HomeMy WebLinkAbout8.6 Internet Website Policy
CITY CLERK
File # D[][5J~-~[O]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 3,2006
SUBJECT:
Proposed Internet Web site Policy for Operation of City Websites
Report Prepared by Joni Pattillo, Assistant City Manager and
Leah Peachey, City Attorney's Office
A TT ACHMENTS:
Resolution Establishing an Internet Website Policy for the Operation
~f City Websites
1"'Jf' ADOPT the Resolution establishing an Internet Web site Policy for
, the Operation of City W ebsites or supply Staff with additional
direction.
RECOMMENDATION:
FINANCIAL STATEMENT:
None.
DESCRIPTION:
The City operates several Internet websites (the "City Websites") to provide residents, visitors and
persons working in the City with information regarding governmental services and community events and
activities. The City Websites include: 1) the official City Website, which provides information on City
government and services, recreational opportunities and community events; 2) a teen web site, which
promotes activities, services and programs for the City's teenaged youth; 3) a website dedicated to the
City's recreational opportunities; 4) a website promoting the City-sponsored Annual Day on the Glen
Festival; and 5) a web site promoting the City-sponsored St. Patrick's Day Festival.
The proposed Internet web site policy provides City Staff direction in operating the various City-sponsored
websites described above. As such, the Internet web site policy was reviewed internally by the various
departments involved in the administration of the City Websites. Upon approval by the Council, the
City's Internet web site policy will be posted on the City Websites to facilitate public access.
Proposed Internet Web site Policy
The proposed Resolution establishes an Internet web site policy for the City and provides guidance to City
Staff in addressing web site issues.
COPY TO:
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Purpose of the City Websites
The collective purpose of the City Web sites include: 1) to provide a convenient and information-rich
resource for residents, visitors, businesses, non-profit organizations, other public agencies, and schools to
assess their city government; 2) to provide information and resources that contribute to the health, safety
and welfare of the public; 3) to employ the latest technology designed to improve customer service and
communication relating to issues of interest within the City and Tri -Valley region, 4) to contribute to the
improvement of City services, foster economic development within the City, and enhance the sense of
community within the City; and 5) to establish and strengthen long-term partnerships between the City,
and individuals and entities in the public and private sectors.
City Websites as Non-Public Forums
An important goal of the proposed Internet web site policy is to maintain the status of the City Web sites as
non-public forums. In a non-public forum, the City may impose reasonable restrictions on access for
speech, so long as the restrictions are viewpoint neutral. Conversely, a public forum such as a public park
is open for public expression, and the government is limited in its ability to regulate such speech.
Because the City has an interest in ensuring that the information provided on the City Web sites is
consistent with the purpose of the City Websites, the proposed policy seeks to ensure the web sites remain
non-public forums, subject to the City's regulation. As a non-public forum, the City Web sites are
reserved for the exclusive control of the City for the purpose of one-way communication to website users,
and not for the purposes of public debate or exchange of ideas.
External Links Posted on City Websites
To preserve the non-public forum status of the City Websites, the proposed policy requires approval of the
City Manager, or his or her designee, for each request for an external link posted on the City Websites.
An external link is defined as "a hyperlink from the City Web sites to a website maintained by a third
party." In evaluating an application for an external link, the City will consider the relevance and
appropriateness for the purposes of the City Websites.
Additionally, the proposed policy sets forth criteria for the City in evaluating the request, such as whether
the requested link is sponsored by a government entity or certain non-profit and private organizations.
The proposed policy prohibits external links that: 1) promote or exhibit hate, bias, discrimination,
pornography, libelous or otherwise defamatory content; 2) have a primary purpose of furthering the
agenda of a political organization or a candidate running for office, or defeating any candidate for elective
office; 3) violate any of the City's equal opportunity policies; and 4) consist of personal home pages
operated by individuals.
In any event, the final decision of whether to post or not to post an external link on the City Websites lies
with the City Manager or his or her designee. Similarly, the proposed policy provides the City Manager or
his or her designee discretion in posting events to the "Community Calendar" features of the City
Websites.
