Staff Report. Social Media Policy with attachments
PREPARED BY: Holly Young
Senior Management Analyst
Reviewed by: Assistant Town Manager, Town Clerk, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/04/2022 ITEM NO: 10
DATE: September 28, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt the Updated Town Social Media Policy as Recommended by the Policy
Committee
RECOMMENDATION:
Adopt the updated Town Social Media Policy as recommended by the Policy Committee.
BACKGROUND:
At its January 25, 2022 meeting, the Council Policy Committee added an update to the Town’s
Social Media Policy, including guidelines for Elected/Appointed Officials, to its workplan for
2022.
At its September 27, 2022 meeting, the Council Policy Committee unanimously agreed to
forward a recommendation to the Town Council to approve proposed updates to the Town
Social Media Policy (see Attachment 1).
The Town’s current Social Media Policy went into effect on September 2, 2015 (see Attachment
2). In the past seven years since this Policy went into effect, much has changed regarding Social
Media utilization and peer best practices. The Town’s use of social media has increased
substantially, social media platforms and government best practices have evolved, and
Assembly Bill 992 (AB 992) was passed in 2020 amending the Brown Act to provide social media
guidance for public officials.
The Social Media Policy is a public-facing document that is linked on Town social media
accounts. It works in tandem with Town staff administrative procedures and especially the
Town Communication Plan (Attachment 3).
PAGE 2 OF 3 SUBJECT: Social Media Policy Updates DATE: September 28, 2022
DISCUSSION:
As part of the update process, staff examined the Town’s current social media best practices,
consulted with the Town Attorney and the inter-Departmental Town Communication Team,
examined resources offered by staff membership in the Government Social Media Organization
(a professional association for public sector social media professionals), and reached out to
other communications professionals in municipalities throughout Santa Clara County. Attached
to this report are sample policies from Cupertino (Attachment 4), Los Altos (Attachment 5),
Monte Sereno (Attachment 6), Gilroy (Attachment 7), and Government Social Media
Organization (Attachment 8).
The proposed 2022 Social Media Policy in Attachment 1 provides substantial updates to the
existing policy based on current Town best practices and research into broader public sector
social media best practices.
Some internal guidance in the 2015 Social Media Policy is now captured in the Town
Communication Plan (e.g., staff procedures for opening a new Town social media account) and
has been removed from the proposed 2022 Policy.
An overview of the major proposed additions to the Policy is as follows:
• Adds definitions for the key terms in the Policy.
• Provides clear guidelines for content that is acceptable for posting on Town social media
accounts.
• Provides clear guidelines for content that shall not be permitted in connection with
Town social media accounts and is subject to removal.
• Adds guidance for Elected/Appointed Town officials who choose to use social media.
This includes important information regarding violations of the Brown Act consistent
with the update provided by AB 992 pertaining to public officials’ use of social media.
CONCLUSION:
In order to ensure the Policy remains current and relevant as social media utilization and
practices have changed and evolved, staff recommends that the Town Council adopt the
updated Social Media Policy in Attachment 1 as recommended by the Policy Committee.
PAGE 3 OF 3 SUBJECT: Social Media Policy Updates DATE: September 28, 2022
COORDINATION:
This report was coordinated with the Town Attorney, Town Manager’s Office, and
representatives across Town Departments through the inter-Departmental Communication
Team.
FISCAL IMPACT:
There is no associated fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Proposed 2022 Social Media Policy
2. Current Social Media Policy
3. Town Communication Plan
4. Cupertino Social Media Policy
5. Los Altos Social Media Policy
6. Monte Sereno Social Media Policy
7. Gilroy Social Media Policy
8. Government Social Media Organization Social Media Policy
This Page Intentionally Left Blank
Attachment 1
COUNCIL POLICY MANUAL
TITLE: Social Media Policy POLICY NUMBER: 2-16
EFFECTIVE DATE: September 2, 2015 PAGES: 1 of 7
ENABLING ACTIONS:
REVISED DATES:
APPROVED:
PURPOSE
The Social Media Policy governs the operation of social media accounts by the Town of Los Gatos
(“Town”), its Departments, and Town Elected/Appointed Officials to ensure that the community
has access to timely, useful, and important information. The intended purposes of these Town
social media accounts are to disseminate information regarding the Town’s mission, meetings,
current issues, programs, projects, services, and events; strengthen relationships; foster
communication; and engage the community.
The Town has an important interest in assuring the accuracy and consistency of information
associated with its social media accounts. The Town also respects the First Amendment to the
United States Constitution and the constitutional right to freedom of speech. This Policy also
establishes guidelines for the public’s use of social media that balances these values.
Social media users who submit content to any official Town social media account acknowledge
they have read, understand, and agree to the Town’s terms and conditions by virtue of such use.
This Policy is not meant to address one particular form of social media; rather social media in
general as advances in technology will occur and new tools will emerge.
DEFINITIONS
Town Social Media Account – An official account or page on social media maintained by the
Town of Los Gatos.
Elected/Appointed Town Officials – Town Mayor, Vice Mayor, Councilmembers, and people
appointed by the Council to serve on a legislative body such as a Town Board, Commission,
Committee.
Small Town Service Community Stewardship Future Focus
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Post – The addition of information of any kind in the form of text, links, graphics, photos,
videos, etc. to social media.
Social Media – Publicly accessible technologies used to publish and/or share information using
the internet. Examples of social media include: Nextdoor, Facebook, Instagram, Twitter,
LinkedIn, and YouTube.
SCOPE AND AUTHORITY
This Policy applies to all employees of the Town including temporary personnel, interns,
volunteers, or other individuals performing work and/or engaged in external communications
on the Town’s behalf and to Town Elected/Appointed Officials.
Town employees shall operate Town social media accounts and post items on behalf of the
Town only as authorized and in conjunction with the Town Communication Team consistent
with the administrative procedures outlined in the Town Communication Plan.
GENERAL POLICY
Town employees shall follow these general guidelines when posting items to social media
and/or operating the Town’s social media accounts. Employees should also refer to and comply
with the Town’s Communication Plan.
1. The Town’s official website (www.LosGatosCA.gov) will remain the Town’s primary
means of digital communication. When possible, social media posts should contain a
link directing viewers to the Town website for more information.
2. Posts should specifically address information regarding Town services, Departments,
officials, programs, safety and disaster preparedness, emergency alerts, meetings,
recognition, recruitment, history, community, and/or offerings specifically related to or
originating from the Town.
The Town may post information from Town Departments, Town government agency
partners, organizations that are under contract with the Town for programming (e.g.,
Music in the Park, Los Gatos-Saratoga Recreation, etc.), and/or relevant media outlets
(local, regional, State).
The Town may post information from non-profits providing housing or philanthropic
services in Los Gatos with whom the Town has a contractual partnership. Information
from non-profits providing housing or philanthropic services in Los Gatos that are not in
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a contractual partnership with the Town may be “shared” on the Town’s social media
accounts, but not posted directly to the Town’s social media accounts.
The Town may post information from the official sites or accounts of local, State, and
Federal government or quasi-government agencies.
The Town may post information from utility, energy, water, recycling, waste
management and/or other Los Gatos service providers. Examples include: PG&E, Silicon
Valley Clean Energy, West Valley Collection & Recycling, etc.
The Town reserves the right to deny requests to post external links or information that
do not fall into any of these categories.
3. Social media content may include information, graphics, photos, videos, and links.
4. Official Town accounts should clearly identify that they are operated by the Town and
use an official Town or Department name and logo.
5. Where possible, this Social Media Policy should be linked on all Town social media
accounts.
6. Social media posts will supplement and not replace legally required notices and
standard methods of communication.
7. No confidential information may be posted.
8. Posts should not contain any personal information except for the names of employees
whose job duties include being available for contact by the public.
9. Posts should be professional, respectful, timely, and factual.
10. All necessary permissions should be obtained prior to posting (e.g., permission to use
photos if applicable).
11. All posts must comply with usage rules and regulations required by third party providers
of Town social media accounts. The Town reserves the right to report any violation of
those rules and regulations to the third party social media providers so that those third
party social media providers can take appropriate and reasonable responsive action.
12. Posts must comply with all applicable Town Policies and Procedures pertaining to
communications including the Town Communication Plan, employee electronic
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communications usage requirements, and any restrictions on the forum such as
limitations to specified activities or topics.
CONTENT MODERATION
The Town’s social media accounts are limited public forums moderated by Town staff.
Members of the public are invited to view and, where possible, provide comments or other
engagement on Town social media accounts in accordance with this Policy and any other
restrictions specific to the forum such as limitations to specific activities or topics. Any public
comment posted to a Town social media account is the opinion of the commenter. The
presence of that content in connection with a Town social media account shall in no way imply
Town endorsement of, or agreement with, the content.
The Town may hide and/or delete comments that are not related to the topic of the post or are
not protected speech protected by the First Amendment. The Town shall not hide and/or
delete comments solely because such comments are critical of the Town or its officials. It is
understood that social media is a 24/7 medium and the Town may not see every inappropriate
comment right away. The Town is trusting in the community to allow reasonable time for off-
topic, inappropriate or harmful speech to be reviewed and/or removed.
The following types of content shall not be permitted in connection with Town social media
accounts and will be removed:
1. Content unrelated to the Town or specified post topic.
2. Violent and/or pornographic content.
3. Content promoting discrimination on the basis of race, creed, color, age, religion, sexual
orientation, gender, disability, veteran status, national origin, or any other legally
protected class.
4. Profane language or content.
5. Solicitations of fundraising or commerce, including but not limited to advertising of any
business or product for sale.
6. Violations of any law, threats, and/or promotion of violence or illegal activity.
7. Content compromising public safety or security.
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8. Content supporting or opposing any political candidate or campaign, including ballot
measures.
9. Content that violates a legal ownership interest of any other party.
10. Apparent spam, content posted by automatic software programs (i.e., “bots”), or
comments containing links to malware and/or malicious content that affects the normal
functioning of a computer system, servers, or browser.
