HomeMy WebLinkAbout23-87 Approving Board of Trustees Social Media Policy 08-23-2023RESOLUTION NO. 23-87
A RESOLUTION OF T1W, BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE COLORADO APPROVING THE BOARD OF TRIJ91M ES
SOCLkL MEDIA POLICY
WHEREAS, social media has provided new means of communication between citizens
and elected officials replacing traditional forms of interaction between elected officials and
citizens; and
WHEREAS though the are many benefits to social media there remain consequences
and liability for the improper use of social media by municipalities and their elected officials;
and
WHEREAS, to ensure the proper use of social media the Board of Thistees of the Town
of Firestone desires to adopt a Social Media Policy that both protects the rights of the public to
access and engage in public fonuns and ensure that the Town and the Board of Trustees comply
with all applicable laws.
NOW, THEREFORE, BE IT RESOLVED BY TBE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Town of Firestone Colorado Board of Trustees Social Media Policy is approved in
substantially the same form as the copy attached hereto and made a part of this Resolution.
INTRODUCED, READ AND ADOPTED this 23 day of August, 2023.
TZ�F F 'eNE., COL
Drew Alan Peterson, Mayor
ATTES
s:tiK. lEasho�rJ;MC �Towrmn Clerk
William P. flayasIdi Attorney
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,_P�Uros�e
The purpose of this policy is to set forth Trustees permitted use of social media in their official capacities and to
set forth the rules and limitations that govern such use. This policy also sets recommendations for Trustees to
ensure that their personal use of social media does not impermissibility bring their personal use within the purview
of their official use and its requirements,
I. scope
This policy applies to the use of social media by any Trustee when that social rnedia use is in their official capacity
as a Trustee.
This policy is intended to protect the rights of the public in their ability to access public forums, and to ensure that
the Town can comply with its requirements under the laws and constitutions of the State of Colorado and the
United States of America,
A, Official Use, A Trustee's use of their Town e-mail address, position, title, or official capacity, or any Trustee's
personal use of social media, that is reasonably related to engaging with constituents, communicating with the
public on matters of the Town's concern or affairs, or carrying out the Trustee's official duties.
B. Town: The Town of Firestone, including acts by its Town Manager, or its Director of Marketing and
Communications, or their designee(s),
C. Personal Use: A Trustee's use of social media that is not related to their duties as a Trustee,
D, Personal Information: Information that can be used to distinguish or trace an individual's identity, such as date
and place of birth, personal addresses or telephone numbers, Social Security number, driver's license number,
or records that contain genetic, medical, or psychological data or information. Personal information also includes
personal financial information and other information maintained because of the employer -employee
relationship, pursuant to Section 24-72-202 (4.5), CRS, For purposes of this section, "personal information"
does not include publicly available information that is lawfully made available to the public from federal, state,
or local government records,
E. Social Media, Online, electronic, or Internet media, tools, communities, and spaces for social interaction,
sharing user generated content, or public or semi-public communication, Social media typically uses web -based
technologies to turn communication into interactive dialogs, Social media can take many different forms,
including Internet forums, blogs & microblogs, online profiles, wikis, podcasts, pictures and video, email, text,
instant messaging, music -sharing, and chat, to name just a few. Examples of social rnedia include but are not
limited to the following: Linkedin, Facebook, MySpace, Wit pedia, YouTube, Twitter, Skype and blog. The Town
acknowledges that this form of communication changes rapidly and, therefore, this list is intended to be
illustrative rather than comprehensive, and this definition should in no way be construed to limit the applicability
of this policy,
A, Town Created Accounts, The Town does not currently create, operate, or maintain accounts on behalf of
Trustees for their official use of social media,
B, No Expectation of Privacy. All official use in social media by Trustees may be open to public inspection in
accordance with the Colorado Open Records Law (C,R,S. § 24-72-200,1 et seq), and Trustees should not have
an expectation of privacy concerning such participation, The Town may monitor all use of such accounts and
require removal of any content that violates any law,
C, Trustee to Trustee Discussion. In over to assure compliance with the Colorado Open Meetings Law (CRS
§ 24-6-402 et seq), Trustees shall refrain from engaging in discussions with more than one other Trustee
through social media, including personal social media accounts, regarding Town matters, except as specifically
permitted by C.R.C. 24-6-402, where the electronic mail does not relate to the merits or substance (discussion,
debate or exchange of ideas) of pending legislation or other public business, including electronic mail
communications but are sent by a Trustee for the purpose of forwarding information, or responding to a non -
substantive inquiry from an individual who is not a Trustee or posing a question for later discussion by the Board
of Trustees,
D, Confidentiality, Trustees shall not post personal, confidential, or proprietary information about the Town, or
Town employees, vendors, or affiliates that would violate such persons' rights to privacy under applicable
federal and state laws and regulations such as the Health Insurance Portability and Accountability Act of 1996
(HIPAA) and Town policies,
E. How a Trustee presents the account, Trustees must identify themselves by name and position title and use
their Town e-mail address when participating in social media for official use, Such accounts shall be clearly
designated as "official capacity" accounts,
F How a Trustee uses the account. When engaging in official use of social media, a Trustee shall not:
I , Claim to speak on behalf of the Town, unless authorized to do so by the Board of Trustees.