Other Provisions of the Proposed Internet Website Policy
In addition to the provisions described above, the proposed Internet website policy includes various
provisions relating to the use of the City Websites. The proposed policy provides for privacy and security
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measures to protect information under the City's control, disclaims responsibility for information provided
on external links and for any viruses or other contamination of a user's system due to use of the City
Websites, provides for accessibility to individuals with disabilities, prohibits use of the City Seal in
compliance with City Council Resolution No. 51-02, and provides that communication through the City
Web sites shall not constitute legal notice to the City.
RECOMMENDATION
Staff recommends that the City Council ADOPT the Resolution establishing an Internet Website Policy
for the Operation of City Web sites or supply Staffwith additional direction.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
ESTABLISHING AN INTERNET WEBSITE POLICY
FOR OPERATION OF CITY WEBSITES
WHEREAS, the City develops, operates and administers the official City web site at
www.ci.dublin.ca.us; and
WHEREAS, the City website is designed to provide residents, visitors, and persons working
in the City information regarding City, regional, state and federal governmental departments, services,
and programs, as well as information regarding events, activities, and programs offered in and around
the City; and
WHEREAS, the City develops, operates and administers a web site to promote activities,
services, and programs for City teenaged-youth at www.DubTownTeens.com; and
WHEREAS, the City develops, operates and administers a website for promotion of
recreational activities for children, teenagers, adults and families at www.DublinRecGuide.com; and
WHEREAS, the City develops, operates and administers a website for promotion of the City-
sponsored Annual Day on the Glen Festival at www.DayontheGlen.com; and
WHEREAS, the City develops, operates and administers a web site for promotion of the City-
sponsored St. Patrick's Day festival at www.DublinStPats.com; and
WHEREAS, the City develops, operates and administers the official City website, teen
web site, recreational web site, Day on the Glen web site, and St. Patrick's Day festival website for the
exclusive use of the City as non-public forums, which are not dedicated to general debate or the free
exchange of ideas; and
WHEREAS, this Resolution is intended (a) to establish an Internet website policy; (b) to
provide guidance to City Staff in addressing website issues; and (c) serve as an important component
to the City's technology program.
NOW, THEREFORE, the City Council ofthe City of Dublin does RESOLVE as follows:
1. Purpose. The purpose of this Policy is to establish regulations for the development,
operation, and administration of the City Websites and to ensure that the City Web sites remain
non-public forums subject to the City's exclusive use and control. The purposes of the City
Websites are as follows:
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a. To provide a convenient and information-rich resource for residents, visitors,
businesses, non-profit organizations, other public agencies, and schools to assess their city
government.
b. To provide information and resources that contributes to the health, safety and
welfare of the public.
c. To employ the latest technology designed to improve customer service and
communication relating to issues of interest within the City and Tri- Valley region.
d. To contribute to the improvement of City services, foster economic development,
and enhance the sense of community within the City.
e. To establish and strengthen long-term partnerships between the City and
individuals and entities in the public and private sectors.
2. Policy. The City shall operate and maintain the City Web sites as provided in this Policy.
3. Definitions. The following definitions shall apply to this Policy:
a. "City Web sites" mean the official City Web sites available at www.ci.dublin.ca.us.
www.DubTownTeens.com, www.DublinRecGuide.com, www.DublinStPats.com,
www.DayontheGlen.com. and any additional domain name(s) that the City acquires for official
City use.
b. "Cookies" means files on the user's computer that enable a website to recognize
the user on subsequent visits and possibly track the user's Internet use between visits.
c.
"External Web site" means a website maintained by a third party, and not by the City.
d.
third party.
"External Link" is a hyperlink from the City Web sites to a web site maintained by a
e. "Security Measures" means practices for protection of physical configuration and
environment, software, information-handling processes, and user practices.
f. "User" or "Users" means an individual or individuals who access the City
Webpage through the Internet.
4. Non-Public Forum Status. The City Websites are non-public forums. While the City
encourages the public to use the City Websites to access information and resources, the City
expressly reserves the right to impose certain restrictions on the use of its websites. The City
Websites are reserved for the exclusive control of the City for the purposes of one-way
communication to users of the City Websites. The City Websites shall not be used to facilitate a
general debate or the free exchange of ideas.