11. Duplicate comments posted repeatedly within a short period of time.
12. Personal attacks or comments containing actual defamation against a person, either as
determined by a court or comments that are patently defamatory by easily discovered
facts.
13. Private or personal information posted without consent.
Public comments that do not conform with these restrictions shall be removed following
approval by the Town Manager or designee in consultation with the Town Attorney. Any public
comment removed based on this Policy shall be retained in a manner consistent with the
Town’s Records Retention Policy.
NO LIABILITY/GUARANTEE
The Town operates its social media accounts as a public service to provide information about
the Town. The Town assumes no liability for any inaccuracies its social media accounts may
contain and does not guarantee its social media accounts will be uninterrupted, permanent, or
error-free.
All users of social media should review and understand all applicable privacy and other policies,
including those established by the third-party social media providers. Town social media
accounts may contain content, including but not limited to, advertisements or hyperlinks, over
which the Town has no control. The Town does not endorse any hyperlink or advertisement
placed on a Town social media account by anyone other than the Town.
Shares, likes, follows, etc. by any Town social media account are not endorsements.
Town social media accounts are not monitored 24 hours a day, seven days a week and no one
should utilize Town social media accounts to seek emergency services. Anyone in need of
emergency help should call 9-1-1.
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The Town does not guarantee it will respond to comments or messages on Town social media
accounts. The Town will use its discretion in determining when to reply publicly, reply
privately, or not reply at all.
ELECTED/APPOINTED OFFICIALS
If Elected/Appointed Town officials have their own social media accounts, the Town recognizes
that they may choose, in their individual capacity, to post items relevant to Town business. In
such situations, Elected/Appointed Town officials shall make it clear that they are speaking for
themselves, not for the Town or for their legislative body. Elected/Appointed Officials shall
individually ensure that they comply with all applicable laws, including, but not limited to, the
United States Constitution and the First Amendment, the Ralph M. Brown Act, the California
Public Records Act, and the Town’s Records Retention Policy.
The Town does not create or provide support for individual social media accounts for
Elected/Appointed officials and those who maintain personal social media accounts should be
aware that (similar to Town email or any other written or recorded communication related to
the official conduct of Town business), digital communications, social media posts, and
messages by Elected/Appointed Town officials regarding matters that are related to Town
business are subject to laws and policies regarding freedom of speech, records retention and
production, and public transparency.
Elected/Appointed Officials are prohibited from using the Town logo or seal or any variation of
the Town logo or seal, representing the Town, or representing that they speak on behalf of the
Town within their official or personal social account(s).
To avoid violations of the Brown Act, consistent with the update provided by AB 992, Town
officials are permitted to use social media to engage in conversations or communications on
matters within the subject matter jurisdiction of their legislative body to answer questions,
provide information to the public, and/or to solicit information from the public. However, the
Brown Act prohibits Elected/Appointed Officials from communicating directly with the social
media of any other member of the legislative body on a subject within the legislative body’s
jurisdiction. Elected/Appointed Officials should be careful not to post, respond, like, react,
share, retweet, etc. any content from another member of their legislative body in a manner
that could constitute an improper serial meeting or otherwise violate the Brown Act.
Elected/Appointed Officials may share or like official Town social media account postings. If
there is any concern about whether an action or content falls within the Brown Act or other
legal limitations, the Elected/Appointed Official should check with the Town Manager and Town
Attorney prior to posting.
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When possible, news of Town-wide importance should first be announced by the Town’s official
social media accounts including the Town website. This information can then be shared by
Elected/Appointed Officials, linking back to the original post or Town website, when possible.
Unless the Elected/Appointed Official has been designated to serve as a spokesperson, a Town
Elected/Appointed Official should never represent themselves as a spokesperson for the entire
legislative body or the Town. Elected/Appointed Officials should be mindful of recognizing that
accomplishments of the Town or legislative body are achieved by collective action of the entire
body or organization.
Digital records relating to public business are required to be handled in a manner capable of
maintaining the record for the applicable retention period. Elected/Appointed Officials should
avoid deleting comments or blocking individuals on any social media accounts they maintain
that are related to Town business. Social media content should be treated the same as any
written document retained in accordance with the Town records retention schedules.
When an Elected/Appointed Official engages in public social media discussion on matters
related to Town business, it is strongly recommended that the Elected/Appointed Official
capture relevant comment threads and forward such communications to the participant’s own
Town of Los Gatos email address, the Town Manager, or staff liaison for the legislative body so
that such communications are captured and preserved.
RECORDS
There is no expectation of privacy on any of the Town’s social media accounts. Town social
media records are subject to the California Public Records Act. Any content maintained on a
Town social media account that is related to Town business, including posts, public comments,
replies, and information about subscribers/followers, may be considered a public record and
subject to public disclosure.
APPROVED AS TO FORM:
Gabrielle Whelan, Town Attorney
This Page Intentionally Left Blank
Title: Social Media
ber 2, 2015
PURPOSE
Revised Date:
Policy Number: 2 -16
Pages:6
This policy establishes Town -wide guidelines regarding the appropriate use of social media sites that
are created for Town purposes. Social media includes, but is not limited to, intemet -based websites
that allow two -way communication between the Town and the public, such as social networking and
media - sharing websites (e.g., Facebook, Twitter, Instagram, YouTube) and wikis (e.g., Wikipedia).
A social media site is created for Town purposes when an account is established on a social media
website in accordance with this policy. The Town has an overriding interest and expectation in
providing the public with accurate information and protecting the rights of the Town and its
employees.
Employees are encouraged to consult with their supervisor regarding any questions arising from
the application or potential application of this policy.
SCOPE
This policy applies to all employees of the Town and temporary personnel, interns, volunteers, or
other individuals performing work and/or engaged in external communications on the Town's
behalf. This policy governs all "Electronic Communications" as defined in the Town's Electronic
Communications and Information Technology Resources Policy and applies to the Internet and any
and all forms of social media as defined in Section I (Purpose) above.
POLICY
The Town of Los Gatos encourages the use of electronic communications to share information in
support of its mission of public service and enable it to conduct its business. Electronic
communications must be used in compliance with applicable statutes, regulations, and Town
policies, including those that require a work environment free from discrimination and harassment.
Attachment 2
Title: Social Media
Page: Policy Number: 2 -16
2
A. All electronic communications should conform to the same standards of propriety
and respect as any other verbal or written communication at the Town. Employees are
expected to use common sense and judgment to avoid any communication which is
disrespectful, offensive, or illegal. Employees engaged in the use of electronic
communications on behalf of the Town are responsible for complying with all Town
Administrative policies.
B. While engaging in electronic communications on behalfof the Town, all
employees must identify themselves as Town employees. Unless specifically authorized
to engage in electronic communications as part of an employee's official job duties, all
other employees must obtain written authorization from his/her Department Director
before engaging in electronic communications on behalf of the Town.
C. Employees should not post any information including the contents in any video,
photograph, or other electronic media, including but not limited to audio recordings or
digital information, which may compromise the safety of the Town, its employees, or
work product.
D. All electronic media created while on the job is the property of the Town and
subject to all federal and state law, as well as Town codes and policies regarding its
confidentiality. Both on and off -duty, employees have the responsibility to protect
confidential information by not posting such information on social networking sites.
POLICY IMPLEMENTATION
A. Town of Los Gatos social media sites may be used as a supplement to the Town
of Los Gatos website for:
1. Marketing/promotional purposes
2. Community engagement purposes
3. Communicating important Town information quickly to a broad audience
B. The Town of Los Gatos website will remain the Town government's primary and
predominant Internet presence.
C. Employees will follow the guidelines set forth in the Social Media Use Standards
and Best Practices document.
Title: Social Media
Page: Policy Number: 2 -16
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A. Any Town of Los Gatos social media site shall be established and maintained in
accordance with the following procedures:
1. The Town will approach the use of social media sites as consistently as
possible, Town -wide.
2. Each Town of Los Gatos account established on a social media website
must be approved by the Town Manager or his/her designee.
3. For each Town of Los Gatos social media account, the following
information will be provided to the Town Manager or his/her designee within one
business day of opening and/or closing the account and shall be updated within
one day of making any changes to the account or account management
responsibilities:
a. Account name and login information;
b. Date established;
C. Purpose ofaccount;
d. Employee primarily responsiblefor site management and
maintenance; and
e. Date account closed (ifapplicable)
4. Each department will have only one account on any social networking or
media - sharing site, unless otherwise approved by the Town Manager or designee.
Account information, including usernames and passwords, shall be provided to
the Town Manager or his/her designee in compliance with this policy.
5. For each social media account, a boilerplate section should contain a
department/program description and the following language or a link to the
following language:
a. "[Insert department] is a department (or an office) of the Town of Los
Gatos, www.los atgosca.gov. This page and/or account is intended to serve
as a means for communication between the public and department/office.
Any comment submitted to this page and/or account and its list of fans,
followers, and/or likes may be considered a public record that is subject to
disclosure pursuant to the California Public Records Act."
6. Department Directors shall provide direction to department employees
regarding the amount of time spent reviewing and/or participating in the Town's
Title: Social Media
social media sites.
Page: Policy N
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7. Each Town of Los Gatos social media site shall be regularly monitored by
the employee designated as the site manager for management and maintenance to
ensure comments and postings on the Town's social media sites are in compliance
with this policy.
9. In the event that a site receives a posting or other information of relevance
to another Town department, the employee primarily responsible for the site will
promptly notify the other department of the fact.
10. The Town of Los Gatos social media sites shall be periodically reviewed
by the Town Manager or his/her designee for compliance with this policy. Town
of Los Gatos social media posts shall be topic specific.
12. The following Comment Policy disclaimer must be included on the site or
from a link on the site whenever comments are enabled:
a. "This page and/or account is intended to serve as a means of
communication between the public and the Town of Los Gatos.
