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DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
CITY CLERK
File #150-30
January 17, 2012
Honorable Mayor and City Councilmembers
~~
Joni Pattillo, City Manager ° ~'
SUBJECT: Revisions to Internet-Website Policy
Prepared by Linda Smith, Economic Development Director and Public Information
Officer
EXECUTIVE SUMMARY:
The City Council will consider the repeal of the existing Internet Website Policy and the adoption
of a new Dublin Website and Social Media Policy consisting of the existing policy and the
incorporation of a new section relating to the use of social media sites by the City of Dublin.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
It is recommended that the City Council adopt a Resolution rescinding the existing Internet
Website Policy and adopting a new City of Dublin Website and Social Media Policy.
~, ,~~, ~ ~.~ Gt_~,
~~- ~ ~ Submitted By
Economic Development Director
DESCRIPTION:
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Reviewed By
Assistant City Manager
In July 2011, the City Council established a Social Media Communications Ad-Hoc Committee
to provide policy guidance and direction to staff regarding the implementation of a key Strategic
Initiative to "Develop Social Media Policies." The Committee met in October 2011 to discuss
potential policy development, as well as other areas of social media that the City Council may
want to consider. In summary, the Committee is recommending the use of Social Media sites,
such as Facebook by the City of Dublin.
Staff received the Committee's feedback and worked with the City Attorney's Office to draft
policy language for the Committee's review. Rather than develop several policies for specific
social media sites, as was initially envisioned in the Strategic Initiative process, Staff is
proposing a more inclusive, single policy as part of the City's overall Internet policy.
Page 1 of 2 ITEM NO. 7.2
The proposed policy language takes into account the evolution of social media, and develops
broad and general guidelines pertaining to its use by the City and the monitoring and
maintenance of content. Staff is recommending that the policy be incorporated into the City's
existing Internet-Website Policy (Attachment 1) and that the Policy be readopted as the City of
Dublin Website and Social Media Policy to better reflect changing nature of the City's use of the
Internet. Some minor revisions were also made to the existing policy to have it be consistent
with the implementation of the City's websites today.
Summary of Policy Revisions
The proposed policy amendments (Attachment 2) include language on general policies relating
to the establishment and use of social media sites by City departments and the authority
establishing those pages by department and by the Public Information Office. Perhaps one of
the most important aspects of the new policy pertains to comments -those permitted and those
deemed inappropriate by the City. These comments can range from threatening or
discriminating statements to statements that condone illegal activities or are not considered
related to the department, event or activity at hand.
In implementing the proposed policy changes, Staff initially anticipates the use of Facebook by
the Parks and Community Services Department for departmental use and for event specific
activities, such as the upcoming 2012 St. Patrick's Day Festival. In both instances, these would
be considered limited forums and subject to those restrictions outlined in the proposed policy.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Not applicable.
ATTACHMENTS: 1. Proposed Resolution
2. Exhibit A to the Resolution -The City's Website and Social Media
Policy
Page 2 of 2
RESOLUTION NO. -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A NEW DUBLIN WEBSITE AND SOCIAL MEDIA POLICY
WHEREAS, the City Council adopted a Strategic Initiative in Fiscal Year 2011-2012 to
"Develop Social Media Policies;" and
WHEREAS, the City Council created an ad-hoc Social Media Communications
Committee in July 2011, comprised of two City Council members, to provide policy guidance
and direction on the development of a social media policy; and
WHEREAS, City Staff has met with the Social Media Communications Committee and
presented a draft policy for their review and guidance; and
WHEREAS, the Social Media Communications Committee recommends that the City
Council adopt the draft policy; and
WHEREAS, the City has an existing Internet-Website Policy, adopted in 2006, which will
need to be modified to include the social media policy, as well as other language revisions in the
existing policy to make the overall policy consistent with current Website implementation and
activities that the City; and
WHEREAS, Staff is recommending that the name of the policy be changed from the
City's Internet-Website Policy to the City of Dublin Website and Social Media Policy.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby repeals the existing
City of Dublin Internet-Website Policy and adopts a new City of Dublin Website and Social
Media Policy attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED this 17th day of January, 2012, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
THE CITY OF DUBLIN WEBSITE AND SOCIAL MEDIA POLICY
The City of Dublin established its first Internet Website Policy in 2006 and has updated the Policy in
2012 to incorporate policies relating to the City's use of Social Media. The following policy adopted by
Resolution XXX-12 replaces and rescinds Resolution 194-06.
City Website Policy
1. Purpose. The purpose of this Policy is to establish regulations for the development, operation,
and adnunistration of the City websites and to ensure that the City websites remain non-public
fonims 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. 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 econonuc 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. Def nitions. The following definitions shall apply to this Policy:
a. "City websites" mean the official City websites available at www.dublin.ca.gov,
www.DublinRecGuide.com, and www.DublinStPats.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 Website" means a website maintained by a third party, and not by the City.
d. "External Link" is a hyperlink from the City websites to a website maintained by a third
party.
e. "Security Measures" means practices for protection of physical configuration and
environment, software, information-handling processes, and user practices.