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5. Authority of City Manager. The City Manager or his or her designee shall have the authority
and responsibility for the implementation ofthis Policy. The City Manager may also make
interpretations on issues that are not clearly articulated or not included in this Policy.
This Policy will be posted on the City Websites for review by the public at any time. Questions
or comments regarding any subjects or issues addressed in this Policy. may be directed to:
City of Dublin
Attn: City Manager
100 Civic Plaza
Dublin, CA 94568
e-mail: cityofdublin@ci.dublin.ca.us
6. Privacy. The City is sensitive to the privacy interests of the users of the City Websites and
believes that the protection of those interests is an important responsibility. The City's goal in
collecting personal information online is to provide the user with the most personalized and
effective service possible. By understanding the user's needs and preferences, the City may
provide users with improved service. The City strives to protect online personal information in
the same manner that the City protects citizen and business information obtained through other
means. The following information explains the City's policy regarding any personal information
supplied when using the City Websites.
a. On certain occasions, the City Websites may request a user's email address for
purposes of correspondence or for City business. The City shall not share email addresses with
anyone outside the City, nor disclose user information to any third party, except as required by
applicable laws, including the Public Records Act and discovery in a civil law suit.
b. The City may use the personal data provided through the City Websites to send
information about City services and upcoming civic activities. However, the City will neither
sell nor knowingly provide personal information for any other direct mail activities, except as
required by applicable laws, including the Public Records Act and discovery in a civil law suit.
c. The City shall not guarantee, nor does it represent, that such comments,
suggestions or questions submitted by email to the City or to city officials or employees will
remain private or confidential. Similar to mailed or delivered comments, comments received via
e-mail may become subject to public disclosure under the California Public Records Act and/or
part of the discovery procedure in a civil lawsuit.
d. During the course of a credit card transaction through the City Websites, the
information is stored on a secured server. The City and its subcontractors use firewalls and other
security technology to minimize the risk of unauthorized access. To complete the credit card
transaction( s), the City must, of course, pass information about transaction( s) to the relevant
financial institution. The City will not share this information with any other third party unless
required to do so by applicable laws, including the Public Records Act and discovery in a civil
law suit. If the City determines that it must make the information available, the City Manager or
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his or her designees will make a reasonable attempt to notify the affected parties by email that
the City has been ordered to provide the information.
e. The City will not intentionally release any information about the collection of
Internet Protocol (IP) addresses to any third party except as required by applicable law. The City
Websites may archive web server log files in order to create aggregate statistical reports, detect
errors at the Web site, and for security reasons. To the extent that the City maintains web log
files, such files shall be deleted according to a regular schedule established by the Administrative
Services Department.
f. Aggregate reports may be generated about visitors to the City Websites. These
reports do not contain any personally identifiable information.
g. The City does not use persistent reoccurring Cookies, nor share information with
other third party entities.
7. Security. The City Web sites apply Security Measures to protect the loss, misuse and
alteration of the information under the City's control. From time to time, Security Measures may
be upgraded or otherwise modified to meet changing needs. While the City endeavors to keep
secure all information it receives via the City Web sites, the City cannot guarantee the security of
the information.
8. External Links. The City has a legitimate interest in limiting persons or organizations that
might be linked to the City Websites. The City may exercise discretion to ensure that the links to
the City Web sites are consistent with the purpose of the City Web sites, as set forth in Section 1.
Neither the City Web sites nor the External Links listed on the City Websites constitute a forum
for expressive activity by members ofthe public.
a. Each proposed External Link on the City Websites shall be reviewed to determine
its relevance and appropriateness to the purpose of the City Websites. The City Manager or his
or her designee shall review the merits of the proposed External Link based upon the criteria set
forth below. The City Manager or his or her designee shall also determine whether the External
Link serves the purpose of the City Websites, as set forth in Section 1. A proposal for an
External Link will not be denied based on the viewpoint espoused by the individual or entity.