Comments posted to this page and/or account will be monitored during
regular Town business hours only. The Town reserves the right to
remove comments that include any of the following: language that is
profane, discriminatory or sexual in nature, or threatens or defames any
person or organization, or violates the legal ownership rights of another
party, or supports or opposes political candidates or ballot measures, or
encourages or promotes illegal activity, or solicits or promotes
commercial services or products, or contains comments that are not
topically related to the particular post being commented upon, or
compromises the safety or security of the public, public systems, or
Town employees. Any content posted to the page and/or account is
subject to public disclosure."
13. Whenever possible, information posted on Town of Los Gatos social
media sites shall also be available on the Town's website.
14. Whenever possible, postings on Town of Los Gatos social media sites
shall contain links to the Town website to provide the public with access to more
in -depth information, forms, documents, or online services.
15. Postings must only contain information that is freely available to the
public and not be confidential as defined by any Town policy or state or federal
law.
16. Postings may not contain any personal information, except for the names
Title: Social Media
Page: Policy Number: 2 -16
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of the employees whose job duties include being available for contact by the
public.
17. When posting a video, the department must secure permission from the
author or owner for the right to use all of, or part of a video ifthe video was not
produced by the department or any other Town department.
18. All Town of Los Gatos social media sites shall have Town of Los Gatos
contact information, the Town logo and a link to site use policies prominently
displayed.
19. The Town may cancel or otherwise terminate any Town of Los Gatos
social media site at any time, provided, however, those records ofthe site shall be
maintained in accordance with the Records Retention Program following
cancellation or termination.
20. All content on the Town of Los Gatos social media sites is subject to the
Town's Records Retention Policy.
21. Records must be maintained for at least two years or a longer retention
period, as indicated in the Town's Records Retention Policy, in a format that
preserves the integrity of the record and is readily accessible.
22. All content posted to the Town of Los Gatos social media sites shall
comply with the Town's website policy. All content on the Town of Los Gatos
social media sites is subject to the California Public Records Act and subject to
public disclosure.
23. Use of the Town of Los Gatos social media sites by members ofthe Town
Council, Town Commissions, and other official Town committees is subject to
the Ralph M. Brown Act (California's open meeting law).
24. All content on the Town of Los Gatos social media sites should comply
with the Town of Los Gatos Electronic Communication and Information
Technology Resources policy.
25. Town employees and officials who are using the Town social media sites
are expected to represent themselves and the Town in a way that is consistent with
this policy.
26. Town of Los Gatos social media sites shall not be used to endorse,
support, oppose or comment on any political campaign, ballot measures, social
issues, causes, religion, product, service, company, or other commercial entity
unless expressly authorized.
27. The use of Town of Los Gatos social media pages and /or accounts for
fundraising activities is prohibited in accordance with the Town's Solicitation and
Donation Policy.
hIfi[i.Y•f.>F11itr[IF1
Page: Policy Number:
6
28. Any employee authorized to post items on any of the Town's social media
sites shall not express his or her own personal views or concerns through such
postings. Instead, postings on any of the Town's social media sites by an
authorized Town employee shall only reflect the views of the Town.
29. In the event of an emergency, the Town Manager may suspend, modify or
restrict provisions of this policy. In those instances, the policy adjustments are
temporary until such time as the Town Manager deems that the emergency is
addressed. After the emergency, the temporary policy adjustments will cease and
the regular provisions outlined in this document prevail.
APPROVED AS TO FORM:
Robert Schultz, Tot ttorney
Attachment 3
TOWN OF LOS GATOS
Communication Administrative Plan
Communication Administrative Plan Table of Contents
1. Introduction
2. Communication Mission, Goals, and Objectives
3. Target Audiences
4. Communications Team
5. Current Communication Tools - External
A. Branding and Use of Town Seal
B. General Content Guidelines
C. Website
D. Social Media
E. Staff Reports
F. Media Inquiries
6. Current Communication Tools – Internal
7. Justice, Equity, Diversity, and Inclusion in Communications
8. Emergency and Crisis Communications
9. Appendix
A. Formatting and Branding specifics
B. Visual Brand Guidelines (colors and new logo)
C. Writing Guide (from General Plan)
D. Social Media Policy
E. Accessibility Best Practices
F. Social Media Request Form
G. Photo Release Form
H. Staff Report Sample Template
I. Electronic Communications and Internet Technology Resources Procedure
J. Communications Team Members Who Participated in the Preparation of this Plan
1. Introduction
Effective communication, both internal and external, is vital in any organizational environment as a
means of promoting the organization’s mission, vision, and values. Due to the rapid growth of
alternative communication platforms, such as social media channels, and their use by our residents, it is
essential to create a strategic Communications Administrative Plan to assist the many employees and
Departments that communicate with the public. Since involving and informing the community is a
priority in the Los Gatos Town Council’s decision-making process, the ability to reach residents for their
input is extremely important.
The goal of the plan is to improve both external communications with the community and internal
communication among departments and employees.
The Town is committed to utilizing a variety of tools to communicate effectively with the media and the
public. The benefits include:
• Informing the public of the services the Town provides;
• Promoting the Town’s achievements, activities, and events of significance;
• Expanding the general visibility of the Town;
• Expanding the community’s involvement in decision-making processes;
• Ensuring that accurate information is conveyed to the public in emergencies and with issues of a
controversial and/or sensitive nature; and
• Creating and maintaining credibility and ensuring public trust.
In addition to procedural recommendations, this plan formalizes the role of the interdepartmental
Communications Team as an integral part of organizational communications by having each member
serve as a communications resource in their respective Departments and by meeting on a regular basis
to discuss ongoing and emerging communications issues. Appendix J identifies the Communications
Team members who contributed to the preparation of this Plan.
2. Communication Mission, Goals, and Objectives:
Town of Los Gatos Communication Mission:
• Provide timely, proactive, accurate, coordinated, and relevant public information using a variety
of channels to reach as many community members as possible and promotes the Town’s
values, demonstrates Town staff expertise, and results in high quality communication.
• Enhance communication with the residents and businesses in Town and the region by
proactively identifying emerging issues, improving long-range communication strategies, and
communicating key issues, policy decisions, and actions taken by the Town Council.
• Foster communication to enhance transparency and credibility with all stakeholders.
• Promote equal treatment, equitable distribution of and access to resources, and engagement in
issues affecting the lives of Los Gatos residents, workers, and visitors.
Goal, Objectives, and Principles:
The Goal of the Town Communication Administrative Plan is to provide guidance on the Town’s
expectations, practices, and outcomes for internal communications to Town employees and external
communications to the community, agencies, vendors, and other stakeholders interacting with the
Town of Los Gatos.
The Communication Administrative Plan strives to accomplish the following Objectives:
1. Support the Town Council’s Vision and Strategic Goals, especially by reporting to specific target
audiences on the components, activities, and programs that are advancing the Council’s
objectives;
2. Facilitate two-way dialogue between Town government and Los Gatos community members so
they have the opportunity to be actively engaged in decision-making and are aware of Town
services and activities;
3. Enhance communications at and among all levels of Town government, with the concept that all
elected and appointed officials and Town employees are communicators and ambassadors for
the organization on a day-to-day basis;
4. Ensure that all communications/marketing materials are coordinated and consistent in design
and content, thereby presenting a united and professional image of the Town; and
5. Position Los Gatos as a unique community and destination with a dynamic population and
quality of life, along with a local government that is responsive to its residents, while also
encouraging their participation.
Effective communications with the media and the public shall be accomplished both responsively and
proactively utilizing the following Principles:
Commitment to Collaboration
• Tell our story.
• Be proactive.
• Increase participation.
• Enhance accessibility to local government and the services the Town offers.
• Provide balance: Information provided to the public will be objective, balanced, accurate,
informative, and timely.
Commitment to Serving the Community
• Provide clear, relevant, and timely information about the Town and its services, projects,
achievements, and emerging issues.
• Foster public confidence through transparency of decision-making and outcomes.
• Increase transparency in all communication: The Town promotes openness and accessibility in
all communications, whilst complying with the law and maintaining confidentiality when
appropriate.
Commitment to Creativity
• Promote creative ways to tell our story to our audience.
• Stay abreast of emerging communication tools and techniques.
Commitment to Character
• Use consistent communications both internally and externally.
• Ensure communication is both accurate and timely.
• Provide the community an accurate idea of the Town’s responsibilities, current issues, and
opportunities.
• Protect and grow positive relations with all stakeholders.
• Promote honesty by being open and honest and never knowingly mislead the public, media, or
staff on an issue or news story.
3. Target Audiences
The process of identifying and prioritizing the Town’s target audiences is a key component of this
Communication Plan. Understanding the audience enables the Town to better relate to its social
environment and the unique needs of different groups.
• Residents/Businesses/Visitors of Los Gatos - The Los Gatos community is the highest priority
audience. Strengthening the relationship between Town government and residents, property
owners, businesses, and people who come to work, dine, shop, worship, or recreate in Town is the
foundation of this Communication Administrative Plan. The audience includes but is not limited to:
local businesses, residents, community-based organization (CBOs), faith-based organizations (FBOs),
schools, and all people who come to Los Gatos to dine, work, worship, shop, and recreate.
• Members of Town Council, Boards, Commissions, and Committees - While these individuals are also
residents of Los Gatos, it is important to recognize the work they do on behalf of the Town, and that
they communicate on behalf of the Town.
• Town Employees - People employed by the Town of Los Gatos are both part of the target audience
and are an integral part of the success of the Communication Plan. All employees reflect the values
of the Town in their daily work.
• News Media - The media outlets are important because their coverage of the Town has significant
influence on the public’s view of government. “Media outlets” include a variety of print, web, and
broadcast mediums.
4. Communications Team
Coordinated by the Town Manager’s Office, the Communication Team is an interdepartmental team
comprised of staff from all Departments and all levels of the Town organization who have responsibility
for public information. The Communications Team strives to ensure greater coordination for
consistency of messaging, sharing of resources and knowledge, and more effectively plan for, produce,
and distribute Town information.
The Communications Team is responsible for the development, implementation, and maintenance of
this plan. The Communications Team coordinates and enables the decentralization of communication
among Town Departments. The use of this decentralized organization for the implementation of the
Communication Administrative Plan compliments the principal of open communication. With
decentralization there must be a commitment by Team members to presenting a consistent, focused
message to the community.
