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HomeMy WebLinkAbout5.5 City Council Personal Devices, Personal Accounts, and Messages Policyr %o DUBLI N C A L I F 0 R N I A DATE: April 1, 2025 STAFF REPORT CITY COUNCIL TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager Agenda Item 5.5 SU B.ECT: City Council Personal Devices, Personal Accounts, and Messages Policy Prepared by.- Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will consider approving the City Council Personal Devices, Personal Accounts, and Messages Policy. This was requested under agenda Item 9 at the November 19, 2024 City Council Meeting. The City Council discussed the draft policy on March 18, 2025, requested changes, and directed Staff to place it on the next meeting's Consent Calendar. STAFF RECOMMENDATION: Adopt the Resolution Approving the City Council Personal Devices, Personal Accounts, and Messages Policy. FINANCIAL IMPACT: None. DESCRIPTION: At the November 19, 2024 meeting, under Item 9, the City Council requested Staff bring back for discussion a retention policy for text messages regarding City business, particularly those received during City Council meetings. On March 18, 2025 the City Council discussed the draft policy (that Staff Report is attached as Attachment 3). After clarifying questions and discussion, the City Council directed Staff to make the following changes to the policy: define who the policy impacts, clarify the difference between sent and received messages during City Council meetings and define sent messages during a City Council meeting as Record Messages, and set a deadline of when messages sent during a City Council meeting need to be preserved. Staff has drafted an updated policy for the City Council's consideration reflecting the requested changes, in addition to clarifying the language in 3.d regarding the use of technology during City Council meetings on agenda items. A redlined version Pagel of 2 129 of the draft policy is attached here as Attachment 3. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the City Council Personal Devices, Personal Accounts, and Messages Policy 2) City Council Personal Devices, Personal Accounts, and Messages Policy 3) City Council Personal Devices, Personal Accounts, and Messages Policy (Redline Version) 4) March 18, 2025 Staff Report (without attachments) Page 2 of 2 130 Attachment I RESOLUTION NO. XX — 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE CITY COUNCIL PERSONAL DEVICES, PERSONAL ACCOUNTS, AND MESSAGES POLICY WHEREAS, the California Public Records Act (CPRA) (Division 614 of the Government Code, beginning at section 7920.005) declares that "access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state"; and WHEREAS, whether something is considered a public record depends on the content of the writing, not the medium in which it is kept, or the location where it is kept; and WHEREAS, members of the City Council occasionally use personal devices and personal accounts to communicate regarding City business; and WHEREAS, the City Council wishes to establish a policy around the retention and management of such City Council communications. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the City Council Personal Devices, Personal Accounts, and Messages Policy (the "Policy"), attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby acknowledges the benefit of this Policy. PASSED, APPROVED AND ADOPTED this 1 st day of April 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 1 131 Attachment 2 Exhibit A to the Resolution City of Dublin, CA City Council Policy Personal Devices, Personal Accounts, and Messages City Council Personal Devices, Personal Accounts, and Messages Policy Purpose: To ensure the proper handling and preservation of City Council business conducted through Councilmembers' personal electronic devices, personal email accounts, and personal messaging accounts. 2. Overall Guidelines: The City Council discourages Councilmembers from using personal email accounts, personal messaging accounts, and personal electronic devices to conduct City Business. However, if personal devices are used, the following guidelines must be followed. 3. Policy Guidelines: a. Definitions Councilmember: The members of the City Council, specifically including the Mayor. ii. City Business: Messages and emails sent or received relating to the work as a Councilmember or the business of the City. iii. Messages: Any form of communication or information relating to the conduct of City Business, that is owned, used, or retained, regardless of form or characteristics. This includes communications or representations (e.g. symbols, emojis, sounds, pictures) sent or received through any technology, medium, or format, whether encrypted or not. Examples include, but are not limited to, text messages (SMS/MMS), emails, instant or direct messages, messaging applications, social media posts or comments, voice messages, images, videos, recordings, handwriting, photographs, and any other means of recording or transmitting communications, and any record thereby created, regardless of the manner in which the record has been stored. Messages are classified as Transitory Messages or Record Messages, based on retention requirements. iv. Transitory Messages: Messages, as defined, that are temporary, have a short- term value, and are not required for ongoing operations. Examples include, but are not limited to, routine requests for information, meeting notices, and general correspondence that does not document significant decisions or actions. Retention Period: When no longer required, in accordance with the City's Records Retention Schedule. Original Effective Date: Revised Date: Page 1 of 5 132 City of Dublin, CA City Council Policy Personal Devices, Personal Accounts, and Messages v. Record Messages: 1. Messages, as defined, documenting significant decisions, actions, or transactions. Examples include, but are not limited to, policy decisions, official communications, communications related to agenda items, and any correspondence that must be retained for legal, operational, or historical purposes. 