b. When the below criteria do not provide clear guidance, the City Manager or his or
her designee reserves the right to make a decision based on the general intent of the criteria
outlined below and what he or she believes is in the best interest of the City.
c. The City shall use the following criteria in considering proposals for External
Links from the City Websites:
1. Sponsored by governmental and public educational institutions.
11. Sponsored by nonprofit organizations that perform the following services for the
Dublin and Tri-Valley community: assist persons in locating housing,
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housing discrimination assistance, or homeownership; assist people in finding
employment or training opportunities; provide non-elective healthcare, and other
human and social services; provide information or access to the arts, humanities,
culture or education; improve neighborhoods; provide information or resources
for neighborhood revitalization, code enforcement and/or crime prevention;
enhance business development and economic development opportunities locally
and regionally.
iii. Sponsored by organizations partnering with the City to meet the City's strategic
or operational goals.
IV. Sponsored by private organizations which provide government-related
information and/or services in a way that is not available on an official
government website, as set forth in Subsection ( e).
v. Sponsored by professional associations affiliated with local government (such as
League of California Cities, International City Management Association,
American Planning Association).
V1. Sponsored by private or public utilities that service City residents or businesses
specifically to assist individuals relocating to the City.
d. The City Websites will not provide External Links to web sites that:
1. Promote or exhibit hate, bias, discrimination, pornography, libelous or otherwise
defamatory content.
11. Have a primary purpose of furthering the agenda of a political organization or a
candidate running for office, or defeating any candidate for elective office.
iii. Violate any of the City's equal opportunity policies.
IV. Consist of personal home pages operated by individuals.
e. The City may provide External Links to certain private commercial sites that
maintain and display government-related information which fulfills the purposes of the City
Websites as set forth in Section 1, and which is not generally available through a governmental
agency due to the cost of compiling, maintaining and/or displaying such information. To support
the cost of compilation and maintenance of this information, these private commercial sites may
include advertising or promotional material in the information display. Accordingly, External
Links to such sites which contain this information, but also display commercial advertising or
promotional material, may be included within the City Websites when the City Manager or his or
her designee has made a good faith determination that:
1. The City's independent replication of the information targeted for linkage is
infeasible due to financial or other considerations;
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ii. No non-commercial site provides the information targeted for linkage; and,
iii. The information targeted for linkage greatly enhances the usefulness of the City
Websites and services it provides.
f. The City reserves the right to determine how and where External Links will
appear on the City Websites.
9. Application for External Link. To request the addition of an External Link to the City Websites,
the applicant shall send the relevant URL address, web site description and purpose, brief statement as
to how the proposed web site fulfills the purpose of the City Web sites as set forth in Section 1, contact
name, phone number and email address by email tocityofdublin@ci.dublin.ca.us. or by mail to:
City of Dublin
Attn: City Manager
100 Civic Plaza
Dublin, CA 94568
10. Disclaimer of External Links and External Websites. The information posted on the City
Websites includes hypertext External Links to information created and maintained by other
public and/or private organizations. The City provides these links solely for the user's
information and convenience.
a. When the user selects an External Link to an External Website, the user leaves the
City Web sites and is subject to the privacy and security policies ofthe owners/sponsors ofthe
External Web site.
b. The City does not control or guarantee the accuracy, relevance, timeliness or
completeness of information contained on an External Web site accessed through the City
Websites by External Link.
c. The City does not endorse or recommend any third party web site, product,
service, view, or opinion, unless otherwise noted.
d. The City does not authorize the use of copyrighted materials contained on
External Websites.
e. The City is not responsible for transmissions from External Websites.
11. Final Decision. The decision to post or not post content and/or links on the City Web sites
resides solely with the City Manager or his or her designee. The decision of the City Manager or
his or her designee is final and binding. Under no circumstances will individuals or entities be
entitled to compensation or damages in the event that the City Manager or his or her designee
directs the City to include or exclude the content or link.
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12. Links to the City of Dublin's Website. Advance permission to link to the City Web sites is
not necessary. However, the party linking to the City Web sites should be aware that its subpages
may change at any time without notice. Individuals and entities linking to the City Websites
shall not capture pages within frames, present the City Websites content as its own, or otherwise
misrepresent the City Websites' content or misinform users about the origin or ownership of its
content. Any link to the City Web sites should be a full forward link that passes the user's
browser to the City Websites unencumbered. The web browser's "back" button should return
the user to the originating site if the user wishes to back out.