2, Use social media to create a forum only containing speech that is favorable to such Trustee or the
Town.
3, Post, use, or otherwise infringe upon material that is copyrighted or trademarked by third parties,
4, Post or publish false and defamatory statements,
5, Mention vendors, suppliers, clients, citizens, co-workers, or other individuals without their prior consent,
6, Use ethnic slurs, profanity, or personal insults,
7. Censor user comments in the interactive features or space, because you disagree with
the viewpoint expressed, That means that at a minimurn—you cannot block users, remove posts, or
otherwise "burden" speech because you find the expression offensive, hateful, aligns with hate speech,
ugly, denigrating, objectionable, disagreeable, or wrong,
2
& Remove or delete comments containing profanity or obscenities, or using "profanity" filters to filter
particular words or phrases,
9, Stop people from joining a public conversation on the social media account, because of the views they
express on the topics being discussed,
10, Dock critical voices from asking for government services through the social rnedia account, because
of those critical viewpoints,
11, Prevent people frorn being able to see social media posts that publicly announce government
information or policy, because of their viewpoints,
G, Additional Requirements. When engaging in official -related use of social media, a Trustee shall abide by
the following requirements,
1, Read and understand the Terms of Service and any other policies established by social media
websites, Trustees are expected to stay current regarding any changes to these terms and policies,
2. Be respectful, legal, and ethical,
3. Credit other authors for borrowed content and to protect the intellectual property of others.
A, Separate Accoutfts- Any Social media a=unt established, operated, mairit6ined, or used by 0 TrUstee f6r
perWhal use rNst batepatate and distinct hm any sociM rhedia account established, operated� maintained,
or Used by a Trus� for official purposes,
B, How a Trustee presents the account, When establishing or creating a social media account for personal use,
a Trustee should not'.
1, Associate the account with their position as a Trustee by, for example, including their official title in the
account description, or using a profile picture that shows the Trustee acting in their official capacity,
2, Refer to or identify the account as "official," or direct constituents or others to it in a way that suggests
that the account is an extension of such Trustee's office.
3, Use the official trademark or Town logo, or that of any Town department or program,
4, Use a Town -issued email address to register on social media.
I �� I I � I I � I I I I � I I I I 1111p I 1 111111 11111p �ll�il
1. Communicate information about their official duties, solicit information from constituents and the
general public related to those duties, or make announcements about such Trustee's official
responsibilities or actions,
2, Seek or encourage comments about what Town matters the Trustee should bring to the Board or
support, or to share any decisions the Trustee made as a public official,
3, Discuss items that will be or may be on the Board's agenda, nor encourage public discussion on
Trustee's personal account or page,
4e Use the account while carrying out such Trustee's official responsibilities —for example, while attending
events in the Trustee's official capacity,
D, Additional Limitations, During personal use of social media, a Trustee should not:
I Disclose or disseminate any Town employees' personal information, Town proprietary or confidential
information, any privileged Town attorney-ciient communications, or any other confidential information
gained by reason of their authority"
2, Disclose or disseminate any copyrighted materials, proprietary, privileged or confidential information of
the Town's vendors, utility customers, or other contractual partners{
3. Speak as a representative of the Town, nor imply their speech has been endorsed, approved or
connected to the Town,
MMM
When engaging in personal or official use of social media, Trustees should be aware that they may be subject to
civil litigation for:
* Publishing or posting false information meant to intentionally harm someone's reputation (defamation);
* Publishing or posting private facts and personal information about anyone without their permission that has
not been previously revealed to the public, is not of legitimate public concern, and would be offensive to a
reasonable person"
* Using someone else' s name, likeness or other personal attributes without that person's permission for an
exploitative purpose-, or
Publishing the creative work of another, trademarks, confidential business information, or other intellectual
property without the permission of the owner,