The Communications Team is comprised of Town employees who are already producing and distributing
communications materials within their Departments. Each Department will be responsible for
identifying at least one representative for the Team. It will be the responsibility of the Department
representative(s) to ensure that the Communication Administrative Plan is promulgated and adhered to
within their Departments. The Team members are required to be abreast of best practices by affiliation
with media, communication organizations, and participation in relevant training. Team members should
track social media metrics to better understand what types of messaging is resonating with the
recipients.
The team will meet monthly and implement this plan utilizing a phased approach.
Town Manager
Communication Team
Department Team Members
Target Audience
Department Team Members
Target Audience
Department Team Members
Target Audience
Target Audience
5. Communication Tools – External
A. Branding and Use of Town Seal
i. The Town seal should be used on all formal, official Town documents and communications.
Examples of appropriate use of the Town seal include:
1. Profile photo for Town main social media accounts
2. Letterhead
3. Forms and applications
4. Slideshows and presentations
5. Town apparel worn by staff while on official Town business
6. Email signature blocks
ii. Specific guidelines for use of the Town seal, creating email signature blocks, and other
formatting specifics may be found in the “Formatting and Branding” Appendix.
iii. The new Town branding introduced in 2019 may be used for more informal marketing
and branding purposes. The design is simple, printer-friendly, and easily identified as
associated with the Town of Los Gatos on marketing and promotional materials. Examples
of appropriate use of the new branding include:
1. Social media graphics
2. Flyers, banners, and posters
3. Postcards and mailings
4. Promotional materials such as mugs or cups
5. Town apparel worn by staff either while on Town business or outside of work
6. Annual Report
iv. Specific guidelines for use of the new Town branding, including official fonts and Town
colors can be found in the “Los Gatos Visual Brand Guidelines” Appendix.
B. General Content Guidelines:
When creating or editing content on the official Town website and social media accounts, authorized
users shall:
• Be respectful, professional, ethical, and comply with all Town policies, local, State, and Federal
laws.
• Use plain language and proper grammar. Avoid technical terms or abbreviations unless there is
a common understanding of its meaning.
• Ensure the information communicated is accurate and complete. If a mistake is made, it should
be disclosed and promptly corrected.
• Be transparent, truthful, careful, and considerate. Keep in mind that once content is posted
online, it will remain in perpetuity.
• Stay current and be consistent with the goals of the Town.
When using official accounts, authorized users shall not:
• Post personal information, except for the names of Town employees whose job duties include
being available for contact by the public.
• Post something that makes them feel uncomfortable. Users should trust their instincts and
contact a supervisor with any concerns.
• Express personal views or concerns through postings.
• Reveal any confidential information as defined by any Town policy, or local, State, or Federal
law.
• Post anything that would infringe upon another’s property rights, such as copyrighted material.
• Post anything that would injure another person’s or entity’s professional or personal reputation.
• Post any content that engages in political or religious advocacy.
• Post any content that is prohibited (as listed below).
The following content is prohibited on all official Town accounts:
• Content unrelated to the Town or specified post topic.
• Violent and/or pornographic content.
• Content promoting discrimination on the basis of race, creed, color, age, religion, sexual
orientation, gender, disability, veteran status, national origin, or any other legally protected
class.
• Profane language or content.
• Solicitations of commerce, including but not limited to advertising of any business or product for
sale.
• Violations of any law, threats, and/or promotion of violence or illegal activity.
• Content compromising public safety or security.
• Content supporting or opposing any political candidate or campaign, including ballot measures.
• Content that violates a legal ownership interest of any other party.
• Apparent spam, content posted by automatic software programs (i.e., “bots”), or comments
containing links to malware and/or malicious content that affects the normal functioning of a
computer system, servers, or browser.
• Duplicate comments posted repeatedly within a short period of time.
• Personal attacks or comments containing actual defamation against a person, either as
determined by a court or comments that are patently defamatory by easily discovered facts.
• Private or personal information posted without consent.
C. Website:
The Town website represents the Town as a whole and serves as a primary means for the public to
obtain accurate information, complete business, find resources, and participate in Town
government. The website demonstrates the Town’s commitment to transparency and accessibility
to local government. The purpose of the Town website is to provide pertinent information to the
public, conduct business with the Town, and promote Town goals as guided by the Town Council.
The Town’s website provides useful and practical information available to residents, businesses, and
visitors.
i. WEBSITE USER DEFINITIONS
1. Website Administrator: Has the ability to edit the Town website in its entirety,
manage users, and grant permissions in consultation with the Department Director.
2. Website Back-End User: Has the ability to edit Department pages with direction
from the Department Director or Website Administrator.
3. Narrow Access User: Has the ability to edit only specific pages (i.e., Department
interns may be granted narrow access to specified Department pages)
ii. WEBSITE BEST PRACTICES
1. All requests for new Website Administrator and Website Back-End Users must first
be approved by the Department Director.
2. Each Department has the responsibility of maintaining and editing their own
webpages. Questions regarding user permissions or content should be directed to
the Town Manager’s Office.
3. Whenever possible, link to the source of information instead of creating a separate
document that would require oversight and updates.
4. Limit content to relevant Town-related material.
5. Department landing pages should have a brief introduction to the Department with
relevant links and a consistent appearance.
6. Reviews and updates to Department webpages should be done as needed and at
least annually.
7. Content added to the website should be designed to be as accessible as possible to
people with disabilities (see Appendix F).
8. Information should be accessible with the fewest “clicks” possible.
iii. EXTERNAL LINKS
1. Information and links from external sources posted on the Town website should
specifically address information regarding Town services, Departments, officials,
programs, safety and disaster preparedness, emergency alerts, meetings,
recognition, recruitment, history, community, and/or offerings specifically related to
or originating from the Town.
The Town may post Town-affiliated or Town-sponsored information from Town
Departments, Town government agency partners, relevant media outlets (local,
regional, State), and/or organizations that have co-sponsored an event with the
Town.
The Town may post information from non-profits providing housing or
philanthropical services in Los Gatos that the Town has partnered with or sponsored
an event with.
Events from non-profits providing housing or philanthropical services in Los Gatos
that the Town has not partnered with or sponsored the event with should not be
posted on the Town website.
The Town may post information from the official sites or accounts of local, State,
and Federal government or quasi-government agencies.
The Town reserves the right to deny requests to post external links or information
that do not fall into any of these categories.
2. The following links are prohibited on the Town’s official website:
a. Links to personal websites;
b. Links to commercial or religious websites (except as allowed by the
above criteria);
c. Links to sites associated with, sponsored by, or serving a candidate for
elected office, any political party, or organization supporting of
seeking to defeat any candidate from elected office or ballot proposal;
d. Links to websites with obscene or objectionable images or text;
and/or
e. Links which point to content on the Town’s intranet or other servers
inside the Town’s firewall.
D. Social Media:
Social media refers to websites and applications that enable users to create and share content.
Examples of current social media channels the Town utilizes are Facebook, Instagram, Twitter,
LinkedIn, and Nextdoor. Many people engage with the Town via social media. These channels are
important tools for the community to learn of events, obtain news, and receive emergency
notifications. The Town recognizes the importance social media to improve communication and
interaction with the public while reaching new and broader audiences in addition to traditional
media sources. The Town endorses the use of these tools, realizing the positive effect they can have
on employees, the community, and the business of the Town. It is critical that the information going
out on these social media channels is both engaging and accurate.
i. New Social Media Accounts:
1. Before opening new accounts, Town Departments and Town Boards, Commissions,
and Committees should check with the Town Communications Team for review and
for submittal to the Town Manager for approval.
2. Departmental accounts will be managed and maintained by the Department.
3. Town Board, Commission, or Committee accounts will be managed and maintained
by the Committee’s Town staff liaison. Committee members may be granted editing
rights to certain social media pages, and the liaison will maintain page
administrative rights.
4. Use of social media accounts by Town Boards, Committees, and Commissions is
subject to the Ralph M. Brown Act (California’s open meeting law).
ii. Authorized Social Media Users:
1. Only authorized staff may post on official social media accounts as authorized social
media users. Social media users are authorized by the Department Director and
Town Manager.
2. Authorized social media users will regularly review and comply with the Town’s
policies on use of official accounts including the Social Media Policy.
3. Authorized social media users should monitor, use, and interact on official accounts
only during regular work hours. This restriction does not apply to employees that
are classified as FLSA “Exempt.” In the event of an emergency incident, social media
users may be asked to monitor, use, and interact on official accounts outside of
regular work hours.
4. Social media requests for posting content on pages managed by the Town
Manager’s Office should be submitted by staff, in writing using the Social Media
Request form, to their Department Director. Once approved by the Department
Director, social media requests are routed through the Town Manager’s Office for
posting. Please see the “Social Media Request Form” Appendix and this form is
available on the Town’s Shared Drive.
5. Authorized Department staff may post on official social media accounts using the
Tier System outlined below as a guide:
Tier 1 (Post freely as needed)
b. Safety – Road closure, inclement weather, public health and
safety concerns, upcoming construction, etc.
c. Town Information/Meetings/Programming/Events – Special
events, Town programs and services, upcoming meetings,
recognition, recruitment, etc.
d. Community – Parks and trails, Los Gatos history, available Town
services, etc.
e. How to – Contact a specific Department, apply for a permit,
view a Council meeting, etc.
Tier 2 (Requires Supervisor/Director/Potentially Town Manager
Approval)
f. Information that requires research and interpretation or is
highly controversial or politically charged.
Tier 3 (Requires Town Manager Approval)
g. Critical Incident
h. Press Release
iii. Interacting with Other Social Media Accounts
1. As a general rule, the Town social media accounts only follow social media accounts
associated with Town business. The Town should not endorse individuals or specific
businesses. However, interacting with other social media accounts can be a useful
tool in informing residents about Town activities, policies, and issues. Authorized
social media users should use sound judgment when interacting with other social
media accounts because those interactions may be easily misinterpreted.