2. All Messages, as defined, sent to a Councilmember during a City Council Meeting, even if they might otherwise be considered transitory. Examples include, but are not limited to, a text message sent to a Councilmember by a constituent about an agenda item or an email or social media direct message sent to a Councilmember by an audience member commenting about a public speaker's tone, both of which relate to the conduct of City Business. A text message sent by an outside work colleague to a Councilmember concerning an outside work matter would not be considered a Record Message, because it does not relate to City Business. 3. Information or communications sent by a Councilmember during a City Council Meeting, expressly including communications or information that is not relating to the conduct of City Business, and even if the information or communications might otherwise be considered transitory. Examples include, but are not limited to, a text message sent by a Councilmember in response to a message from an outside work colleague about an outside work matter, or a text message sent by a Councilmember to a family member. Retention Period: Four years, in accordance with the City's Records Retention Schedule. vi. Personal Device(s): A computer, mobile phone, or any other device that is not owned by the City, whether owned by the City Councilmember or not, that is used by the City Councilmember, in part, to send or receive Messages related to City Business. b. Preservation of Records: If an email or Message from a Personal Device or any personal account contains content that requires preservation under the definition of a Record Message, it must be: i. Memorialized through another record (e.g., memorandum, letter, or email) that is saved for its required retention period based on the content of the record; or Original Effective Date: Revised Date: Page 2 of 5 133 City of Dublin, CA City Council Policy Personal Devices, Personal Accounts, and Messages ii. Copied or forwarded to a City email account, where it will be properly saved in compliance with this policy. Record Messages shall be memorialized or copied or forwarded to a City email account within 72 hours of their creation. c. Public Records Act Compliance and Records Requests Public Records Act Compliance: Emails, Messages, and records stored on a Personal Device or in personal accounts relating to City Business may be subject to the California Public Records Act. Records Requests: In the event a request for records is received, City Councilmembers, to the extent required by law, must search for all records responsive to such request, including any records stored on Personal Devices and/or personal accounts, unless an exemption under the California Public Records Act applies. This would include Transitory Messages that have not been deleted and Record Messages. The City Clerk will notify City Councilmembers of a request for records that may be stored on Personal Devices and/or personal accounts, and the City Councilmember must send any responsive records to the City Clerk. d. Communication During City Council Meetings It is acknowledged that the Dublin City Council Norms (2019) provide that City Councilmembers "will not access the Internet or use any form of technology during Council meetings regarding agenda items" and that this policy would apply even in circumstances where the norms are not followed. 4. Responsibilities: a. City Councilmembers are responsible for ensuring that any City Business conducted on Personal Devices and/or personal accounts is properly documented and preserved according to this policy. City Councilmembers are required to acknowledge this policy by signing the attached declaration either within seven (7) days of taking their oath of office or within seven (7) days of the effective date of this policy for those currently in office at the time the City Council adopts it. b. The City Clerk must ensure that City Councilmembers are aware of and acknowledge this policy by signing the attached declaration 5. Procedures Original Effective Date: Revised Date: Page 3 of 5 134 City of Dublin, CA City Council Policy Personal Devices, Personal Accounts, and Messages a. Instructions for Sending Text Messages to City Email. To ensure text messages are properly preserved, City Councilmembers should follow these steps to forward a text message to their City email account: i. Open the text messages you want to forward. ii. Tab and hold the message until options appear. iii. Select "Forward" or the equivalent option. iv. Enter your City email address in the recipient field. v. Send the message. Instructions for Sending Screenshots of Messages to City Email. If Messages cannot be forwarded directly using the procedures outlined above, City Councilmembers should take screenshots of the Messages and attach them to an email addressed to their City email address. Messages contained in other formats should be attached to an email addressed to their City email address. 