13. Posting of Events. Information regarding community events may be posted on the City
Websites, so long as the posting of such information is consistent with the purpose of the City
Websites, as set forth in Section 1, and meets the criteria for External Links, as set forth in Section 8.
While the City Manager or his or her designee may consider suggestions of events to post on the City
Web sites, the decision of the City Manager or his or her designee is final and binding.
14. Accessibility. The City Websites are intended to be accessible to people with disabilities.
Requests for reasonable accommodations relating to equal access to communication, or other issues
relating to City Web site accessibility, should be directed to: cityofdublin@ci.dublin.ca.us or by mail
to:
City of Dublin
Attn: City Manager
100 Civic Plaza
Dublin, CA 94568
15. No Warranty or Representation. The City's web server(s) are maintained to provide public
access to City information via the Internet. The City's web services and the content of its web
servers and databases are updated on a continual basis. While the City attempts to maintain the
City Websites' information as accurate and timely, the City does not warrant or make
representations or endorsements as to the quality, content, accuracy, or completeness of the
information, text, graphics, hyperlinks, and other items contained on its server or any other
server. Materials on the City Web sites have been compiled from a variety of sources, and are
subject to change without notice from the City as a result of updates and corrections.
16. Service Marks, Trademarks and Copyright. To the extent allowed by the Public Records
Act and otherwise legally permissible, commercial use of web materials is prohibited without the
written permission of the City. All service marks and trademarks mentioned herein are the
property of their respective owners. The City retains copyright on the City Seal, all text, graphic
images, and other content, unless otherwise noted. No person or entity may use the City Seal
without approval of the City Council (Resolution No. 51-02). No person or entity shall engage
in any ofthe following conduct without written permission from the City Manager or his or her
designee: a) modify and or use the text, images or other City Websites content from a web
server, b) distribute the City's web content, and c) "mirror" the City's information on a non-City
server.
17. Notice to the City. Communications through the City Websites, bye-mail or otherwise,
shall in no way be deemed to constitute legal notice to the City of Dublin or any of its agencies,
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officers, employees, agents, or representatives, with respect to any existing or potential claim or
cause of action against the City or any of its agencies, officers, employees, agents, or
representatives. No communication through the City Web sites shall be deemed to constitute
legal or official notice for any purpose.
18. Errors, Omissions, Warranty, Damages. The City of Dublin is neither responsible nor
liable for any viruses or other contamination of a user's system due to access of the City
Websites, nor for any delays, inaccuracies, errors or omissions arising out of the user's access of
the City Websites or with respect to the material contained on the City Websites, including
without limitation, any material posted on the City Websites. The City Websites and all
materials contained on it are distributed and transmitted "as is" without warranties of any kind,
either express or implied, including without limitation, warranties of title or implied warranties
of merchantability or fitness for a particular purpose. The City is not responsible for any special,
indirect, incidental or consequential damages that may arise from the use of, or the inability to
use, the City Web sites and/or the materials contained on the City Websites, whether the materials
contained on the City Web sites are provided by the City of Dublin or a third party.
19. Indemnification. To the extent permitted by applicable law, by using the City Web sites, the user
agrees to defend, indemnify, and hold harmless the City of Dublin, its agencies, officers, employees,
representatives, and agents from and against all claims and expenses, including attorney's fees, arising
out of the user's use of the City Web sites or materials and information contained on the City
Websites.
20. Effective Date. This Resolution shall take effect immediately.
21. Severability Clause. The provisions of this Resolution are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or
parts thereof ofthe ordinance or their applicability to other persons or circumstances.
PASSED, APPROVED, AND ADOPTED this _ day of
following vote:
2006, by the
AYES:
NOES:
ABSENT:
ABSTAIN:
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ATTEST:
Fawn Holman, City Clerk
816651-5; 114.1001
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Janet Lockhart, Mayor
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