Interacting or sharing, as used in this document, includes, but is not limited to:
“likes,” “tweets,” “posts,” or “following” on social media platforms.
a. The Town should not like or follow the accounts of individual
community members or campaign accounts.
b. It is acceptable for the Town to follow social media accounts of other
public municipalities, public agency partners (i.e., County Fire
Department), local non-profit groups or organizations providing
housing or philanthropic services in Los Gatos, or local businesses.
2. When considering interacting with non-Town social media accounts consider the
following:
a. Read all information in the original and any other relevant post,
tweet, or link thoroughly before interacting with it to ensure that it
accurately enhances community knowledge about Town activities,
issues, policies, and priorities. If the content does not specifically
address the Town, it should be of relevant regional interest to the
particular official account’s audience.
b. Provide information that is consistent with the Town’s goals.
c. Clearly identify the external source of the information (post, tweet,
link, etc.)
3. Authorized social media users are encouraged to interact with other social media
accounts operated by the Town, other government agencies, or businesses that are
promoting the Town’s projects or goals. The following are some examples of
appropriate accounts for comments, likes, or post sharing:
a. Other governments or quasi-government agencies relevant to the
subject matter.
b. Individual pages of Town Departments (i.e., Police Department,
Library), Town government agency partners, and/or organizations
that are under contract with the Town for programming (e.g., Music in
the Park, Los Gatos-Saratoga Recreation, etc.
c. Non-profit organizations providing housing or philanthropic services
in Los Gatos (The Town may post information from non-profits
providing housing or philanthropical services in Los Gatos with whom
the Town has a contractual partnership. Information from non-profits
providing housing or philanthropical services in Los Gatos that are not
in a contractual partnership with the Town may be “shared” on the
Town’s social media accounts, but not posted directly to the Town’s
social media accounts.).
d. Relevant media outlets (local, regional, state).
e. Utility, energy, water, recycling, waste management and/or other Los
Gatos service providers. Examples include: PG&E, Silicon Valley Clean
Energy, West Valley Collection & Recycling, etc.
iv. Managing Public Comments:
1. The goal of utilizing social media accounts is to keep the community engaged, and to
position the Town as a reputable and reliable source of timely and accurate
information. Therefore, questions, comments, and direct messages via the Town’s
social media channels should be responded to as promptly as possible. When
comments appear rude in nature, one polite response should be provided; do not
engage in a back and forth with the user.
2. Public comments are allowed on official accounts. To the extent possible, an
appropriate legal disclaimer should be posted to the account. An example of the
legal disclaimer is as follows:
“This page and/or account is intended to serve as a means of communication
between the public and the Town of Los Gatos. Comments posted to this page
and/or account will be monitored during regular Town business hours only. The
Town reserves the right to remove comments that include any of the following:
language that is profane, discriminatory or sexual in nature, or threatens or defames
any person or organization, or violates the legal ownership rights of another party,
or supports or opposes political candidates or ballot measures, or encourages or
promotes illegal activity, or solicits or promotes commercial services or products, or
contains comments that are not typically related to the particular post being
commented upon, or compromises the safety or security of the public, public
systems, or Town employees. Any content posted to the page and/or account is
subject to public disclosure. Town of Los Gatos Facebook page is a department (or
an office) of the Town of Los Gatos, www.losgatosca.gov. This page and/or account
is intended to serve as a means for communication between the public and
department/office. Any comment submitted to this page and/or account and its list
of fans, followers, and/or likes may be considered a public record that is subject to
disclosure pursuant to the California Public Records Act.”
3. Individuals shall not be blocked and content on official accounts shall not be deleted
simply because they are critical of the Town, its officials, or employees, or because
the agency or authorized user otherwise dislikes what the content says or
represents. Content may be deleted only when it violates the Town Social Media
Policy. Any content removed from an official account must be approved by the
Town Manager in conjunction with the Town Attorney and retained in accordance
with the California Public Records Act.
4. Freedom of speech should be protected on all posts. In general, comments should
not be deleted unless absolutely necessary. Threats should not be deleted and
should instead be forwarded to law enforcement. Comments should generally be
allowed on all posts. Keywords should not be blocked. Hiding comments decreases
public transparency and should not be done. Keep in mind that the public is able to
recognize internet “trolls.”
5. Content that violates the social media platform’s guidelines may be reported
directly to the platform.
6. Any content published on an official account may be considered a public record for
purposes of the California Public Records Act and subject to the Town’s Records
Retention Policy.
v. Use of Images:
1. Any photos of the public posted to Town social media accounts must be taken in a
plainly visible public space without a reasonable expectation of privacy, unless
consent for the photo to be used on social media has been given. People may be
asked for permission to use their photos on Town social media when possible. A
Photo Release Form may also be signed when appropriate. Please see “Photo
Release Form” Appendix.
2. No images should be posted that infringe on property rights, such as those
protected by copyright.
3. Town events, activities, and programs should have the following information posted
so that photographs may be used on social media:
“By entering event premises you consent to photography, video, and audio recording
and their release to be used for print, website, advertising and/or social media for
promotional purposes by the Town of Los Gatos staff or representatives. Images and
video may be used to publicly highlight events or promote similar future events for
the Town of Los Gatos. By entering the event premises you waive all rights you may
have to any claims in connection with use, publication, print distribution, and/or
digital distribution, of these images or recordings for promotional purposes. You
release the Los Gatos Library and the Town of Los Gatos, its officers and employees,
and all persons involved from any liability connected with the taking of images, the
recording of audio and video, and their publication. You have been informed of your
consent, waiver of liability, and release before entering the event.”
vi. Emojis, Hashtags and Other Trends Unique to Social Media:
The Town is walking a delicate line between professionalism and engagement, using the
clearest method available to convey the message. Some trends (i.e., hashtags) are
beneficial for users and staff to search for content or to share content with an appropriate
audience, so it’s acceptable to use them when appropriate.
vii. Best Practices:
1. The Town’s social media communications should drive people to the Town’s website
for more in-depth information.
2. If a question or comment is common knowledge or within the social media user’s
area of expertise, they should answer the question or respond to the comment.
3. If a question would be better answered by another staff member, refer the question
to that person. If a timely response is received, provide both the response and
contact information for the appropriate Department in the reply. If a timely
response is not received, provide the appropriate Department’s contact information
and alert them to the question.
4. In the case of a controversial comment, highly-charged political comment, or a
comment that requires a response from a Director level or above, forward the
comment to the Director and copy the Town Manager.
5. Give credit where credit is due - if citing other site’s content, indicate where the
content came from.
6. Social media passwords should be changed at least once per year for security.
7. All social media accounts should include a link to the Social Media Policy.
8. The Town should adhere to all rules/guidelines of the social media platforms used
for Town social media accounts. For example, Facebook does not allow “dummy”
accounts to be used to manage official Government pages. If the platform’s
guidelines are not followed, the Town risks losing access to its Town social media
accounts.
viii. Personal Use of Social Media:
While the Town does not monitor employees’ personal social media accounts, the following are
suggested guidelines to follow when referring to the Town in order to ensure a distinction
between sharing personal and agency views/information.
1. While employees may voluntarily choose to engage with the Town on its official social
media accounts, the Town does not require any employee to follow or “like” official
social media accounts.
2. The Town does not condone the personal use by employees of social media during
the working hours by any means, including by using Town-owned equipment.
Employees have no right or expectation of privacy when using Town-owned devices or
systems. The Town reserves the right to monitor, search, or disclose employee use of
Town resources.
3. 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 Town.
Employees should make certain that it does not appear that they are speaking or
posting for the Town unless authorized to do so.
4. The personal use of social media by an employee in a manner that violates any Town
policy or procedure will not be tolerated and may be grounds for disciplinary action.
Employees are expected to comply with the same ethical and performance standards
online as in the workplace. Using social media in a way that adversely impacts a job, co-
workers, the Town, or the public is prohibited. Employees may not use their official
Town email address to create or maintain any personal social media accounts or sites.
5. Employees may not post any content on the internet or social media that constitutes
or contains Town confidential, proprietary, privileged, private, personal, or other non-
public information.
6. Employees are prohibited from using the Town logo or seal, representing the Town,
or representing that they speak on behalf of the Town within their personal social media
accounts or sites. 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 Town, and do not necessarily represent the views and opinions of the
Town.
E. Staff Reports:
Staff reports should demonstrate skills in strategic and creative thinking, analysis, and communication.
They should tell the Town’s story and serve as a legacy. Available online, staff Reports are read by Town
Council, Board/Committee/Commission members, Town staff, and the general public. Staff reports
should also serve as the primary way for employees to communicate with the Town Council. Any email
communications with Council Members should go through the Town Manager with copy to the
appropriate Department Director.
Before beginning to write a staff report, employees should consider the topic, the audience, and the
required action. Examples of required actions could be for the Council to receive information, approve
or deny a request, adopt resolutions or ordinances, or act on other Town business.
Staff reports should be written using the staff report template with subheadings. A question and
answer format may be best for complex items. All relevant topics should be referenced, including
analysis, alternatives, recommendations, coordination with other Departments, environmental review,
and community input. The overall goal of the staff report should be to “tell the story” and help the Town
Council make the informed decisions for the community. For a sample template, please refer to the
Clerk Department.
F. Media Inquiries:
Per the Town Council Code of Conduct Policy, the Mayor is acknowledged as the official Town
spokesperson. When media inquiries are received, they should be forwarded to the Town Manager who
in turn will reach out to the Mayor. Depending on the nature of media inquiry, the Mayor may opt to
delegate a response to the Town Manager who in turn may delegate a response to subject matter
experts within the Town.