6. The City's Ongoing Commitment to this Policy. City of Dublin Staff shall recommend the adoption of a City Council resolution in each odd -numbered year to reaffirm the City's support for this policy. Approved: By City Council Resolution No. XX-25 Summary of Revisions April 2025 — Adopted Original Effective Date: Revised Date: Page 4 of 5 135 V �� DUBLIN C A L I F 0 R N I A CITY OF DUBLIN City Council Personal Devices, Personal Accounts, and Messages Policy On April 1, 2025, the City Council adopted Resolution No. XX-25 Approving the City Council Personal Devices, Personal Accounts, and Messages Policy (the "Policy"). Section 4.a of the Policy states that City Councilmembers are responsible for acknowledging the Policy by signing this declaration either within seven days of taking their oath of office or within seven days of the effective date of the Policy. To ensure full compliance with the Policy, the Mayor and City Councilmembers shall execute a declaration under penalty of perjury, on this form or another form provided by the City Clerk, stating that they are aware of and acknowledge their responsibility to properly document and preserve any communication related to conducting City Business on Personal Devices and/or personal accounts. The required declaration shall be filed with the City Clerk within seven days of taking the oath of office or within seven days of the original effective date of the Policy. My office of. ❑ Mayor ❑ Councilmember I, , hereby certify under penalty of perjury that I understand the City Council Personal Devices, Personal Accounts, and Messages Policy and commit to full compliance with the Policy. (Date) (Signature) 136 Attachment 3 City of Dublin, CA City Council Policy Personal Devices, Personal Accounts, and Messages City Council Personal Devices, Personal Accounts, and Messages Policy Purpose: To ensure the proper handling and preservation of City Council business conducted through Councilmembers' personal electronic devices, personal email accounts, and personal messaging accounts. Overall Guidelines: The City Council discourages Councilmembers from using personal email accounts, personal messaging accounts, and personal electronic devices to conduct City Business. However, if personal devices are used, the following guidelines must be followed. 3. Policy Guidelines: a. Definitions i. Councilmember: The members of the CitV Council, specificallV including the Mayor. ii. City Business: Messages and emails sent or received relating to the work as a Councilmember or the business of the City. iii. Messages: Any form of communication or information relating to the conduct of City Business, that is owned, used, or retained, regardless of form or characteristics. This includes communications or representations (e.g. symbols, emojis, sounds, pictures) sent or received through any technology, medium, or format, whether encrypted or not. Examples include, but are not limited to, text messages (SMSIMMS), emails, instant or direct messages, messaging applications, social media posts or comments, voice messages, images, videos, recordings, handwriting, photographs, and any other means of recording or transmitting communications, and any record thereby created, regardless of the manner in which the record has been stored. Messages are classified as Transitory Messages or Record Messages, based on retention requirements. iv. Transitory Messages: Messages, as defined, that are temporary, have a short- term value, and are not required for ongoing operations. Examples include, but are not limited to, routine requests for information, meeting notices, and general correspondence that does not document significant decisions or actions. Retention Period: When no longer required, in accordance with the City's Records Retention Schedule. WON��:1�L � :�iin.ni�:�.�.:�t.ui�os�.ra:�:m Original Effective Date: Revised Date: Page 1 of 5 137 City of Dublin, CA City Council Policy Personal Devices, Personal Accounts, and Messages .. .01 - M. 1M."NUM L.M... -.-. -2. L --.'I Q samisma 1. Messages, as defined, documenting significant decisions, actions, or transactions. Examples include, but are not limited to, policy decisions, official communication communications related to agenda items, and any correspondence that must be retained for legal, operational, or historical purposes. 2. All Messaaes, as defined, sent to a Councilmember durina a Citv Council Meeting, even if they might otherwise be considered transitory. Examples include, but are not limited to, a text message sent to a Councilmember by a constituent about an agenda item or an email or social media direct message sent to a Councilmember bV an audience member commenting about a public speaker's tone, both of which relate to the conduct of CitV Business. A text message sent bV an outside work colleague to a Councilmember concerning an outside work matter would not be considered a Record Messaae, because it does not relate to Citv Business. 