HomeMy WebLinkAboutReso 194-06 City Internet Website Policy
RESOLUTION NO. 194 - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ESTABLISHING AN INTERNET WEB SITE POLICY
FOR OPERATION OF CITY WEB SITES
WHEREAS, the City develops, operates and administers the official City web site at
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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 and
WHEREAS, the City develops, operates and administers a web site for promotion of recreational
activities for children, teenagers, adults and families at }Y}DyJ2~IbJi!lB!~<;JJlllf1~,~QlD; and
WHEREAS, the City develops, operates and administers a website for promotion of the City-
sponsored Annual Day on the Glen Festival at and
WHEREAS, the City develops, operates and administers a website for promotion of the City-
sponsored S1. Patrick's Day festival at and
WHEREAS, the City develops, operates and administers the official City web site, teen website,
recreational web site, Day on the Glen website, and St. Patrick's Day festival web site 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 web site 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 of the City of Dublin does RESOLVE as follows:
1. Purpose. The purpose ofthis Policy is to establish regulations for the development, operation, and
administration ofthe 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:
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.
the public.
To provide information and resources that contributes to the health, safety and welfare of
Reso No. 194-06, Adopted 10/3/06, Item 8.6
Page 1 of8
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 Websites as provided in this Policy.
3. Definitions. The following definitions shall apply to this Policy:
a. "City Web sites" mean the official City Websites available at 'vV\'{Y:~_QLQ!lQlm.j::a.l.lli,
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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 Website" means a web site maintained by a third party, and not by the City.
d. "External Link" is a hyperlink from the City Websites to a web site maintained by a third party.
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 Web sites are non-public forums. While the City encourages the
public to use the City Web sites to access information and resources, the City expressly reserves the right
to impose certain restrictions on the use of its websites. The City Web sites 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.
5. Authority of City Manager. The City Manager or his or her designee shall have the authority and
responsibility for the implementation of this 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
Reso No. 194-06, Adopted 10/3/06, Item 8.6
Page 2 of8
6. Privacy. The City is sensitive to the privacy interests of the users of the City Websites and believes
that the protection ofthose 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 Web sites 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 ofthe discovery
procedure in a civil lawsuit.
d. During the course of a credit card transaction through the City Web sites, 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 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 ofInternet
Protocol (IF) 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 Web sites. 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.
Reso No. 194-06, Adopted 10/3/06, Item 8.6
Page 3 of8
8. External Links. The City has a legitimate interest in limiting persons or organizations that might be
linked to the City Web sites. The City may exercise discretion to ensure that the links to the City Websites
are consistent with the purpose of the City Websites, 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
of the 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 Web sites, 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, housing
discrimination assistance, or homeownership; assist people in finding employment or
training opportunities; provide non-elective health care, 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.
111. 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 web site, 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).
VI. 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 websites that:
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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 Web sites 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;
11. No non-commercial site provides the information targeted for linkage; and,
111. The information targeted for linkage greatly enhances the usefulness of the City Web sites
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, website description and purpose, brief statement as to how the
proposed website fulfills the purpose of the City Websites as set forth in Section 1, contact name, phone
number and email address by email to 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 Web site, the user leaves the City
Web sites and is subject to the privacy and security policies of the owners/sponsors ofthe External
Web site.
Reso No. 194-06, Adopted 10/3/06, Item 8.6
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b. The City does not control or guarantee the accuracy, relevance, timeliness or completeness
of information contained on an External Website 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.
Web sites.
The City does not authorize the use of copyrighted materials contained on External
e.
The City is not responsible for transmissions from External Web sites.
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.
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 Web sites 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 Websites
should be a full forward link that passes the user's browser to the City Web sites 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 Web sites, 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.
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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 of the 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, 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 Websites 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
Web sites. The City Web sites 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 Websites 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 Websites 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 of the ordinance or
their applicability to other persons or circumstances.
Reso No. 194-06, Adopted 10/3/06, Item 8.6
Page 70f8
PASSED, APPROVED AND ADOPTED on this 3rd day of October, 2006, by the following
votes:
AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
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I f Mayor
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ATTEST:
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, City Clerk
Reso No. 194-06, Adopted 10/3/06, Item 8.6
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