6. Current Communication Tools – Internal
Internal communications form a foundation that impacts the total performance of an organization. An
open culture that encourages dialog, trust, and camaraderie at all levels fosters enhanced staff
effectiveness, improved morale, and increased engagement with external stakeholders.
i. Organizational Values:
The Town’s organizational values form a basis for internal and external communications. These are:
ii. Objectives:
The key objectives of Town internal communications are:
a. Trust: Create a culture of trust, transparency, and shared vision to enhance service
performance.
b. Culture: Develop communications that foster an atmosphere conducive to open, honest, and
respectful communication among all employees.
c. Resources: Provide employees with tools to support them as contributors to the Town
organization and empower them to deliver service excellence to the community.
d. Engagement: Build employee awareness and engagement through communication of the
Town’s vision and priorities, service and accomplishments, as well as legacy and history.
iii. Information Flow:
Information flow should be prioritized at all levels of the Town. The Town Manager should keep the
entire organization and Town Council abreast of issues and policies which impact the Town
organization.
Directors and managers should regularly communicate policy and big picture decisions that affect the
Department to staff in a way that reflects the values and objectives mentioned above. Directors should
ensure their staff is equipped with the information, training, knowledge, and tools they need to perform
their duties as expected. Departments and Directors should meet on a regular schedule (at least
monthly) to share information and work collaboratively.
Interdepartmental communication and collaboration is also an essential function of the Town.
Departments should leverage technology as a productive internal communication tool (i.e., Microsoft
Teams groups, chats, teleconference calls, email, etc.). Each Department should have at least one staff
member present at regular Town Communication Team meetings to serve as a communication liaison
for that Department.
iv. Training:
Department Directors should foster the career development of their employees through relevant
training, support tools, and other resources. Staff members who regularly interact with the public
should be supported with training to strengthen customer service, resolving difficult situations, and
other key communication skills. Inter-Department mentoring and job shadowing is another option to
promote growth. As circumstances permit, employees may consider regional training programs, such as
the Santa Clara County Leadership Program and the Leadership Los Gatos Program. The Human
Resources Department periodically offers Town-wide training and each Department is encouraged to
find relevant training for its staff.
7. Justice, Equity, Diversity, and Inclusion in Communications
The Town of Los Gatos is committed to inclusivity and all Town Departments shall use a lens of justice,
equity, diversity, and inclusion in their work. This commitment to inclusivity should be reflected in all
internal and external communications.
a. Gender Neutrality.
Gender-neutral language should be used to avoid word choices which may be interpreted as biased,
discriminatory, or demeaning by implying that one sex or gender is the norm. References to binary
male and female groupings can be alienating for those who don’t fall neatly into one of those
categories. Even for people who do identify as male or female, constant reminders of gender may
have an impact and may change the perception of men and women as more different than they
really are. Some examples of gender-neutral language are as follows:
1. Use the pronoun “they” for a single person instead of “he” or “she.” Using “he” or
“she” requires us to assign a gender to an individual and you cannot always guess
someone’s preferred pronoun by their appearance or name.
2. Refrain from using “Mr,” “Ms,” “Mrs,” or “Miss.” “Mx” provides an alternative to
being identified by gender.
3. When referencing family members, use gender-neutral terms like “partner,”
“sibling,” and “child.”
4. Use gender-neutral form of occupations such as flagger, server, mail carrier, police
officer, fire fighter, Council Member, or flight attendant.
b. Freedom of Speech and Hate Speech.
The Town welcomes differences of opinion and will work to ensure everyone’s rights to free speech.
However, hate speech in any form will not be tolerated. Hate speech is understood as any kind of
communication in speech, writing, or behavior that attacks or uses pejorative or discriminatory
language with reference to a person or group on the basis of their religion, ethnicity, nationality,
race, descent, gender, disability, or other identity factor. This is often rooted in and generates
intolerance and hatred and can be demeaning and divisive.
Hate speech is a menace to social stability and peace. As a matter of principle, the Town must
confront hate speech at every turn. Addressing hate speech does not mean limiting or prohibiting
freedom of speech; instead, it is critical to keep hate speech from escalating into something more
dangerous, particularly incitement of discrimination, hostility, and violence.
Any observed hate speech should be immediately reported to the Town Manager and Town
Attorney.
c. Graphic Design.
Graphic design should represent the audience it is speaking to and be broad, diverse, and inclusive.
Graphics that are used on the Town website, social media platforms, and elsewhere should
represent people of different races, ethnicities, nationalities, cultures, disabilities, gender,
sexualities, ages, economic status, and religions.
d. Diverse Outreach.
Any public outreach should be directed at all community members, regardless of income, religious
or political affiliation, race, color, gender, disability, religion, or national origin. Diversity and
inclusion efforts must be bolstered by a strong culture of civic engagement in the Town’s decision-
making processes. When applicable, communications should engage all members of the public,
including individuals and groups who have not typically been involved in Town decision-making and
civic life. Town staff should consider collaborating with local organizations and partners to share
information and strengthen historically marginalized communities’ capacity to participate in local
planning, governmental affairs, and policy decision-making. Public outreach should convey that Los
Gatos is a place where all should feel welcome and where the dignity, health, rights, and privacy of
all residents, businesses, and visitors are respected. Public communications should promote equal
treatment, equitable distribution of and access to resources, and engagement in issues affecting the
lives of residents, workers, and visitors.
e. Accessibility.
Every effort should be made to ensure communications are as accessible as possible. The Town shall
ensure that it complies with all applicable provisions of the Americans with Disabilities Act (ADA).
Accessible communications benefit all audiences by making information clear, direct, and as easy to
understand as possible. People have different communication needs, and by developing Town
materials accordingly, the Town can reach a broader audience and give more people the
opportunity to communicate with the Town. All Town communications should be as effective for
individuals with disabilities so that they derive the same result, benefit, or level of achievement in
Town programs, activities, and services as provided to persons without disabilities.
1. Face-to-Face Situations. When you meet a person who may have a disability that
affects their communication, treat them with respect and make eye contact. Speak
naturally and clearly. Always politely tell the person if you do not understand their
message.
a. If the person is hearing impaired, make sure they can see your mouth and
that you are in a well-lit environment.
b. If the person has a communication assistant, speak directly to the individual
and not just the assistant.
c. If the person uses a communication device, be patient and wait for them to
construct their message. Do not rush them.
d. If the person has difficulty understanding you, try writing the words down or
using pictures or diagrams.
e. You may ask what you can do to make communication go smoothly if it is
not clear.
2. Written Communications. Use plain language when producing written information.
Plain language is a style of writing that uses everyday language at approximately a
fifth-grade reading level. It uses short, simple words and sentences that are no
longer than about 15 words. Some people may need reading materials in alternate
formats such as large print or electronic copy. Some people may need human
assistance to support them to read and understand a document.
3. Public Meetings. The need for translation services at Town events and meetings can
be provided if notified in advance, including the types of services and requested
languages.
4. Town Website. Website content must be robust enough that it can be interpreted
reliably by a wide variety of user agents (browsers, software, etc.), including
assistive technologies. For best practices regarding how to design the Town website
content to be as accessible as possible, please see the Appendix “Website
Accessibility Best Practices.”
8. Emergency and Crisis Communications:
Declared Emergencies and Emergency Operation Center Activation
1. In non-Police Department related emergencies and disasters, the Public Information
Officers (PIOs) from the Management Section of the Town’s Emergency Operations
Center (EOC) will assume management for communications. In these
circumstances, emergency communications will be coordinated in alignment with
Section 6 of the Town of Los Gatos Emergency Operations Plan (EOP).
2. In addition, the Town makes emergency preparedness information available to the
Town of Los Gatos community through social media and the Town website. Further,
the Town Manager’s Office will provide special emphasis on specific hazards
throughout the calendar year, aiding in the disaster preparation and education of
the communities within the Town.
3. In emergencies that require mass notification the Los Gatos-Monte Sereno Police
Department (LGMSPD) will utilize Nixle, AlertSCC, and Twitter following their
internal protocols for mass notification.
4. In addition to the mass notification capabilities of the LGMSPD, in the event of
emergencies the Town may request mass notification form the Santa Clara County
Office of Emergency Management and Santa Clara County Fire Department.
9. Appendix:
A. Formatting and Branding specifics
B. Visual Brand Guidelines (colors and new logo)
C. Writing Guide (from General Plan)
D. Social Media Policy
E. Accessibility Best Practices
F. Social Media Request Form
G. Photo Release Form
H. Staff Report Sample Template
I. Electronic Communications and Internet Technology Resources Procedure
J. Communications Team Members Who Participated in the Preparation of this Plan
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City of Cupertino
Social Media Policy
Attachments:
Effective Date:
5/12/2020
Responsible Department:
City Manager’s Office
Related Policies & Notes:
Prior versions: 2012
1. Purpose
This Social Media Policy establishes guidelines for the creation and operation of Social Media
Accounts by the City of Cupertino (“City”) to ensure that the public has access to timely, useful,
and important information. The intended purpose of these City Social Media Accounts is to
disseminate information regarding the City’s mission, meetings, current issues, programs,
projects, services, and events.
2. Definitions
“City Social Media Account” means an account on Social Media authorized by the City as
described in this policy.
“Elected/Appointed City Officials” means City Councilmembers and people appointed by the
Council to serve on an advisory body (e.g., commission, committee, task force).
“Post” means the addition of information of any kind (e.g., text, links, photos, videos) to Social
Media.
“Public Comment” means a Post made in connection with a City Social Media Account by anyone
other than an authorized member of City Staff.
“Social Media” means publicly accessible technologies used to publish and/or share information
using the Internet. Examples of Social Media include: Facebook, blogs, OpenGov, YouTube,
Twitter, Linkedln, Instagram, and Nextdoor.
“Staff” means the City Manager and all subordinate employees of the City under his or her
jurisdiction, whether directly or through department directors.
3. Staff Authority
City Staff shall operate City Social Media Accounts and Post items on behalf of the City to Social
Media only as authorized by the City Manager or his/her designee(s), including the
Attachment 4
Communications Officer. The City Manager or his/her designee(s) will maintain a list of all
authorized City Social Media Accounts, including the log-in information and the
staff/department(s) authorized to Post to those accounts.