3. Information or communications sent by a Councilmember during a City Council Meeting, expressly including communications or information that is not relatina to the conduct of Citv Business. and even if the information or communications might otherwise be considered transitory. Examples include, but are not limited to, a text message sent by a Councilmember in response to a message from an outside work colleague about an outside work matter, or a text message sent by a Councilmember to a family member. Retention Period: Four years, in accordance with the City's Records Retention Schedule. vi. Personal Device(s): A computer, mobile phone, or any other device that is not owned by the City, whether owned by the City Councilmember or not, that is used by the City Councilmember, in part, to send or receive Messages related to City Business. b. Preservation of Records: If an email or Message from a Personal Device or any personal account contains content that requires preservation under the definition of a Record Message, it must be: Original Effective Date: Revised Date: Page 2 of 5 138 City of Dublin, CA City Council Policy Personal Devices, Personal Accounts, and Messages i. Memorialized through another record (e.g., memorandum, letter, or email) that is saved for its required retention period based on the content of the record; or Copied or forwarded to a City email account, where it will be properly saved in compliance with this policy. Record Messages shall be memorialized or copied or forwarded to a City email account within 72 hours of their creation. c. Public Records Act Compliance and Records Requests Public Records Act Compliance: Emails, Messages, and records stored on a Personal Device or in personal accounts relating to City Business may be subject to the California Public Records Act. Records Requests: In the event a request for records is received, City Councilmembers, to the extent required by law, must search for all records responsive to such request, including any records stored on Personal Devices and/or personal accounts, unless an exemption under the California Public Records Act applies. This would include Transitory Messages that have not been deleted and Record Messages. The City Clerk will notify City Councilmembers of a request for records that may be stored on Personal Devices and/or personal accounts, and the City Councilmember must send any responsive records to the City Clerk. d. Communication During City Council Meetings in annnrdaRGe with Resolution Ne 17_1- It is acknowledged that the Dublin City Council Norms (2019) provide that City Councilmembers will refrain from sending any Message "will not access the Internet or use any form of technology during Council meetings regarding agenda items," GO inni1 Meetinno OR on„ ageR a 'tem and that this policy would apply even in circumstances where the norms are not followed. 4. Responsibilities: a. City Councilmembers are responsible for ensuring that any City Business conducted on Personal Devices and/or personal accounts is properly documented and preserved according to this policy. City Councilmembers are required to acknowledge this policy by signing the attached declaration either within seven (7) days of taking their oath of office or within seven (7) days of the effective date of this policy for those currently in office at the time the City Council adopts it. Original Effective Date: Revised Date: Page 3 of 5 139 City of Dublin, CA City Council Policy Personal Devices, Personal Accounts, and Messages b. The City Clerk must ensure that City Councilmembers are aware of and acknowledge this policy by signing the attached declaration 5. Procedures a. Instructions for Sending Text Messages to City Email. To ensure text messages are properly preserved, City Councilmembers should follow these steps to forward a text message to their City email account: i. Open the text messages you want to forward. ii. Tab and hold the message until options appear. iii. Select "Forward" or the equivalent option. iv. Enter your City email address in the recipient field. v. Send the message. Instructions for Sending Screenshots of Messages to City Email. If Messages cannot be forwarded directly using the procedures outlined above, City Councilmembers should take screenshots of the Messages and attach them to an email addressed to their City email address. Messages contained in other formats should be attached to an email addressed to their City email address. 6. The City's Ongoing Commitment to this Policy. City of Dublin Staff shall recommend the adoption of a City Council resolution in each odd -numbered year to reaffirm the City's support for this policy. Approved: By City Council Resolution No. XX-25 Summary of Revisions April 2025 — Adopted Original Effective Date: Revised Date: Page 4 of 5 140 V �� DUBLIN C A L I F 0 R N I A CITY OF DUBLIN City Council Personal Devices, Personal Accounts, and Messages Policy On April 1, 2025, the City Council adopted Resolution No. XX-25 Approving the City Council Personal Devices, Personal Accounts, and Messages Policy (the "Policy"). Section 4.a of the Policy states that City Councilmembers are responsible for acknowledging the Policy by signing this declaration either within seven days of taking their oath of office or within seven days of the effective date of the Policy. To ensure full compliance with the Policy, the Mayor and City Councilmembers shall execute a declaration under penalty of perjury, on this form or another form provided by the City Clerk, stating that they are aware of and acknowledge their responsibility to properly document and preserve any communication related to conducting City Business on Personal Devices and/or personal accounts. The required declaration shall be filed with the City Clerk within seven days of taking the oath of office or within seven days of the original effective date of the Policy. My office of. ❑ Mayor ❑ Councilmember I, , hereby certify under penalty of perjury that I understand the City Council Personal Devices, Personal Accounts, and Messages Policy and commit to full compliance with the Policy. (Date) (Signature) 141