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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 fonims. 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.
5. Authority of City Mccnccge~. 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~dublin.ca.gov
6. P~ivcccy. 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 upconung 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.
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d. During the course of a credit card transaction through the City websites, the information is
transnutted to a third party processor via a secure connection. The City and its
subcontractors use firewalls and other security technology to nunimize the risk of
unauthorized access. To complete the credit card transaction(s), information about
transaction(s) are submitted 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 deternunes
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 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 unauthorized information
with other third party entities.
7. Security. The City websites apply security measures to protect the loss, nususe 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 websites, the City cannot guarantee the security of the
information.
8. Exte~nccl Links. The City has a legitimate interest in limiting persons or organizations that nught
be linked to the City websites. 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 websites nor the External Links listed on the City websites constitute a fonim for
expressive activity by members of the public.
a. Each proposed External Link on the City websites shall be reviewed to deternune 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 deternune
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.
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The City shall use the following criteria in considering proposals for External Links from
the City websites:
i. Sponsored by governmental and public educational institutions.
ii. Sponsored by nonprofit organizations that perform the following services for the
Dublin and Tri-Valley community: assist persons in locating housing,
housing discrinnation 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 econonuc 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).
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 Linlcs to websites that:
i. Promote or exhibit hate, bias, discrimination, pornography, libelous or otherwise
defamatory content.
ii. Have a primary purpose of fiirthering the agenda of a political organization or a
candidate mm~ing 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.
The City may provide External Links to certain private commercial sites that maintain and
display government-related information which fiilfills 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
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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 deternunation that:
The City's independent replication of the information targeted for linkage is
infeasible due to financial or other considerations;
ii. No non-commercial site provides the information targeted for linkage; and,
iii. The information targeted for linkage greatly enhances the usefiilness of the City
websites and services it provides.
f. The City reserves the right to deternune how and where External Links will appear on the
City websites.
9. Application fog External Link. To request the addition of an External Link to the City websites,
the applicant shall send the relevant L]RL 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.
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
websites and is subject to the privacy and security policies of the owners/sponsors of the
External Website.
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 website, 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 transnussions from External Websites.
11. Final Decision. The decision to post or not post content and/or links on the City websites 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 pernussion to link to the City websites is not
necessary. However, the party linking to the City websites should be aware that its subpages may
change at any time without notice. Individuals and entities linking to the City websites shall not
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capture pages within frames, present the City websites content as its own, or otherwise
misrepresent the City websites' content or nusinform users about the origin or ownership of its
content. Any link to the City websites should be a fiill 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
websites, 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 Website accessibility, should be directed to:
City of Dublin
Attn: City Manager
100 Civic Plaza
Dublin, CA 94568
cityofdublin~dublin.ca.gov
15. No Wcc~ccnty o~ Rep~esentcction. 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 websites 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 Mcc~ks, T~ccdemcc~ks ccnd Copyright. To the extent allowed by the Public Records Act
and otherwise legally pernussible, 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 pernssion 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, by e-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.
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18. E~o~s, Omissions, Wcc~~ccnty, Dccmccges. The City of Dublin is neither responsible nor liable for
any vinises or other contanunation of a user's system due to access of the City websites, nor for
any delays, inaccuracies, errors or onussions 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 websites
and/or the materials contained on the City websites, whether the materials contained on the City
websites are provided by the City of Dublin or a third party.
19. Indemnifccction. To the extent pernutted by applicable law, by using the City websites, 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.
Social Media Policy
1. Purpose. This Policy establishes guidelines for the establishment and use by the City of Dublin
(the "City") of Social Media as a means of conveying information about the City and its events
and activities to its citizens.
a. The City of Dublin has an overriding interest and expectation in deciding what is
"spoken" on behalf of the City through the use of Social Media.
b. For purposes of this policy, the terms "Social Media" and "Social Media Sites" are
understood to be content created by individuals, organizations and/or entities, using
accessible, expandable, and upgradable publishing technologies, through and on the
Internet. Examples of Social Media include Faceboolc, blogs, MySpace, RSS, YouTube,
Second Life, Twitter, LinlcedIn, Delicious, and Flicker. For purposes of this Policy,
"comments" include information, articles, pictures, videos or any other form of
communicative content posted on Social Media Sites.
2. Gene~ccl Policy. The establishment and use by any City department of City Social Media sites are
subject to approval by the City Manager or his/her designees. Use of Social Media shall be
adnunistered by City of Dublin Public Information Office staff and any Department-designated
coordinator, as described in this Policy. In approving the use of a City Social Media site, the City
of Dublin Public Information Office staff, in coordination with any Department as may be
necessary, shall establish guidelines for the use of the site, including but not limited to the
following information:
a. The purpose of the site, which may include the dissenunation of general information about
the City or the dissenunation of information regarding a specific City Department or City
Activity, Event or Project.
b. What City department will be directly responsible for monitoring of, and creation of
content on, the site.