4. Elected/Appointed City Officials
Elected/Appointed City officials will not Post items on behalf of the City to Social Media. If
Elected/Appointed City officials have their own Social Media accounts, the City recognizes that
they may elect, in their individual capacity, to Post items relevant to City business. In such
situations, the City’s existing rules and practices provide that Elected/Appointed City Officials
shall make clear that they are speaking for themselves, not for the City or for their
elected/appointed body. Elected/Appointed City Officials shall individually ensure they comply
with all applicable laws (e.g., free speech laws, the Brown Act, public records laws, Municipal
Code, etc.). For example, Elected/Appointed City Officials should be careful not to use Social
Media (e.g., “post” “like” “share” “retweet”) in a manner that could constitute an improper serial
meeting or otherwise violate the Brown Act.
5. General Guidelines
City Staff shall follow these general guidelines when Posting items to Social Media and/or
operating the City’s Social Media Accounts:
5.1 The City’s official website (cupertino.org) will remain the City’s primary means of digital
communication. Whenever possible, Posts on City Social Media Accounts should contain
hyperlinks directing users back to the City's official website for in-depth information,
forms, documents or online services necessary to conduct business with the City.
5.2 Limit Posts to dissemination of information about the City (e.g., City-sponsored or City-
endorsed programs, services, and events). Content may include information, photographs,
videos, and hyperlinks.
5.3 Make clear when a Social Media Account is operated by the City. City Social Media
Accounts should include the name of the City and/or its official logo.
5.4 Ensure this Social Media Policy is displayed on all City Social Media Accounts or made
available by hyperlink.
5.5 Posts will supplement, not replace, legally required notices and standard methods of
communication.
5.6 Posts must contain information that is freely available to the public and cannot be
confidential as defined by any City policy or state or federal law.
5.7 Posts may not contain any personal information, except for the names of employees whose
job duties include being available for contact by the public.
5.8 Posts must be professional, respectful, and factual.
5.9 Ensure all necessary permissions have been obtained for Post (e.g., photos).
5.10 Ensure Posts reflect the views of the City. All content is subject to oversight by the City’s
Communications Office.
5.11 Regularly visit and maintain all authorized City Social Media Accounts.
5.12 Promptly close any City Social Media Accounts that are no longer needed/active.
5.13 Comply with usage rules and regulations required by third party providers of City Social
Media Accounts, including privacy policies.
5.14 Post during normal business hours. After-hours or weekend Posts shall only be made with
approval of the City's Communications Officer or his/her designee.
5.15 Comply with all applicable City policies pertaining to communications and the use of the
internet by employees, including email content.
6. Content Guidelines for Public Comments
The City’s Social Media Accounts are considered limited public forums moderated by City Staff.
Public Comments containing any of the following inappropriate forms of content shall not be
permitted in connection with a City Social Media Account and are subject to removal and/or
restriction by the City:
6.1 Content unrelated to the City
6.2 Violent and/or pornographic content
6.3 Content promoting discrimination on the basis of race, creed, color, age, religion, sexual
orientation, gender, or national origin
6.4 Profane language or content
6.5 Solicitations of commerce, including but not limited to advertising of any business or
product for sale
6.6 Violations of any law and/or promotion of illegal activity
6.7 Content compromising public safety or security
6.8 Content supporting or opposing any political candidate or campaign, including ballot
measures
6.9 Content that violates a legal ownership interest of any other party.
City Staff shall obtain authorization from the City's Communications Officer, who will consult
with the City Manager and City Attorney as appropriate, before removing and/or restricting
Public Comment based on these guidelines. Any Public Comment removed based on these
guidelines shall be retained in a manner consistent with the City's document retention policy.
Any Public Comment posted to a City Social Media Account is the opinion of the commenter. The
presence of that content in connection with a City Social Media Account shall in no way imply
City endorsement of, or agreement with, the content.
7. No Liability/Guarantee
The City operates its Social Media Accounts as a public service to provide information about the
City. The City assumes no liability for any inaccuracies its Social Media Accounts may contain
and does not guarantee its Social Media Accounts will be uninterrupted, permanent, or error-free.
All users of Social Media should review and understand all applicable privacy and other policies,
including those established by third parties. City Social Media Accounts 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 Accounts by
anyone other than the City.
8. Records
City Social Media Accounts are subject to the California Public Records Act. Any content
maintained on a City Social Media Account that is related to City business, including Posts, Public
Comment, and information about subscribers/followers, may be considered a public record and
subject to public disclosure.
9. Policy Revisions & Reserved Rights
This policy may be revised by the City Manager at any time. The City reserves the right to
terminate any City Social Media Account at any time without notice. The City also reserves the
right to implement or remove any functionality of its City Social Media Accounts.
City Manager’s signature: ___________________________________ Date: _______________
5/12/2020
CITY OF LOS ALTOS SOCIAL MEDIA POLICY
PURPOSE
The purpose of the City’s social media communication is to provide expeditious and consistent
information to the Los Altos community about City government, services and activities. By participating
in social media, the City can enhance its engagement with the community.
PUBLIC RECORDS ACT COMPLIANCE
There is no expectation of privacy on any of the City’s social media sites. All information posted or
displayed on any City of Los Altos social media site is subject to the California Public Records Act (CA
Government Code §6250 through 6276.48) and Article 1, Section 3 of the California Constitution. Any
content held on an official City of Los Altos profile or post related to City business, including subscriber
lists and posted information, is deemed a public record. City of Los Altos social media profiles are on
public sites and are subject to public disclosure upon request.
CONTENT AND COMMENT GUIDELINES
1. Content posted to City social media sites, including comments, shall not include the following:
a. Comments not related to the original topic, including random, unintelligible, or false comments;
b. 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;
c. Profane language or content;
d. Comments in support of, or in opposition to, any political campaigns, candidates, or ballot
measures;
e. Threats to any person or organization;
f. Sexual content or links to sexual content;
g. Solicitation of commerce;
h. Engagement in, or encouragement of, illegal activity;
i. Information that may compromise the safety or security of the public or public systems; or
j. Content that violates a legal ownership interest of any other party.
2. The City disclaims any and all responsibility and liability for any materials that the City deems
inappropriate for posting, which is not removed in a swift and otherwise timely manner. The City
shall not remove any comment or posting by a member of the public that is critical of the City,
elected officials, appointed officials and/or staff unless comment or post contains any content
prohibited by this policy.
3. A comment posted by a member of the public on any City social media site is the opinion of the
commentator or poster only, and publication of a comment does not imply endorsement of, or
agreement by, the City of Los Altos, nor do such comments necessarily reflect the opinions or
politics of the City of Los Altos.
Attachment 5
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CITY OF MONTE SERENO SOCIAL MEDIA POLICY
ADOPTED JANUARY 21, 2019
Purpose
The City of Monte Sereno has an overriding interest and expectation in
deciding what is “spoken” on behalf of the city through use of social
media sites. This social media policy establishes guidelines for the
establishment and use of social media by the city as a means of
conveying information about the city, it’s events, and activities to
residents.
The intended purpose behind establishing City of Monte Sereno social
media sites is to disseminate information from the city, about the city, to
residents. Nothing in this policy shall be applied to prohibit or infringe
upon any communication, speech or expression that is protected or
privileged under law. This includes speech and expression protected
under state or federal constitutions as well as labor laws or other
applicable laws.
General Policy
1. City social media sites should make clear that they are
maintained by the City of Monte Sereno and that they follow the
city’s social media policy.
2. Wherever possible, city social media sites should link back to the
official City of Monte Sereno website for forms, documents, online
services, and other information necessary to conduct business with
the City of Monte Sereno.
3. Designated Social Media Administrator(s) will monitor content on city
social media sites to ensure adherence to both the city’s social
media policy and the interest and goals of the City of Monte Sereno.
Attachment 6
4. The city reserves the right to restrict or remove any content that is
deemed in violation of this social media policy or any applicable law.
Any content removed based on these guidelines must be retained
by the designated Social Media Administrator(s) for a reasonable
period of time, including the time, date and identity of the poster,
when available.
5. These guidelines must be displayed to users or made available by
hyperlink.
6. The city will approach the use of social media tools as
consistently as possible, city-wide.
7. The City of Monte Sereno’s website at http://
www.cityofmontesereno.org will remain the city’s primary and
predominant Internet presence.
8. All city social media sites shall adhere to applicable federal, state
and local laws, regulations and policies.
9. City social media sites are subject to the California Public Records
Act. Any content maintained in social media format that is related to
city business, including a list of subscribers, posted communication,
and communication submitted for posting, may be a public record
subject to public disclosure. For Public Records Act requests, please
contact the City Clerk’s office directly.
10. Comments on topics or issues not within the jurisdictional purview of
the City of Monte Sereno may be removed.
11. Employees representing the City government via city social
media sites must conduct themselves at all times as a
representative of the city and in accordance with all city policies.
12. The Monte Sereno Social Media Policy may be revised at any time
by a majority vote of the city council.
Comment Policy
1. As a public entity the city must abide by certain standards to
serve all its constituents in a civil and unbiased manner.
2. Comments or content containing any of the following inappropriate
forms of content shall not be permitted and are subject to removal
and/or restriction by the city:
1. Comments not related to the business of the city (or specific
department if department-specific site), or not relevant to the
original topic.
2. Violent, profane, obscene or pornographic content and/or
language.
3. Content that promotes, fosters or perpetuates discrimination
on the basis of race, creed, color, age, religion, sexual
orientation, gender, or national origin.
4. Content that threatens or defames any person or
organization.
5. Content that is hateful or incites violence.
6. Solicitation of commerce, including but not limited to,
advertising of any non-government related event, or
business or product for sale.
7. Conduct in violation of any federal, state or local law.
8. Encouragement of any illegal activity.
9. Information that may tend to compromise the safety or
security of the public or public systems.
10. Content that violates a legal ownership interest, such as a
copyright, of any party.
3. A comment posted by a member of the public on any city of Monte
Sereno Social Media site is the opinion of the commentator or
poster only, and publication of a comment does not imply
endorsement of, or agreement by, the City of Monte Sereno, nor do
such comments necessarily reflect the opinions or policies of the
City of Monte Sereno.
