication to respond to, blog or engage in serial meetings, or otherwise
discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction
of the body without complying with the Brown Act.
City Officials should be honest and accurate when posting information or news, especially
when communicating during a crisis or emergency. Any mistakes, misstatements and/or
factual errors must be corrected quickly upon discovery. When possible, news of citywide
importance should first be announced by the City's Official Social Media Sites including the
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City website. This information can then be shared by City Officials, linking back to the
original Post or official City website, when possible. Unless the City Official has been
designated to serve as a spokesperson, a City Official should never represent themselves as
a spokesperson for the entire Legislative Body or the City. City Officials should be mindful
of recognizing that accomplishments of the City or Legislative Body are achieved by
collective action of the entire body or organization.
In summary,
City Officials may:
• Use social media in the Official’s capacity to communicate with
constituents to “answer questions, provide information to the public, or
solicit information from the public.”
City Officials may not:
• Discuss on social media with a majority of the legislative body business
of a specific nature that is within the subject matter jurisdiction of the
legislative body.
• Comment on a post of another member of the legislative body, including
“liking,” sharing, reposting, or use of emojis.
• Block any member of the public from participating in your social media
account.
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5 Personal Use of Social Media
While the City does not monitor employees’ personal social media accounts, this section sets
forth suggested guidelines to follow when referring to the City. Following these principles helps
ensure a distinction between sharing personal and agency views/information.
5.1 Rules and Guidelines
The following rules and guidelines apply to all employees acting in an official capacity of
the City of Gilroy:
• While employees may voluntarily choose to engage with the City on its Official
Social Media Sites, the City does not encourage or require any employee to
follow or “like” Official Social Media Sites.
• The City does not condone the personal use by employees of social media during
the working hours by any means, including by using City-owned equipment.
Employees have no right or expectation of privacy when using City-issued
devices or systems. The City reserves the right to monitor, search, or disclose
employee use of City resources.
• When an employee uses social media in a personal capacity, they are doing so
for themselves and they are not speaking nor communicating on behalf of the
City. Employees should make certain that it does not appear that they are
speaking or posting for the City unless authorized to do so.
• Employees are reminded and cautioned that nothing posted on the internet is
private. Content can easily be shared, forwarded, and distributed to broader
audiences without your knowledge or permission.
• Information posted on social media may be used as evidence in disciplinary,
administrative, or legal proceedings. The City will not require you to provide a
password or other security information for your personal sites that are
password-protected or otherwise non-public.
• The personal use of social media by an employee in a manner that violates any
City policy or procedure will not be tolerated, and may be grounds for
disciplinary action, up to and including termination. Employees are expected to
comply with the same ethical and performance standards on-line as in the
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workplace. Using social media in a way that adversely impacts a job, co-workers,
the City, or the public is prohibited. Employees may not use their official City
email addresses to create or maintain any personal social media account(s) or
site(s).
• Employees may not post any content on the internet or social media that
constitutes or contains City confidential, proprietary, privileged, private,
personnel, or other non-public information.
• Employees are prohibited from using the City logo or seal or any variation of the
City logo or seal, representing the City, or representing that they speak on behalf
of the City within their personal social media account(s) or site(s). Employees
must also make clear in any online activity that the views and opinions they
express about work-related matters are their own, have not been reviewed by
the City, and do not necessarily represent the views and opinions of the City.
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6 Failure to Adhere to Policy
An Authorized User’s failure to adhere to the provisions of this policy may result in disciplinary
or adverse action being taken against the Authorized User up to and including termination.
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Appendix A
Disclaimer/Terms of Use
THIS SITE IS NOT MONITORED IN REAL TIME. IF YOU HAVE AN EMERGENCY OR KNOW OF A
CRIME IN PROGRESS, PLEASE CALL 911 IMMEDIATELY. THIS SOCIAL MEDIA SITE IS NOT A PUBLIC
FORUM. BY ENGAGING WITH THIS SOCIAL MEDIA SITE, YOU AGREE TO ADHERE TO THE TERMS
OF USE OUTLINED AT https://www.cityofgilroy.org/socialmediapolicy.
The City will publish the following information on its website at
https://www.cityofgilroy.org/socialmediapolicy:
These Terms of Use apply to all Official Social Media Sites ("sites") of the City of Gilroy. This site
is not a public forum and all Comments and Posts must comply with these Terms of Use. Official
Social Media Sites are intended to serve as a mechanism for communication between the City
and the public to help further our mission. Any Comment submitted to sites and their fans,
followers, or subscribers may be considered a public record, which is subject to disclosure
pursuant to the California Public Records Act. Public information requests must be directed to
the City Clerk’s office.
If any public Comments are allowed on these sites, we reserve the right to remove posts or
comments at the City’s sole discretion. The City reserves the right to report a user directly to
the host social media network if a Post, Comment or other content by the user violates the
network's own Terms of Use. Under the City of Gilroy Social Media Use Policy, the City reserves
the right to remove inappropriate content on its sites, including, but not limited to, the
following:
a. Profane, obscene, violent, or pornographic content and/or language;
b. Content that promotes, fosters, or perpetuates discrimination or harassment on
the basis of race, color, national origin, religious creed, ancestry, physical or
mental disability, medical condition, pregnancy, childbirth or related medical
condition, age, sexual orientation, sex, gender identity, gender expression,
genetic information, military or veteran status, marital status, or any other basis
protected by applicable state or federal law;
c. Threats to any person or organization or encouragement of illegal activity;
d. Information that tends to compromise the safety or security of City employees,
the public, public systems, or the City’s technology resources;
e. Content that violates any legal ownership interest, such as a copyright or
trademark;
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f. Content containing personal information, such as home addresses, phone
numbers, social security numbers, dates of birth or driver’s license numbers;
g. Solicitation of commerce, including any advertising or business services or
products for sale;
h. Content that violates any federal, state or local laws;
The City disclaims any and all responsibility and liability for any materials that the City deems
inappropriate for posting, which cannot be removed in an expeditious and otherwise timely
manner. The City reserves the right to remove any fans, followers, or subscribers for violation
of this policy.
A Comment posted by a member of the public on any City of Gilroy Social Media Site is the
opinion of the commentator or poster only, and the publication of a Comment does not imply
endorsement of, or agreement by, the City of Gilroy, nor do such Comments necessarily reflect
the opinions or policies of the City of Gilroy.
The City reserves the right to restrict or remove any content that is deemed in violation of this
policy or any applicable law. Notwithstanding the foregoing, the City of Gilroy is not obligated
to take such actions, and disclaims any and all responsibility and liability for any materials
posted by a member of the public.
By posting a Comment, users agree to indemnify the City of Gilroy, its officers and employees
from and against all liabilities, judgments, damages, and costs (including attorney’s fees)
incurred by any of them which arise out of or are related to content posted by users. If a user
does not agree to these terms, the individual should not use the City of Gilroy’s Social Media
Sites as a violation of these terms may lead to legal liability.
If you have any questions regarding these Terms of Use, please email us at
Communications@CityOfGilroy.org.
The above disclaimer may not be altered without the prior approval of the City Administrator or
City Attorney (or their respective designees). The Administrator will work with authorized staff
to set up the site and disclaimers correctly.