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i. City Social Media Sites should make clear that they are maintained by the City of
Dublin and that they follow this Social Media Policy.
ii. To the extent possible, the use of Social Media will link back to the City's website
for forms, documents, online services and other information necessary to conduct
business with or utilize the services of the City.
iii. The City of Dublin's website at http://www.dublin.ca.gov will remain the City's
primary and predonunant Internet presence.
iv. This Policy may be revised at any time.
3. Comment Policy. As a public entity, the City must abide by certain standards to serve all its
constituents in a civil and unbiased manner.
a. The intended purpose behind establishing a Social Media presence is to disseminate
information to residents of the City of Dublin.
b. Comments containing any of the following inappropriate forms of content shall not be
pernutted and are subject to removal and/or restriction by the City's Public Information
Office:
Social Media Sites Relating to the City in General
1. Comments not related to the business of the City, including random or
unintelligible comments;
2. Violent, or pornographic content and/or language;
3. Content that promotes, fosters or perpetuates discrimination on the basis of
race, creed, color, age, religion, sex~,ial orientation, gender, or national
origin;
4. Threaten or defame any person or organization;
5. Content that is hatefiil or incites violence;
6. Solicitation of commerce, including but not limited to advertising of any
business or product for sale;
7. Conduct in violation of any federal, state or local law;
8. Encouragement of illegal activity;
9. Information that may tend to compronuse the safety or security of the
public or public systems; or
10. Content that violates a legal ownership interest, such as a copyright, of any
party.
2. Social Media Sites Relating to a Specific City Department (e.g. a Facebook page
established to disseminate information regarding the City's Parks and Community
Services Department)
1. Comments not related to the business of the Department, including random
or unintelligible comments;
2. Violent, or pornographic content and/or language;
3. Content that promotes, fosters or perpetuates discrimination on the basis of
race, creed, color, age, religion, sex~,ial orientation, gender, or national
origin;
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4. Threaten or defame any person or organization;
5. Content that is hatefiil or incites violence;
6. Solicitation of commerce, including but not limited to advertising of any
business or product for sale;
7. Conduct in violation of any federal, state or local law;
8. Encouragement of illegal activity;
9. Information that may tend to compronuse the safety or security of the
public or public systems; or
10. Content that violates a legal ownership interest, such as a copyright, of any
party.
c. Any content removed based on these guidelines must be retained by the Public
Information Office for a reasonable period of time, including the time, date and identity of
the poster, when available.
A comment posted by a member of the public on the 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 Dublin or the Department, nor
do such comments necessarily reflect the opinions or policies of the City of Dublin
or the Department.
2. The City reserves the right to deny access to the Social Media site for any
individual, who violates this Policy, at any time and without prior notice.
3. The Department responsible for the implementation of the Social Media site shall
monitor the respective site for comments requesting responses from the City and
for comments in violation of this policy.
4. When a City of Dublin employee comments or responds to a comment, in his/her
capacity as a City of Dublin employee, said comments or responses shall made
only from an official account established by the City for such purposes. No City
of Dublin employee malting comments or responses in his or her capacity as a City
of Dublin employee shall share personal information about himself or herself, or
other City employees.
4. Use of Social Medics Sites to Disseminate Information Regarding a ,Specific City Department o~
City Activity/Event/P~oject. In addition to the general provisions of this Policy, the following
provisions shall apply to the City's use of Social Media to establish an Internet presence relating
to a particular Department or City Activity/Event/Project:
a. ADepartment-designated coordinator will monitor content on Department-specific or City
Activity/Event/Project-specific Social Media sites to ensure adherence to this Policy.
b. The Department-designated coordinator will advise the Public Information Office staff of
any concerns regarding content or comments. The Public Information Office will advise
the Department-designated coordinator whether or not the content or comment should be
removed.
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c. The City reserves the right to restrict or remove any content that is deemed in violation of
this Policy or any applicable law. Any content removed based on these guidelines must be
retained by the Department's coordinator for a reasonable period of time, including the
time, date and identity of the poster, when available. The Department shall follow any
applicable requirements of the City's document retention policy for retaining content.
d. The City's content requirements must be displayed to users or made available by
hyperlink.
e. The Social Media pages shall adhere to applicable federal, state and local laws, regulations
and policies.
f. Comments on topics or issues not relating to the Department or the City
Activity/Event/Project that is the subject of a particular Social Media page may be
removed.
g. Employees representing the City government on the respective Social Media page must
conduct themselves at all times as a representative of the City and in accordance with all
City policies.
1771281.1
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