4. The City of Monte Sereno reserves the right to deny access to
City of Monte Sereno social media sites to any individual, who
violates the City of Monte Sereno’s Social Media Policy, at any
time and without prior notice.
5. Designated Social Media Administrator(s) shall monitor city social
media sites for comments requesting responses from the city and
for comments in violation of this policy. The city shall use its
discretion in determining when to reply publicly versus replying
privately or not replying at all.
6. When a City of Monte Sereno employee responds to a comment
in his/her capacity as a City of Monte Sereno employee, the
employee’s name and title should be made available, and the
employee shall not share personal information about himself or
herself, or other city employees.
7. All comments posted to any social media sites maintained by the
City of Monte Sereno are bound by the Terms of Service.
Reporting/Removal of Unauthorized Comments
The city requires that designated Social Media Administrator(s)
immediately notify the City Manager’s Office if there is any posted material
that may be inappropriate, violates this or any city policy, is illegal, or that
potentially infringes the copyrights or other rights of any persons. The City
Manager’s Office will investigate and respond to all reports of potential
violations of this policy.
Any content removed based on these guidelines must be retained by the
sponsoring department for a reasonable period of time, including the time,
date and identity of the poster, when available. Upon removal of content,
the Social Media Administrator shall notify the commenter that their
response has been deemed inappropriate and removed due to
inconsistency with the city’s content requirements.
The city reserves the right, at any time and without prior notice, to deny
access to the social media site to any individual who violates this policy.
Terms of Service
Each type of social media maintains a “Terms of Use” agreement. All
comments posted to any city social media site are bound by these “Terms
of Use” and the city reserves the right to report any user violation.
Social Media Use by Employees, City Council Members, and
Commissioners on Non-City Sites and Accounts. The City of Monte
Sereno does not and cannot restrict the exercise of its employees,
council members, and commissioners freedom of speech.
Notwithstanding the foregoing, it is recommended employees, Council
Members, and commissioners observe the following:
1. California laws, including the Brown Act, strictly limit certain
communications involving multiple council members/
commissioners outside of formal, properly noticed public
meetings. For more information see:.
https://www.cacities.org/Resources-Documents/Resources-
Section/Open-Government/Open-Public-2016.aspx.
2. Employees, council members and commissioners should make it
clear in their personal postings and discussions that their
communications and opinions do not represent the city. It is
recommended that where possible such postings include the
following disclaimer:
Disclaimer: The information contained in this post represents my
personal opinions as a resident of Monte Sereno. It should not be
construed as representing the official position of the City of Monte
Sereno. Public comments and discussion are welcome, however,
California State Law (The Brown Act) greatly limits the extent to
which council members and commissioners may discuss items
coming before the city outside of official council meetings.
Therefore, other council members are precluded from participating
on this comment thread. If other council members are not
participating, this is the reason.
3. Before initiating or engaging in a discussion online regarding city
business, council members should be cautious of serial discussions
and/or creating an “unnoticed” public meeting. In addition, when
posting in an official capacity, all comments posted must be in
compliance with the Monte Sereno Code of Ethics, City Council Role
Vision and Values document, and any other subsequent city or
council policy regarding conduct for employees, commissioners, and
council members.
4. Trolling, defined as creating discord on the internet by starting
quarrels or upsetting people by posting inflammatory or off topic
messages in an online community, is prohibited in connection to
Monte Sereno City business or council policy. “Thanking” or “liking”
or other emoting on posts by others is highly discouraged.
5. Be aware that comments on others’ postings as well as “thanks”
and “likes” may implicate the Brown Act.
6. When posting about a topic that is controversial or coming before
the Council/Commission, the Council Member/Commissioner
posting should remain objective, unbiased and indicate they are
maintaining an open mind and will make a final decision after a
formal noticed meeting. Commissioners and council members
should be mindful of due process concerns regarding matters that
have the potential to come before the council or commissions.
7. When an employee or city council member/commissioner
engages in public social media discussion on controversial or
potentially controversial matters which come before or are likely to
come before the city council, it is strongly recommended that the
participant capture relevant comment threads and forward such
communications to the City Manager or at minimum, to the
participant’s own City of Monte Sereno email account so that such
communications are captured and preserved in case there are
future questions about whether or not such matters are covered
under public records maintenance requirements, the Brown Act or
other laws.
8. Council members/commissioners and city employees are welcome
to share informational postings on subjects which are not
controversial or which do not represent matters under consideration
by the council/commissions or matters likely to come under
consideration by the council/commissions. However, if there is any
concern about whether such matter falls within the Brown Act or
other legal limitations, the council members/ commissioners and
employees should exercise discretion, follow the suggestions above,
and/or check with the City Manager or City Attorney before posting.
Social Media Use Policy
City of Gilroy
Adopted on February 28, 2022
Attachment 7
2
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
3
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.
4
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.
5
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.
6
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.
7
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.
This Page Intentionally Left Blank
This form drafted by Communications Counsel Inc. in conjunction with Government Social Media LLC based on a review of relevant caselaw as of March 2022. This is not legal advice. No attorney client relationship is formed. Consult your agency lawyer for legal advice in your state.
Attachment 8
1
Model Government Social Media Terms and Conditions for Users PURPOSE. Because many of our citizens and other stakeholders utilize social media for news and communications, [Agency] has developed its own social
media accounts, which help us inform the public about our work and mission.
[Agency] has an important interest in assuring the accuracy and consistency of
information associated with our social media sites. We also respect the First
Amendment to the U.S. Constitution and the constitutional right to freedom of
speech. These terms and conditions establish guidelines for the public’s use of
social media that balances these values.
DEFINITIONS 1. “Social media” means digital content created by us and communicated on platforms that allow sharing, commenting, and engagement from the public. Examples of social media accounts we may use are Facebook, Twitter, Instagram, YouTube, and LinkedIn. 2. “Comments” include any digital content, information, links, images, videos, or any other form of communicative content posted in reply or response to a social media account operated by us.
3. “User” means a member of the public who views or interacts with one or
more of our social media accounts.
GENERAL GUIDELINES
1. These terms and conditions apply to all our social media sites. Where possible, a link to these terms and conditions will be made available as a hyperlink or posted as text somewhere on our social media account(s). 2. Users should know that social media posts we make, comments and replies to those posts, and any direct or private messages sent to us may be public records subject to applicable public records release.
This form drafted by Communications Counsel Inc. in conjunction with Government Social Media LLC based on a review of relevant caselaw as of March 2022. This is not legal advice. No attorney client relationship is formed. Consult your agency lawyer for legal advice in your state.
Attachment 8
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3. Our social media accounts are not monitored 24/7 and no one should utilize our social media accounts to seek emergency services. Anyone in need of emergency help should call 9-1-1.
4. We do not guarantee we will respond to comments or messages sent on
our social media accounts.
EXPECTATIONS
1. The leaders of [Agency] believe that honest, civil, and productive
discussions provide the best environment for citizens to understand the work of their government and participate in constructive engagement. 2. We ask users to consider that our social media feeds may be viewed by children and other impressionable people. Please avoid profanity, personal attacks, bullying, or use of incorrect information. CONTENT MODERATION 1. Limited Public Forum. Our social media accounts are created and maintained as limited public forums under the caselaw pertaining to the
First Amendment to the U.S Constitution. We invite members of the public
to view and, where possible, provide comments or other engagement on
our social media accounts. However, the law permits us to hide and/or
delete comments that are not protected speech under the First
Amendment and relevant caselaw. As a general rule, we will not hide
and/or delete comments solely because such comments are critical of
[Agency] or its officials.
2. Prohibited Content. Relevant First Amendment caselaw permits us to hide or delete certain comments on our social media accounts. The following will be hidden or deleted: a. Comments directly advocating violence or illegal activity. b. Comments 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;
This form drafted by Communications Counsel Inc. in conjunction with Government Social Media LLC based on a review of relevant caselaw as of March 2022. This is not legal advice. No attorney client relationship is formed. Consult your agency lawyer for legal advice in your state.
Attachment 8
3
c. Comments 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;
d. Comments containing links to malware and/or malicious content that
affects the normal functioning of a computer system, server, or
browser;
e. Duplicate comments posted repeatedly within a short period of time;
f. Comments containing actual defamation against a person, either as determined by a court or comments that are patently defamatory by easily discovered facts; g. Comments that contain images or other content that violate the intellectual property or copyright rights of someone else, if the owner of that property notifies us that the property was posted in a comment on our social media account(s). h. Comments that contain a hyperlink to any website other than those controlled by [Agency]. This will be done without regard to the
viewpoint of the comment containing such a link or the content of the
site to which the link redirects.
3. Retention. When a comment containing any of the above content is
posted to our social media account(s), a copy or electronic record of that
content may be retained or archived pursuant to our records retention
policy, along with a brief description of the reason the specific content was
deleted. Once documented, the content will be removed, where possible, from our social media account(s). 4. Right of Appeal. If our staff hides or deletes a user’s comment pursuant to these terms and conditions, the user has the right to appeal that decision by sending an email or letter to [Agency legal contact] within five business days. This correspondence will provide the user with an explanation for the action taken.
This form drafted by Communications Counsel Inc. in conjunction with Government Social Media LLC based on a review of relevant caselaw as of March 2022. This is not legal advice. No attorney client relationship is formed. Consult your agency lawyer for legal advice in your state.
Attachment 8
4
Upon receipt of an appeal, our attorney will determine whether the comment at issue contained content protected by the First Amendment. If the appeal is successful, the comment may (if possible) be restored for public view, or the user may be permitted to repost the comment. Upon a
determination that the comment was not protected by the First
Amendment, the user will be notified that the appeal was denied.
5. Blocking or Banning a User. When we determine that a user has violated
these terms and conditions on three or more occasions within a twelve-
month rolling period, we may block or ban the offending user from the
social media account where the violations occurred.
If we block or ban a user, we will (a) reasonably attempt to notify the user; (b) describe the violation(s); and (c) explain the appeal process. If the appeal is successful and the user has not violated this policy three times within a rolling 12-month period, we will unblock or unban the user from the social media account. If the appeal is not successful, our decision will stand. ###